Michigan Bankruptcy Blog

US Supreme Court Rules Debt Buyers Not Covered by the FDCPA

US Supreme Court Rules Debt Buyers Not Covered by the FDCPA

Supreme Court Further Protects Debt Buyers from FDCPA Unanimous Opinion: Debt Buyers May Abuse Consumers Freely Yesterday, the US Supreme Court issued its second opinion this term regarding the applicability of the Fair Debt Collection Practices Act (FDCPA) to so-called "debt buyers." Debt Buyers are companies such as the notorious Midland Funding, LLC, which make a business of buying "bad debt," often for pennies on the dollar, occasionally for nothing at all, and then collecting on the debt, ...

Posted on June 13th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Is My Credit Card Debt a Secured Debt in Bankruptcy?

Credit Cards as Secured Debts: Often Claimed, Rarely Proved ... The Issue The issue of whether a credit card debt can be claimed to be a "secured" debt in bankruptcy is a common discussion for attorneys who handle Chapter 13 bankruptcies in particular. In a Chapter 13 bankruptcy, creditors are repaid some or all of what they are owed. (See my Chapter 13 plan page here for more detail on how this works!). In order to be paid, ...

Posted on March 15th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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When Will Creditors Stop Calling If I File Chapter 7 or Chapter 13 Bankruptcy?

When Will Creditors Stop Calling After Filing Chapter 7 or Chapter 13 Bankrutpcy in Michigan—and What If They Don't?   Creditors Stop Calling Upon Filing of the Bankruptcy Petition Will Creditors stop calling after you file for Chapter 7 or Chapter 13 bankruptcy? In most cases, yes. Upon the filing of a petition for bankruptcy, a sort of "master injunction" under Federal law called the "automatic stay against collections" is put into immediate effect against all of your creditors' collection ...

Posted on January 14th, 2013 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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Using Credit Cards Before Bankruptcy Filing: Some Call It Fraud

Using Credit Cards Before Bankruptcy Filing: The Best Way to Endanger Your Discharge Using credit cards before filing bankruptcy is one of the first things that an experienced Michigan bankruptcy attorney will tell you not to do after your initial consultation. Using credit cards before bankruptcy, particularly within 90 days of the filing of a Chapter 7 or Chapter 13 bankruptcy petition will be scrutinized for potential fraud by both the bankruptcy trustee and any involved creditors. ...

Posted on December 13th, 2012 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

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