Get Foreclosure Help

Author: admin

  • What Effect does California State Court Judgement have on a Debt during Bankruptcy Discharge?

    What Effect does California State Court Judgement have on a Debt during Bankruptcy Discharge?

    Bankruptcy is one of the preferred ways to get your spiraling debts discharged so that you get a clean slate to start your life afresh. Though usually court rulings or judgment are not enough on their own to make a debt not dischargeable, yet sometimes they may make it difficult or impossible in rare cases too. Though a majority of the debts accumulated by a person get discharged during bankruptcy, it is important to note that certain debts cannot be legally written off. Those debts which cannot be discharged are categorized as:

    1. Non-Dischargeable- The creditor doesn’t object to the discharge of these debts. Some examples of these debts include spousal and child support, income tax, criminal fines, and
    2. This category includes debts that are potentially non-dischargeable since the creditor can object to their discharge. Timely objection by the creditor can result in non-discharging of the debts. To interrupt the discharging of these debts, you need to file charges for bad behavior against the debtor. Few examples of such debts include those due to misrepresentation or fraud (bounced cheques) or causing willful injury to a person or property (physical assault)

    How to lay the foundation for non-discharge of debts in bankruptcy?

    It is extremely important for a creditor to prove all required allegations for the establishment of bad behavior to get not dischargeable debts. According to Section 523(a)(2) of Bankruptcy Code, Los Angeles bankruptcy lawyers Recovery Law Group suggests, to prove that a particular debt was obtained by fraud – a creditor needs to attest that the debtor made a demonstration which he/she knew to be false at that particular time; that such demonstration was made with a malicious intent (of deceiving the creditor) and the creditor fell prey to the said demonstration and incurred heavy damage due to the same.

    All of these points need to be proved during the trial in bankruptcy court. However, if the same was previously done in a state court lawsuit, with a judgment obtained against the debtor, the job will be very easy for the creditor. If a state court judgment is entered against the debtor, the chances of getting the debt discharge may diminish.

    Can debts be discharged even after unfavorable judgment?

    Just because a debt has turned into a judgment is no way to guarantee whether they will be discharged or not. If a particular debt can be discharged before the entry of judgment, then it can be done after judgment too. Bankruptcy discharge can be effectively used to not just wipe out the debt but also the judgment. Sometimes a judgment can turn into a lien on your real estate and other properties. When the creditor registers a lien against your home or other property, options are available to get rid of the lien. However, if a judgment has changed into a judgment lien attached to your property, things can get a bit tricky.

    As per Section 524 of Bankruptcy Code, if a creditor does not wish the debtor’s debts to be discharged or the judgment voided, they should timely object to discharging of debts. To object to the debts, the creditor must have timely information of the filing of the bankruptcy case by the debtor and file his concerns within the specific short timeframe. Consult with expert bankruptcy attorneys at 888-297-6023 to send appropriate notice to the creditors and find out the timeframe of creditors deadline in your particular case.

    In case the creditor objects to the debt discharge within the stipulated time frame, the language of the judgment plays an important role. The judgment can simply state the amount of money owed in debt by the debtor or the judgment might specify any fraud, misrepresentation or any wilful and malicious injury actions of the debtor which caused him/ her to incur the debts and subsequent judgment.

    What effect can the language of judgment have?

    Words and language can make a huge difference, especially in legal documents. State court judgment’s specific language is extremely important as the bankruptcy court uses this to decide the bankruptcy discharge. If the language specifies only the fact that debtor owes money to creditors, the debt has a chance of getting discharged during bankruptcy. If however, any fraudulent activity or any type of bad behavior is specified in the state court judgment, this fact is taken into consideration by the bankruptcy court to decide their verdict.

    Res judicata or collateral estoppel is an important and an ancient principle through which courts take each other’s decision into account while giving the verdict. In case one court has reached a verdict, it is accepted by another court, provided a specific number of conditions are met.

    The factor that keeps this time-honored law principle in place is:

    • It protects petitioners from any harassment due to similar repeated litigations.
    • It helps avoid any varying judgments of the same problem with different solutions, as this can imbibe low esteem for the legal system.
    • It also saves time by avoiding repetitive lawsuits.
    • A lot of time as well as resources, both of the court and the filing parties, are saved since a matter previously resolved in courts is not re-tried in another.

    Despite federal courts being superior to state courts, they too generally accept state court judgments, thanks to Article IV, Section 1 clause of the U.S. Constitution’s which states “full faith and credit”. However, there are some cases where federal law overstates the state law; but states have the right to decide when a particular judgment from one court is binding on another. California law specifies which state court judgments will be accepted by bankruptcy courts.

