Prioritizing Debt Repayment With Your Income Tax Refund
February and March are the months when most working Americans will receive their income tax refunds. And while many consumers will have the advantage of being able to save their refund money, or spend it on a minor luxury such as a vacation or television, some will use that money to catch up on bills […]
Will Incorporation Protect Me from the Collection of Corporate Debts?
Incorporation has become a common theme for small business owners, and it certainly offers some protections to those who are self-employed. But the marketing of corporations and LLC’s (limited liability companies) may overstate the protections of incorporating, especially when it comes to protection from debt. When a business is incorporated, a separate legal entity is […]
What to Know When Negotiating a Settlement with a Creditor
There may be certain circumstances when a consumer does not need a bankruptcy filing, especially if they are only concerned about a few specific debts. Given that is tax refund time, many consumers may have suddenly cash available to satisfy old debts that have gone to collection. In the alternative, an individual may seek assistance […]
THE CONSUMER FINANCIAL PROTECTION BUREAU: THE CONSUMERS ALLY IN ENFORCING THEIR CONSUMER RIGHTS
The Consumer Financial Bureau (“CFPB”) arose in the aftermath of the 2008 economic crisis (the “Great Recession”), as a response to what was perceived to be over-reaching by the consumer finance industry. While various legal protections existed prior to the creation of the CFPB, such as CARD (Credit Card Accountability, Responsibility and Disclosure Act), RESPA […]
AUTOMOBILE TITLE PAWNS AND BANKRUPTCY
Title pawns have become an ever-growing percentage of consumer debt, as they are marketed as a short-term “quick fix” to a budget deficit. Presumably, these loans will allow the consumer to bridge the gap until payday, at which time the loan will be paid off and title returned. Unfortunately, this is rarely the case, and […]
EVOLUTION OF DEBT IN CONSUMER BANKRUPTCY CASES OVER THE LAST 20 YEARS
Having practiced bankruptcy law in Augusta for over 20 years, I have had the opportunity to witness firsthand how consumer debt has changed during that time. While the primary causes that lead to bankruptcy have not changed significantly during that time (unemployment, divorce/separation, health issues and mismanagement), the types of debt involved in the consumer […]
A Consumer’s Post-Foreclosure Liabilities
There are various reasons that may cause a homeowner to default on their home loan. Divorce, separation or unemployment may deprive a consumer of the income necessary to service the home loan, which will eventually lead to the foreclosure of the residence. In some cases the homeowner may try unsuccessfully to save the house through […]
What Consumers Need to Know About Their Post-foreclosure Liabilities
Check out this article about the aftermath that consumers are facing after foreclosure: http://www.msn.com/en-us/money/news/americans-face-post-foreclosure-hell-as-wages-garnished-assets-seized/ar-BB9dmPO
A Glimpse into the World of Modern Debt Collection and the Unfortunate Debtors Who are Targeted
Consumer debt collection is a highly profitable industry. This New York Times magazine article excerpt by Jake Halpern gives a glimpse into the dark world of debt collection: http://www.nytimes.com/interactive/2014/08/15/magazine/bad-paper-debt-collector.html?_r=1
Debt Collection Statistics Released: Common Reasons for Debts to Go into Collection
A recent study concluded that one out of every three adult Americans has at least one debt that has been turned over for collection. However, Georgia had one of the highest rates, with 40% of its adult residents having at least one collection account. Other blogs on this site have discussed how to handle collection […]