No, they may not. In fact, it is unlawful for the collection agency to contact you several times in one day via the phone. This is described as ‘incessant calling,’ and is actionable in the courts. The area of law that governs what a debt collector may or may not…
You have a right to demand that the debt collector cease any and all communication with you regarding your debts, but the federal law governing this area states very clearly that such a demand has to made in writing. Assuming that you do indeed make a written demand, then a…
Not as bad as you think. But the more important question to focus on would be how long it will take to rebuild your credit. The answer to this may surprise you as well. To begin with, the filing of a bankruptcy will appear on your credit report for ten…
This would be a violation of the Telephone Consumer Protection Act (TCPA). Various court cases have determined that a collection agency using this type of technology is violation of the act, and damages can thereafter be assessed. But if such a violation occurs, there are several things that you can…
Yes, it can. And this is why it is so very important to make it clear to your bankruptcy attorney how many people live with you, whether those individuals include a spouse, children, parents, siblings, or other relatives. Because the number of people who live in your household can have…
No, it does not affect your ability to file for bankruptcy protection in either Missouri or Illinois. But in terms of full disclosure, the cases would need to be identified clearly on your bankruptcy schedules so that the Trustee is made aware of it. Once this disclosure is made, it…
Yes and no. This happens to be one of those situations in which a ‘yes and no’ answer is appropriate. There are very specific rules concerning joint debt between a married couple. So if you are planning on filing a Missouri or Illinois bankruptcy, this is a great blog post…
This is one of the more common things I hear from clients. And it makes sense: if you are dealing with large sums of debt, collection agencies are calling you night and day, and you can’t seem to figure out how to manage your finances, things can get pretty stressful.…
Immediately. Most people believe that it will take many, many years before they can ever again enjoy anything like a decent credit score after filing for a Missouri bankruptcy. But the exact opposite is true. In most cases, an individual can begin to see upward movement of their credit rating…
This is nothing to panic about. You can always add a creditor later. Of course, getting everyone thrown in the first time is the easier way of going about things. But the court recognizes that you may end up forgetting a debt that will need to be included at a…