    According to the Supreme Court of California, for a case to be excluded from re-litigation, it must be exactly similar to one decided in previous proceedings. The issue in concern must actually have been tried in a former proceeding. The case must have been certainly decided in the previous proceeding. The decision taken previously must be on merits and final. Lastly, the party against whom prohibition is being asked must be the same as the party in previous proceedings. If the creditor is able to prove that the judgment obtained in a state court satisfies all of the above mentioned five requirements in bankruptcy court, the debts will not be discharged.

    In case the debt is not discharged as the debtor had incurred the same via means of fraud, the creditor needs to prove that the intentions of the debtor were malicious and done with the sole intention of cheating the creditor. If this was the actual issue litigated and decided in state court and a final decision was rendered against the debtor, then the bankruptcy court is bound to agree with the state court’s assessment and decision regarding the fraud element. The principle of collateral estoppel is applied with both discretion and flexibility. As per the U.S. Supreme Court, trial courts including bankruptcy courts should use broad discretion to know when res judicata must be applied.


      *Are you more than 60 days past due on your mortgage?

      *Do you own a home?

      Are you currently working?

      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

    • Preference Challenge – Can a Bankruptcy Trustee Prevent or Defend it?

      Preference Challenge – Can a Bankruptcy Trustee Prevent or Defend it?

      Bankruptcy cases can be simple or complex. Thus it is always advised to hire an expert bankruptcy lawyer to deal with the nuances of the case and get you the benefit of a fresh start. One of the major challenges of a bankruptcy case is having to deal with the trustee’s preference challenge. A majority of the cases, however, do not involve preference problem as they can be easily avoided, defended or circumnavigated. However, it is important to know and understand what bankruptcy trustee’s preferences are so that you and your legal expert are well prepared to handle the problem.

      What is Preference Law?

      Preference law (Section 547) of the U.S. Bankruptcy Code with around 55 subsections is more than 175 years old with numerous revisions done since the time it was introduced. A preference is a preferential payment (monetary or property) which is made to one creditor within a specified time frame before bankruptcy filing as a preference over your other creditors. Under specific conditions, the creditor which benefitted from the payment can be forced to repay the amount paid or return the property over to bankruptcy trustee. Preference payments can easily be undone. In case the creditor you had paid in preference of other creditors is a friend or relative, the results can be detrimental for you.

      To be more specific, preference law is put in force only if a particular creditor is paid within 90 days of the filing of your bankruptcy case. In case the creditor is an insider i.e. family or friend, this period is a full year. Any money paid to a creditor does not necessarily come under preference. To qualify as a preference, it has to meet 5 essential requirements. There are a number of exceptions too. The 5 necessary elements as stated in Section 547(b) of Bankruptcy Code include:

      The trustee can avoid any transfer made by a debtor if:

      • It is to or for the benefit of a creditor
      • It is for an account of previous debt owed by the debtor before the said transfer was made
      • It was made when the debtor was broke
      • It was made –
        • Within 90 days prior to the filing of a bankruptcy petition
        • Between 90 days and 1 year prior to the bankruptcy filing, in case the creditor was an insider
      • If the creditor received more than what they would have if –
        • The bankruptcy case was a chapter 7 case
        • The transfer was not made
        • The creditor got payments of such debt to limits provided by provisions specified by law

      Can preference be avoided?

      Despite what you assume, it is not essential that the pre-petition payment you make is a preferential one. To be sure, you need to consult bankruptcy lawyers such as Dallas based lawyers, Recovery Law Group. It must, however, be kept in mind that the 90 days/1-year deadline is a strict one which needs to be followed. You can easily avoid any problem if you ensure that no such payments are made in the mentioned deadlines while filing for bankruptcy. In case you have made transfers to a creditor within the stipulated time frame, it is advised that you delay the filing of papers till the time has passed.

      Sometimes, the situation is such that you cannot hold off filing for bankruptcy. Foreclosure, wage garnishment, and repossession are some of the threatening creditor actions due to which a debtor might have no option of delaying the filing of bankruptcy papers. In this case, it is important to defend the preference. There are some cases, where you might not require to defend the trustee’s assertion of the preference, like –

      • The preference challenge is not against you but against the creditor who received the payment.
      • According to Subsection 547 (c)(8) and (9), a statutory exception for transfer of amount less than $600 exists in consumer bankruptcy cases. The amount being $6,425 in business bankruptcy cases.
      • Bankruptcy trustees generally don’t pursue consumer cases preference payments which are more than $600, if there are no assets involved. This is due to practical reasons. However, it depends on individual cases and the predisposition of the trustee.
      • Sometimes the creditors at the receiving end of the preference are not worth the effort and cost of trying to take any collection actions against them. This is usually the case when the payment receiving party has little to no income or assets which can be legally pursued by the trustee. Another reason might be that the risk of finding or tracking the person is too huge.

