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  • Be Relieved of Back Rents in Bankruptcy

    Be Relieved of Back Rents in Bankruptcy

    A common scenario in the cases of individual bankruptcy filings is the surplus amount of back rents that the debtor has. It amounts to a large value that at times the debtor is on the verge of eviction by his landlord because of the past dues. Having arrears with your rent may seem a threat and the question about how easily these back rents can be discharged is a constant thought in the minds of the debtor. Do not worry! Rent arrears are also your unsecured debts, similar to your medical bills and credit card payments that can be due. Hence when filing for bankruptcy, you need to disclose the back rents just as you would do your other unsecured debts. The probability of getting these rent arrears discharged are high but there are some exceptions in that case too.

    Not paying the rent will bring about eviction actions against the debtor but when he files for bankruptcy individually, he can achieve a stay on his eviction by the landlord and also stop further collection of rents. The options that the debtor has can vary if you are filing a Chapter 7 or Chapter 13 bankruptcy. So talk to a bankruptcy attorney who can guide you at the right juncture before you land yourself into a situation of eviction.

    A consulting firm, such as Bankruptcy Relief Center, can co-work with the debtors to undertake the filing of bankruptcy in the situation of high rent arrears. Remember that it needs to be done before the court issues a write of eviction, else as a debtor, you may not be granted the automatic stay on the need to eviction. The court, in that case, will assume that the eviction process has been completed and hence will insist that the debtor vacate the apartment. So know the various options that are available for the debtors in both the bankruptcy chapters, Chapter 7 and Chapter 13.

    Chapter 7 bankruptcy options for rent arrears

    In the scenario of filing for Chapter 7 bankruptcy, the trustee usually takes control of the case at hand. They determine whether to reject the lease or assume the lease involved. In case that the trustee rejects the lease, then the landlord can proceed to evict the debtor. The trustee can also choose to assume the lease, in cases of which, the debtor gets a 30-day time period to settle his past rent dues from the date of filing bankruptcy. The payment of this past due has to be done at the court handling the eviction and then the debtor can proceed to make monthly payments henceforth. The automatic stay on the eviction will continue to remain in place till the bankruptcy is over.

    Chapter 13 bankruptcy options for rent arrears

    Chapter 13 bankruptcy is opted by the debtor when the income of the debtor surpasses the maximum allowable income (which is the threshold of Chapter 7 bankruptcy). Chapter 13 bankruptcy allows the debtor to reorganize his financial status using a repayment plan that spans from three to five years. Hence the rent arrears that is present in Chapter 13 bankruptcy is well within the debtor’s control. As a debtor, you are entitled to make the decision of assuming or rejecting a lease.

    If you decide to keep the apartment, then the rent dues become part of your repayment plan. Remember that the current rent also needs to be paid on time since you will continue to occupy the apartment. Do not miss any of the committed payments, else the landlord will be able to petition the case of missing payments and obtain relief from the automatic stay. It can then lead to eviction of the debtor from the current home.

    Now that the options are laid out clearly in front of you, choose the bankruptcy type as appropriate. A bank attorney in Los Angeles or Dallas can work with you from Bankruptcy Relief Center and guide you as needed.


      *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.

    • Find Out How Bankruptcy Help You Get Rid of a Personal Guarantee

      Find Out How Bankruptcy Help You Get Rid of a Personal Guarantee

      Ever for the reason that 2008 housing crisis, obtaining a private loan is more complicated than it was—basically because economic institutions have tightened their lending standards. to enhance the odds of getting a mortgage, you can ask a person to be a guarantor (an person or company that pays an responsibility if the borrower fails to achieve this). Or, if you’re making use of for a commercial enterprise mortgage, you may conform to assure the mortgage with your personal property. If the non-public assure comes due, and the guarantor doesn’t have the finances to pay it off, in a few cases the assure can be worn out (discharged) in financial disaster.

      What Happens When the Borrower Defaults on a Guaranteed Loan?

      If you default to your loan (typically by missing a payment), the lender has the proper to invite the guarantor to soak up the bills or to repay the mortgage. At that factor, the guarantor is issue to the same collection activities you will face underneath nation law: phone calls, letter needs, lawsuits, or even garnishment and assets seizures.

      Just due to the fact the bank turns to the guarantor doesn’t suggest that you may be off the hook, but. The lender can pursue you till the loan is paid in complete (or you discharge it in financial disaster). also, if the guarantor pays the debt, the guarantor also can seek repayment from you. however, filing for financial disaster will probably cut off the guarantor’s right to recover towards you, as nicely.

