Board Certified Specialist in Bankruptcy
Some of the best advice a bankruptcy attorney can give is about timing: when to file. In many circumstances, we advise our clients to wait until a date certain to file, and to maintain the status quo until then, which often means dealing with a deluge of creditor and bill collector calls.Just this morning, I e-mailed back and forth with a client who wants and needs to wait until this fall … [Read more...]
The FTC recently released a report showing that the leading consumer complaint category in 2010—for the 11th consecutive year—is identity theft, garnering 19% or 250,854 complaints received. We have seen situations where identity theft drove someone into bankruptcy.Close behind identity theft was debt collection, which accounted for 11% or 144,159 complaints.Although we do not … [Read more...]
Last week I wrote about creditors that text collections messages to debtors' cell phones. We had a question from a reader about the legality of creditors using cell phones in light of the federal Do Not Call Registry. Specifically, if you place your cell phone on the Registry, are creditors prohibited from calling you?The short answer is "no." Handling calls from creditors When the … [Read more...]
In this recession, it is no surprise that the Federal Trade Commission -- which has primary enforcement responsibility as to the Fair Debt Collection Practices Act -- reports an absolute increase in the number of complaints by consumers about third-party debt collectors' practices. An April 21, 2010 slip opinion by the United States Supreme Court in the matter of Jerman v. Carlisle, McNellie, … [Read more...]