      Since bankruptcy trustee will also be paying lawyers to pursue the case, it is futile to spend money on pursuing preferential amount when the above-mentioned factors are involved.

      Options available if bankruptcy trustee pursues preference

      Sometimes, you might encounter a bankruptcy trustee who is willing to go down the road to pursue preference. In such a case, the debtor needs to prove that the payment made to the creditor (preference amount) within the stipulated time frame (90 days/ 1 year) was later paid back by the creditor. This will stop the trustee from pursuing the amount paid, as the money paid by the creditor will nullify the preferential payment. For this to take place, the creditor (family, friend or unknown) must be willing to pay back the amount you paid in order to avoid giving it to the trustee. The timing of the transaction, as well as your treatment of the amount, is equally important too. This is known as the “new value” defense strategy. To get a better hang of the situation, consult expert bankruptcy attorneys at 888-297-6023.

      Assuming you have made a preferential payment and the bankruptcy trustee assigned to your Chapter 7 case is adamant on reversing it, you need to take some action to prevent it. You cannot let the creditor repay and also cannot create the above mentioned “new value” defense as they don’t have enough money to pay you back. In case, you have the amount to pay back the bankruptcy trustee, you can do so. The trustee can accept the preference amount from you, either in full or in monthly payments. You might also get to pay back less than the actual preference amount as both you and the bankruptcy trustee will be saving on attorney fees and other similar expenses.

      Can Chapter 13 help in preference?

      People filing for personal bankruptcy generally have a choice to choose between Chapter 7 and Chapter 13. However, for the former, you need to pass the means test. In case, you are facing a preference problem, choosing the latter will be more beneficial. This is so because chapter 13 is an excellent way to repay the trustee the due (or reduced) preference amount through the repayment plan. The various advantages associated with it include:

      • Unlike Chapter 7 bankruptcy trustee, a Chapter 13 one will be more open to accepting payments from you since they are already involved in disbursing of payments to creditors through the repayment plan.
      • You do not have to worry about how soon you have to make payments to the trustee.
      • You get more time to repay the preference amount through the Chapter 13 repayment plan.
      • More flexibility is provided while paying preference amount compared to other important debts like a home mortgage, income tax, etc.

      Should you let the trustee pursue the creditor for preference paid?

      The above-mentioned techniques are extremely helpful if you wish to protect the creditor whom you had made payments prior to filing for bankruptcy. If however, there is no such personal obligation to protect the creditor, it is not essential to go through the entire rigmarole. Some situations where you won’t try to interfere with the trustee’s proceedings to collect the preference include –

      • When your relationship with the creditor is not so good, you wouldn’t care if the trustee forces them to cough up the money.
      • Your relationship has deteriorated over the timeframe and you are unaffected by the repayment efforts being made against them.
      • If the creditors can afford to hand over the preference amount to the trustee. You can later voluntarily pay them the preference amount back. The dues are likely to be discharged after bankruptcy.
      • If your relationship with them is excellent due to which they don’t hesitate in paying back the amount to the trustee

      Understanding and mastering the law is not everyone’s cup of tea. It is therefore important that you consult bankruptcy attorneys for your case and are completely honest with them. Answer all questions related to any payments made to anyone and provide them with all necessary details. Since bankruptcy is stressful, you should be careful while answering the question. You might forget to mention about any payments made to friends or relatives as they are not your conventional creditors. Thus you might forget to count the payment thus made as preference. If you don’t alert your lawyer about these transactions, this could backfire. Trust your lawyer to bail you out of any situation. They can protect you from any possible situation if you tell them the truth.


        *Are you more than 60 days past due on your mortgage?

        *Do you own a home?

        Are you currently working?

        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • Possibility of Bankruptcy Relief – Marijuana Businesses?

        Possibility of Bankruptcy Relief – Marijuana Businesses?

        It is widely known that California has expanded its legitimacy to the California Marijuana business. Hence the question pops up whether the Marijuana or other licensed cannabis businesses will enjoy equal/ same rights under federal law as in the case of other California businesses. That’s is the not case and reading through the below will explain in detail the background of these businesses and how they are restricted from declaring bankruptcy in their businesses.