      Who Can Be a Guarantor?

      Pretty much any inclined character can agree to guarantee a mortgage was taken out through a person else. In fact, most of the time while the borrower is an individual and the money is for non-public or instructional purposes, the guarantor is a discern, any other relative, or an excellent friend.

      Additionally, creditors often require a person to for my part guarantee a loan taken out with the aid of an enterprise (frequently due to the frequency in which small groups fail). The guarantor will publish to a credit score check at the least as rigorous because the borrower’s, have enough earnings and assets to pay the loan lower back if that turns into essential.

      In a few institutional lending programs, like student loans and small business loans, banks and other monetary establishments make the loans, however the guarantor is the federal or country government. in case you default, the authorities enterprise pays off the bank and takes ownership of the mortgage. you will then need to cope with the authorities agency to rehabilitate the loan or to pay it off.

      In spite of a government guaranty, the lender can still request which you deliver someone to offer additional surety. while the borrower is a small business, the lender will mechanically expect the owners or principals of the business to individually assure the commercial enterprise mortgage. Doing so offers the bank and the institutional guarantor added safety in the event the company falters. In reality, when the mortgage is guaranteed via the Small business management, anybody with a possession hobby of 20% or more ought to in my opinion assure the loan. In a few cases, the lender may ask spouses of guarantors to signal also to ensure that the parties maximum affected are privy to their responsibilities and of the outcomes they could face.

      Effect of a Guaranty on a Loan

      Obtaining a guarantor can save borrower money because banks occasionally will lessen the hobby rate on assured loans if it lowers the bank’s hazard of loss. It’s no longer continually the case, though. lenders regularly ask for guarantors when the original borrower has credit issues, which may additionally mitigate in prefer of a higher hobby rate. a few monetary institutions will let you borrow greater if you have a guarantor. For mortgages, the lender might allow you to finance ninety% of the cost of the house or make a smaller down fee.

      Considerations for the Guarantor

      If you’re thinking about whether or not to guarantee a mortgage, you would possibly need to reply to those questions before you sign on the dotted line:

      •  Is Will agreeing to be a guarantor affect my credit rating?
      • If the financial institution forecloses at the borrower’s belongings, will it appear on my credit document?
      • Why is the financial institution requiring a guarantor?
      • Do I have the sources to pay the entire mortgage again, if essential?
      • If the borrower is a great friend or relative, am I organized to go through the friction that could result if the borrower can’t make bills?

      Can a Guarantor Wipe Out a Guarantee in Bankruptcy?

      In many cases, yes (however no longer all—as an instance, a assure for an educational mortgage received go away until you could show undue hassle). In fact, it’s a common reason that humans report for bankruptcy.

      As an example, assume which you took out a business loan to pursue your lifelong dream of opening a cupcake bakery. due to the fact, your commercial enterprise became new, the financial institution requested you to execute a personal guarantee. by means of signing the assure, you agreed to apply your non-public belongings to pay off the loan if the enterprise becomes unable to accomplish that. If the cupcake commercial enterprise dried up and the bakery closed, you’d probably be able to wipe out the assure in chapter 7 or Chapter 13 financial disasters.


        *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.

      • Means Test of Bankruptcy

        Means Test of Bankruptcy

        Before you want to file for bankruptcy, you may be required to take the means test. The means test can help you conclude the type of bankruptcy that you are eligible for – so in case that you pass this test, you can file for a Chapter 7 bankruptcy and if you do not clear this, you are still eligible to file Chapter 13 bankruptcy. The means test has to be calculated precisely so as to know which chapter to file the bankruptcy case against.

        Typically, there are two types of personal bankruptcies.

        1. Chapter 7– In this chapter of bankruptcy, most of the debtor’s assets are liquidated by a bankruptcy trustee so as to pay your debts. The remaining of the debts are mostly discharged. This type of bankruptcy is typically completed in several months
        2. Chapter 13– This type of bankruptcy filing lets you repay your creditor over several months and lets you keep most of the assets with you.

        Are you getting confused? Is the scenario of seeking the ‘best attorney near me’ a continuous search in your web browser? Then reach out to Recovery Law Group, the acclaimed law firm who assure the best attorney Los Angeles and Dallas regions.

