Legal Articles, Bankruptcy & Debt
The Financial Judgment: It Does Not Mean You Have to Lose
If you are unable to file a response to a lawsuit, there is the possibility of turning around a default judgment, and it may not be as difficult as you think.
Negotiating the Collections Lawsuit: The Creditor May Worry You Will File for Bankruptcy
Even if you are not planning to file for bankruptcy and are open to negotiating a settlement, you may be surprised to find out how willing a creditor is to work with you.
Court Judgments & Wage Garnishing: What is Exempt?
If your wages are about to be garnished, you and your employer must both be notified. But what about other forms of income?
Millennial Homebuyers Restricted by Student Loan Debt
Delinquencies and defaults on student loans have risen past 11 percent, even with the availability of alternative repayment programs.
Court Judgments: Difficult, But Not the End of the World!
Replying to a collections lawsuit is in your best interest; if you don't, a default judgment can be granted against you almost automatically, bringing with it the threat of wage garnishments, property seizure, and bank levies.
Collections Lawsuits: Don’t Let the Creditor Turn You into a Victim
A reply to a collection lawsuit is necessary unless you have nothing to lose. Do not feel so intimidated by the creditor, a debt collections agency, or the court process overall that you fall victim and end up with a default judgment against you.
No Assets: Why is the Creditor Wasting Time Suing Me in a Collections Lawsuit?
While there may be no rhyme or reason as to why some creditors or collections agencies will decide to sue you, it is in your best interest to consult with a collections lawsuit attorney as soon as you receive a summons and complaint.
Cumulative Student Loan Debt Reaches $1.53 Trillion
Defaults on student loans can have severe repercussions for borrowers of any age. Private servicers may sue upon default, while the federal government may garnish wages or intercept tax refunds.
Preference suits and the earmarking doctrine
If before bankruptcy is filed the debtor pays some debts and not others, ie 'prefers' some creditors, the court may be able to get back those payments from the person or entity that received the funds. For insiders (relatives, business partners, others with a special relationship to the debtor) the court looks back at least one year for such payments, and may be able to look back over a much longer period to determine if the payment qualifies for recovery. One of the defenses to this doctrine is called the earmarking doctrine, if funds were specifically provided to the debtor conditioned on paying a specific debt.
Default Judgment: The Automatic Stay Could Help at the Last Minute
The automatic stay is an extremely helpful injunction, and your creditors will be alerted to your bankruptcy filing; however, even if they are not, the automatic stay still prohibits them from collecting on any debts.