        Cannabis businesses and the California Law

        Since 1996, possession of a small amount of marijuana has been decriminalized. Also, medical marijuana has been legalized from the same year. By making recreational marijuana legal in California, the state has become the largest legal market in the country since last year. The Office of Administrative Law (OAL) in the state of California recently approves of certain regulations with regards to the Cannabis businesses. Even though these laws now make the operation clearer and are able to impart stability to the operating vendors, the cost of operating marijuana businesses has shot up significantly. Hence the California Cannabis businesses face several challenges economically and they include regulations related to packaging, high state and local taxes, supply chain issues and loss of the business due to illegal sellers in the market.

        Because of the aforementioned challenges, the marijuana market is struggling and running a business is turning tougher than expected. Irrespective of being part of the community that grows marijuana, or distribute or have any role to contribute to the Cannabis sector, it is tough to declare bankruptcy due to operating constraints and start afresh.

        Marijuana businesses and the Federal Law

        Possessing or selling marijuana is still a violation under the Federal Law, Controlled Substances Act 21, U.S.C. 801 and this is notwithstanding additional state licenses. So in the eyes of federal law, this is still a crime (if you are in accordance with your California state rules and are operating state-licensed marijuana business). The body of Federal court is yet to pursue these businesses that run with the support of state rules and are still violating their law.

        A memo released in the last year January by Jeff Sessions indicates that there could be a change in this too. But as of now, the marijuana businesses cannot seek bankruptcy relief since they violate the Controlled Substances Act (CSA) and this has been approved by the Office of the United States Trustee (the OUST). In addition, the OUST also takes the position that if anyone who is renting to a seller or a grower of marijuana is also violating the CSA. So take caution, if you are operating cannabis businesses under the state law or if you are renting to the dealers/ suppliers/ growers of marijuana – you cannot seek bankruptcy relief.

        Further to Cannabis related Bankruptcy Restrictions

        As per the Section 843(a)(7) of the CSA, “it is a federal crime to “manufacture” or “distribute” any “equipment, chemical, product or material which may be used to manufacture a controlled substance . . . knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance.” This was recently seen in the case of Way to Grow, Inc. who sought bankruptcy relief. The bankruptcy court in Colorado declined their petition even though, they were provisioning horticultural supplies to legalized marijuana businesses – this proved that the filers were also violating the CSA.

        The court dismissed the case of Way to Grow, Inc. quoting that the filers cannot also make any further changes to amend the violations to the CSA as that would have adverse effects on the income that they are generating. This was a unique situation since the filing business was neither a grower/ supplier of marijuana directly nor were they renting the premises where the marijuana businesses ran. They were just merely supplying the equipment, that will help similar customers also grow other crops.

        A different angle – where do the limits stop?

        Another queer angle is seen with the Garvin v. Cook Investments case, where the bankruptcy trustee is not favoring a bankruptcy filing of a landlord who has leased the property to a tenant in the marijuana industry. This is a topic of debate where the power of the OUST and the court is questioned with regards to extending the restrictions of bankruptcy relief to beyond the distributors and sellers in the cannabis industry.

        Working with bankruptcy attorneys from renowned firms such as Recovery Law Group will aid the process of seeking relief. They have the experience of dealing with clients of the varied portfolio in Los Angeles and Dallas.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • Paying off debts Vs Bankruptcy

          Paying off debts Vs Bankruptcy

          Most debtors see paying off debts as a moral duty compared to filing for bankruptcy. When you contact a financial expert, they do cover the aspects of spending within your income range along with simultaneously building a safety fund. Most citizens find themselves in circumstances where they keep paying off their debts and ignore putting aside a part of their money for retirement. This negligence ends up costing more, not only for the individual but also for society at large owing to the minimal or zero investment from the debtor towards the economy.

          Solution – Chapter 7 bankruptcy

          It would be a feel-good act for the debtor to pay off his debts but from a long term perspective, it is not an ideal solution. Filing for a Chapter 7 bankruptcy would be an ideal option for these debtors. If the debtor walks away from the decision of filing bankruptcy, he not only loses his current income in paying off the debts but also the savings that he could have accrued if the amount had been invested wisely in a high-yield savings fund.

          Chapter 7 bankruptcy is also good for the debtor as it assures a fresh financial start. Through this type of bankruptcy, the debtor is liable to keep his assets that fall under the state and federal exceptions. He also has the choice to apply for relevant exemptions to the bankruptcy estate. The debtor is saved from the nagging collection attempts when he files for Chapter 7 bankruptcy and in the ulterior end of the process, the dischargeable debts are cleared for the debtor

          Isn’t this convincing? If there are still unanswered questions regarding this bankruptcy procedure or if you are seeking clarity on what options are best suited for your condition, dial 888-297-6203 to talk to the financial experts at Recovery Law Group. The firm of bank attorneys have immense knowledge of the common debtor scenarios and will be able to share insights into Chapter 7 bankruptcy. They work with clients in the Los Angeles and Dallas regions.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • Payday Loans: Myths & Facts

            Payday Loans: Myths & Facts

            Payday loans or cash advance loans are small loans which are taken by a person against their wages and can be paid off at the time of their next paycheque. For people who have been facing financial issues for some time, payday loans are a common feature. Many of them who have been contemplating bankruptcy as a way of getting out of such problems had taken payday loans in their past.

            Getting a payday loan is not difficult. The borrower can ask for a payday loan from a lender in the form of a post-dated cheque by showing them proof of employment. The cheque is drawn for the amount that the borrower requires plus the interest amount. The lender will hold the post-dated cheque till the borrower’s next payday in lieu of the borrowed amount given to the individual. When the amount is due, the lender can deposit the cheque and get their amount back. In case the borrower requires more money for any other reason by the time payday comes, the lender can hold the cheque at additional charges. Despite sounding easy, borrowing money through payday loans can be very costly, with sometimes interest costing close to 400%!

            Lawyers of Los Angeles based law firm Recovery Law Group inform that consequences of taking out such a loan, but, being unable to pay it back can have bad consequences like:

            • Relentless calls by lenders for pursuing payment.
            • If the lenders have the authority, they can overdraw your checking account by automatic withdrawing of money.
            • You can be sued by the lender for the amount of loan plus attorney fees and court charges.
            • The debt can be transferred from the lender to a debt collector.
            • If and when they get a judgment against you, the lender can garnish your wages too!

            The only respite you have is that such lenders cannot put you in jail. This is so because they are aware that you lack the funds in your account when you have issued the post-dated cheque. Thus you cannot be held guilty of knowledgeably issuing a bad check.

            Payday loans are one of the last resort by individuals facing economic problems before eventually filing for bankruptcy. In case you have reached the point, where you have to rely on payday loans, you should get an evaluation by expert bankruptcy lawyers by calling at phone number – (888-297-6203).


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • Laws to Secure Your Credit Reports

              Laws to Secure Your Credit Reports

              According to Javelin Strategy & Research, One of the financial advisory firms in the U.S., more than $100 billion has been gathered in fraud using consumer’s identification between 2011 and 2016. By keeping the identity of others, the criminals open new credit accounts and use that account to purchase the products. Thus, The fraudulent activity has enabled the criminals to cheat U.S. consumers to this large extent. Right now, There are new federal laws that can help the Americans to safeguard their identity and prevent theft. The law which is termed as Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) has come into effect since September 2018. The key tools (that are also free) security freezes and fraud alerts are being enhanced for the benefit of U.S. Consumers.

              Read the details on how the consumers can make the best use of the tools governed by the federal law for their benefit:

              What’s a Security Freeze?

              The new federal law defines Security Freeze as the restriction to disclose consumer specific reports which are subject to a security freeze to any person requesting the same. These restrictions are imposed on consumer or credit reporting agencies who handle such reports. In this way, The identity of the consumer is safeguarded and prevents identity criminals from opening credit accounts under different people’s names. Through the same Companies who are ready to offer credit in the consumer’s name who will not be able to check the credit file as it is subjected to security freeze and will deny any new requests for the offering of the credit.

              Since September 2018, The EGRRCPA mandated the security freeze on consumer’s report and it is to be done free of cost. The security freeze, When demanded by the consumer charged by credit reporting agencies. The security freeze will continue until the consumer requests for its removal.

              Security Freeze – Exemptions

              A security freeze is mostly applicable in cases where the disclosing of the credit report is limited while extending credit to the consumer. So the law has some states where there will be some exemptions too. A credit report cannot restrict from getting shared in the below cases. –

              • If the consumer’s account is being reviewed or collected, Then the person or entity associated with this process can access the credit report
              • Any government company or court acting under an issued court order, warrant or a subpoena will need the credit report access. A private collection agency also can request for the same if acting under similar orders
              • Government agencies that are investigating fraudulent activities or working on unpaid or delinquent taxes based on court orders can request the credit reports
              • Credit reports can be asked by insurance companies if they are considering ensuring the consumer involved
              • All purposes, Apart from the issuing of credit, May warrant the need for a credit report to be made available. It could be for verifying or authenticating the consumer’s identity or for fraud related investigations

               

              The Cons of a Security Freeze

              Getting credit would eventually become a tougher and difficult process if there is a security freeze forced on your credit report. This risk is generally notified to all consumers who inquire the imposing of the freeze on their credit report. As an alternative, Free fraud alerts are another means of being aware and alert about the breaching of your identity or stealing of your information.

              Fraud Alerts

              Fraud alerts are a statement in the credit report of a consumer indicating that the consumer may be a victim of a fraud. That is to notify the receivers of the report that there had been a chance of identity theft and They can take additional steps to verify the identity of the consumer prior to increasing the credit. There are two types in these fraud alerts initial fraud alert and an extensive fraud alert. The latter type is free for seven years and can be availed if the consumer criticisms about identity theft with the credit report company.

              Initial fraud alerts are ones that have been enhanced by the new federal laws. Prior to the revisions, The companies had to provide free initial fraud alerts for 90 days if a consumer is suspicious about his identity being compromised or stolen. Now, Under the new law, This period has been extended to one year. Active duty alerts are another type that is exclusively for members of the military and on active duty.

              Utilizing the law

              The EGRRCPA insists on having websites or means for the consumers to seek security freeze or fraud alerts with their credit reporting agencies. Alternative means for the consumers will be to reach the agencies through email and phone. Seek the guidance with experts in this field such as Recovery Law Group, who can give the necessary inputs to utilize the federal government laws to your favor.


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • Is there any hope left for Student Debtors?

                Is there any hope left for Student Debtors?

                Contrary to other common debts, student debt is considered “next to impossible” to pay off debts. And if the student plans on paying off these kinds of debts, they will end up in “undue hardship”. A recent Court case has relieved the burden of many such students and has arisen a Ray of hope in them once again.

                In Sara Fern v. Fedloan Servicing, the bankruptcy court’s judgment was passed in favor of Sara Fern. The court stated that the student loan due on Sara worth $27,000 would indeed cause undue hardship in her case and hence the loan was waived off. This case is unique and needs special mention since the decision could have been reversed as well, where Sara could have been asked to enroll in a repayment plan where she could pay off her loan slowly with no monthly obligation.

                Despite, U.S Department of Education’s plea that she was not facing undue hardship as she was not paying the loan amount every month, the court passed the judgment in favor of Sara, as she had 3 children to take care of and no supporting hand. She was in fact barely able to make ends meet with her current job which paid her merely $1,506.78 per month. She supported all evidence which proved that despite searching for better opportunities and job alternatives, she was unable to find a better option which took care of her basic needs along with paying off her loan amount.

                The bankruptcy court took into consideration the cost of repayment plans, accrued interest along with the impact that the debt would create on Sara’s housing and Credit statement while passing its decision to discharge her loan. As much as this judgment is unique, the most astonishing fact about this decision is that the court believed that the debt would create emotional stress on Sara making it another reason for its judgment.

                Despite the unique decision taken by the bankruptcy court in case of Sara Fern, it paves the way for future litigation and approach on similar cases.

                If you are a victim of Student loan and are looking for an option to get relieved from them, Recovery law Group, an esteemed name in Dallas and Los Angeles, comes to your rescue. You can reach out to them with your problems at – 888-297-6203


                  *Are you more than 60 days past due on your mortgage?

                  *Do you own a home?

                  Are you currently working?

                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                • Instagram Photos land Rapper 50 Cent to Bankruptcy Court!

                  Instagram Photos land Rapper 50 Cent to Bankruptcy Court!

                  Rapper 50 Cent got a rude shock when he was called to court for his Instagram photos. Despite filing for bankruptcy under Chapter 11 in summer, he had been posting photographs on Instagram, posing with huge stacks of cash. This raised suspicion and he was ordered to appear in bankruptcy court to explain his actions since bankruptcy is a legal way out for people who have been unfortunate enough to suffer huge irreversible financial losses. Transparency while filing is one of the important points for an individual to get relief. However, with photographs like the one posted by the rapper, 50 Cent’s asset disclosure seemed anything but transparent!

                  Tantalizing photos of the rapper lounging on a bed surrounded by bundles of cash; refrigerator filled with money and stacks of $100 bills being used to spell “BROKE” apart from online reports of him buying a swanky new house in Africa were the reasons for him being called to explain his actions in bankruptcy court. Since a person who fails to disclose his assets while filing for bankruptcy can lose more than he intended, it is better, to be honest with your lawyer. In case you are looking for a bankruptcy lawyer in Los Angeles Contact Recovery Law Group at phone number – (888-297-6203).

                  In Rapper 50 Cent’s case, the lawyer clarified that the photos, which probably were from an earlier occasion and for promotional purposes (brand image), were used by people who were out to smear his reputation in order to cough out money. A disgruntled women who wanted to collect $7 million from the rapper due to a sex-tape dispute but was unable to, joined hands with a disgruntled partner of a failed headphone deal and 50 Cent’s mortgage lender. The purpose of their association was an attempt to get an independent financial expert to manage 50 Cent’s money till the time he could pay back $30 million to his creditors. Thanks to his expert lawyer, 50 Cent was able to dodge all these allegations. Needless to say, having a good lawyer and a transparent relationship with them can save you from being unceremoniously dragged to court.


                    *Are you more than 60 days past due on your mortgage?

                    *Do you own a home?

                    Are you currently working?

                    By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                  • How to Protect Yourself from Identity Theft?

                    How to Protect Yourself from Identity Theft?

                    Many people use the internet to transfer money through mobile or net banking and make payments online. But, Through identity theft, fraudulent people can siphon off financial information of people and use it for their financial gain. Your personal information can be used to get a new credit card and drain off your accounts. On the other hand, your bank details can be used to file a tax return in someone else’s name for getting a refund from the IRS.

                    There have been many cases of identity theft being reported all across the country. Possibly, It is second only to complaints about debt collectors! Nearly $110 billion had been lost by various consumers due to identity theft alone. This has become one of the selected ways for various criminals, owing to the demand of the internet. Stealing any person’s identity has been quite easy as one can easily get hold of personal details thanks to social media profiles, many online shopping accounts, and email IDs. Since staying away from the internet is not an option, Dallas based law firm Recovery Law Group will suggest that you should take care against identity theft. Though there are no many methods available to prevent identity theft, There are tips available which can be used to make stealing personal information slightly harder for criminals.

                    Here is what you can do to ensure you do not become a victim of identity theft-

                    1. Review bank and credit card statements on time

                    Any fraudulent charge on your credit card or bank account can be challenging but in a short time frame. That should always be kept in mind and for bank statements and credit card bills should be examined immediately so that any inapplicable activity can be alerted to the concerned bank or Credit Card Company on time.

                    1. Credit report should be regularly monitored

                    You should examine your credit report regularly for any fraudulent activities. You can ask any 3 major credit recording companies for a free copy of your credit record as per federal law. In case you find anything different, Close the concerned accounts and get your credit report corrected.

                    1. Use fraud alerts or security freezes

                    As per the new federal law, You can have a free security freezes and fraud alerts on your credit report. That will make it harder for any imposter to open an account in your name and help in protecting your credit.

                    1. Destroy sensitive information-carrying documents properly

                    Credit card reports, Bills, Bank statements, etc. are documents that contain personal data which can be used for identity theft. You must, therefore, Secure that before throwing such documents you either strip them or destroy them properly. Though this method is not preferred in most cases of online identity theft, Yet the risk is not worth taking.

                    1. Shop online from trustworthy retailers only

                    Many business organizations are thriving in the time of internet. However, Before you buy stuff across the Internet, Be sure that the business is legitimate and not a scam. Since most e-commerce websites use secure payment gateways, your bank and identity details are safe.

                    1. Create strong passwords for all online accounts and don’t use them again

                    Most sites request you to use a strong password with a sufficient mix of alphanumeric and special characters for your online accounts. Having multiple passwords for various online accounts can be irritating. Though it is difficult to remember, It is recommended than a weak password, which is simpler to crack. Using the same password for different accounts can be fatal in case of a data break at one site. Thus you should make it a point to use different and strong passwords for different online sites.

                    1. Opt for two-factor authentication if possible

                    Two-Factor authentication requires a secret code which is sent to you via text message or email, apart from the usual username and password. This helps whenever anyone uses a new system to login into your account, Opt to activate two-factor authentication whenever available on any website.

                    1. Avoid sharing every detail on social media

                    Most sites have security questions as a fall-back mechanism to recover your password. The answers to these questions are supposed to be secret so as to protect identity theft. However, If you post every small detail about your life on social media like Facebook etc. you are providing fraudsters, The key to your accounts.

                    1. Be alert while using public Wi-Fi

                    Most public places like coffee shops, malls, etc. provide you free Wi-Fi, But they are unsecured. Thus any activity that you make using them can easily be discovered from your username, password, and any financial information. It is a suggestion to you do not use public Wi-Fi for sites where you are required to make any financial transaction. In case you have to do so, opt to sign in using a VPN to protect any information.

                    Recovering from Identity Theft

                    Identity fraud can have serious ramifications for the victims. However, there are steps available to protect yourself from such instances. If, however, due to a stroke of bad luck, your identity has been stolen, there are a few steps which you can take:

                    • Report the fraud as soon as detected to the companies where it occurred.
                    • Report theft to FTC at IdentityTheft.gov.
                    • File report with local police
                    • Ensure that the said account is frozen or closed.
                    • Change the login IDs, password and PINs.
                    • Get credit reports and place a fraud alert or security freeze on them.

                    Many times, People usually neglect bank statements or credit card bills and credit reports as they warn people of their grim financial situation. However, Identity theft can worsen the situation. It is therefore important to keep an eye on your accounts to ensure that your hard-earned money is well protected.


                      *Are you more than 60 days past due on your mortgage?

                      *Do you own a home?

                      Are you currently working?

                      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                    • How to Plan an Affordable Wedding in Los Angeles?

                      How to Plan an Affordable Wedding in Los Angeles?

                      Weddings are a costly affair with numerous investment like Decor, Flower arrangements, Dinner parties, etc. However, There are possibilities where you can have an elegant affair which is affordable as well in Los Angeles. If you wish to decrease the cost of your wedding without settling on your dreams and any quality, Then There are a number of affordable options available. With Bohemian style catching up with people, They are no longer interested in using their hard-earned money feeding to friends and relatives in 5-star hotels or popular restaurants. Venues like community gardens or beachside are extremely popular and relatively less pricey.

                      Here is a list of different affordable innovative wedding venues in Los Angeles:

                      1. James Irvine Japanese Garden– Located in downtown LA, This garden is perfect for a wedding ceremony with lush greenery, stonework, footbridge, and an enchanting waterfall. With prices starting from $3,100 for the wedding ceremony and reception, you can have the best of both worlds.
                      1. California Yacht Club – The Marina Del Rey is a waterside hideaway which is astonishingly affordable compared to other yacht clubs. The catering price starts at $42 per person, Which reduces the food amount considerably.
                      1. Inn of Seventh Ray– The Topanga Canyon is an excellent outdoor venue which can play hostess to around 100 guests. The price is surprisingly inexpensive at $1,450. A photogenic gazebo is an attractive place for photo shoots. The gathering can proceed back home.
                      1. Centre for Arts in Eagle Rock– The Carnegie Library is now known by this name and is available at amazingly low rentals ($3,500 for 8 hours). You can also get to save on decoration as the 20th century spectacular architecture allows for a dazzling background for your wedding.
                      1. Orcutt Ranch– The West Hills spot is an excellent venue for a wedding with sprawling 24 acres of the rose garden and citrus orchard With a reasonably affordable price of $2,000 for 6 hours on the weekend is extremely attractive too.

                      Such different wedding venues make for not just an amazing backdrop for the function but are also extremely pocket-friendly. Being mindful about your budget is extremely valuable, Particularly if you have tight finances. There are various other ways to conserve money. Here is where you can save some extra while planning weddings in Los Angeles.

                      Save money on food

                      Catering is an important aspect of a wedding, One aspect which cannot be ignored. However, Catering bills in 5-star restaurants and reception halls can run into a huge amount. In case you do not want to compromise on the location, You need to reduce the guest list. You can alternately move the reception to your or a friend’s place where you can opt for a catering service to decrease the food bill. Alternately, You could also opt for your bridesmaids-groomsmen to crack in to share the food costs.

                      You can improve this plan to different parts of your wedding like Photography, Flowers or Party Favors. In any case, You must ensure that you shower more love and benevolence to every one of the individuals who will have stepped in to help make your wedding functions a success with unbelievable achievement.

                      Save money on Los Angeles honeymoon

                      The second most expensive thing about planning for a wedding is a foreign honeymoon destination. With beautiful beaches, wine tasting gateways and other destinations available in Los Angeles for you to choose from, You can easily save a bucket load of money and time. For adventure seekers, Big Bear Lake is a great option, while those looking for a posh and artsy trip, Santa Barbara are a perfect choice. A number of options from Groupon and similar sites which can further reduce the cost can be availed by you. Alternately, Friends and family members could attend a wedding and also contribute to a honeymoon fund for the newlyweds.

                      Weddings are a great time to enjoy. You need to keep your advantages straight, Spend where it is necessary and matters the greatest while cutting unnecessary costs wherever you can. Make your day memorable at any place you wish to get married, Whether your backyard or a church or yacht club. Saving money which can be used later on, to make your finances is a great beginning to a wonderful future. Los Angeles based law firm Recovery Law Group can suggest you join finances with your spouse which is a matter of consultation and debate. For any queries related to debts, You should consult experienced attorneys.


                        *Are you more than 60 days past due on your mortgage?

                        *Do you own a home?

                        Are you currently working?

                        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.