        Before seeking help from our affirmed lawyers, you could have a valid question in mind. Should everyone take up the complete means test analysis? It is not mandatory to take up the means test analysis for Chapter 7 if you satisfy any of the below-mentioned conditions

        • You are a veteran, currently disabled and the debts that you currently owe have been accrued while you have been actively serving on defence duty
        • Your debts are entirely business debts
        • Your average household income is well below the median income of your state – California, Nevada or Texas

        Of the above three reasons for exemption from the means test, most of them find themselves complying with the low household income according to the standards set down in their living state.

        Understanding the Median Income based exemption

        Calculating the average household income is very simple. It is arrived by summing up all of the income that includes wages, rental income, unemployment benefits, business income and all retirement/ pension benefits. This summing is done for the past 6 months and the final value is divided by six to get the average income. For comparing this average income to the state’s median income, multiply the average income by 12. Depending on the state that you live income, compare the arrived value with the below figures

        MEDIAN FAMILY INCOME BY FAMILY SIZE

          Family Size                    California                       Nevada                         Texas

        1-person families           $49,983                         $43,685                         $42,908

        2-person families           $64,779                         $56,367                         $58,666

        3-person families           $68,917                         $59,346                         $61,502

        4-person families           $79,418                         $69,672                         $71,973

        For every additional person, you may add $8100 to the median income threshold. The figures shown here are liable to change and hence a bankruptcy attorney, Los Angeles or Dallas areas can provide the updated numbers. So if your household monthly income is lesser than the digits shared above for your household size, then you are exempted from the means test calculation – you can directly file for Chapter 7 bankruptcy.

        Means Test Application Procedure

        Let’s consider the case when the household income is greater compared to the state median income – then you need to complete the full means test calculation. The procedure involves deducting the allowed expenses from the average household income. These allowed expenses are not directly what you personally spend but needs to be adhering to the standards set by the Census Bureau and the IRS (the national and local standards).

        The remaining amount after the expenses are deducted becomes your disposable income and if your total disposable income value for the upcoming 60 months is less than $7700, then you meet the expectations of the means test for Chapter 7. If the disposable income value of the next 60 months is greater than the allowed expenses, then there are series of other calculations to determine your eligibility for bankruptcy.

        The right support

        Getting the apt skilled attorney to substantiate the Chapter 7 bankruptcy filing isn’t a cumbersome ordeal any more. Recovery Law Group possess the experts in this space and help with debtors on all of their queries related to means test for Chapter 7 bankruptcy filing.


          *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.

        • More About Emergency Bankruptcy Filing

          More About Emergency Bankruptcy Filing

          The process of filing for bankruptcy usually involves the filling of various forms along with your bankruptcy petition – these forms are mandated by the court. Along with the forms, the debtor needs to gather all supporting information or documentation. This can take up a lot of his time. In cases, where the debtor is really stuck with a crisis situation like the foreclosure of a home or a wage garnishment, then he can file an emergency bankruptcy by filling a few of the needed forms to get the process started.

          Why an emergency bankruptcy?

          As soon as you file for bankruptcy, the automatic stay on collecting the dues from the debtor kicks in. Let’s say you have a car loan or a home loan that you haven’t been paying your dues against. The filing of a bankruptcy will stop the car loan financer or the mortgage company from repossessing your vehicle or the foreclosure of your home in this case, at least temporarily. However, there are limits and some exceptions to this automatic stay. Hence reach out to acclaimed bank attorneys for knowing the process of filing an emergency bankruptcy. Recovery Law Group is supportive for handling the minimalistic expectations or filling out of forms in cases of emergency bankruptcy and can initiate the automatic stay for the debtor. In this way, they can help you protect your property and you can take a little more time to complete the rest of the forms needed in this bankruptcy filing.

          Things to note ahead of emergency filing for Chapter 7

          Please make a note of the below conditions prior to filing for emergency bankruptcy

          • The bankruptcy law requires the debtor to take a credit counselling class that has been approved by the court. The only exemption to not take up this course or class is if the debtor is physically impaired or disabled. Another exemption is for debtors who are in active combat zones. The class is also available as online or telephone courses. After the completion of the class (which also mandates the passing of a quiz), the certificate of credit counselling is issued. Please note that the certificate’s date is at least a day ahead of the filing.
          • If you are seeking the relief from Chapter 7 bankruptcy, ensure that you take up the means test. Check out the guidelines and validate your eligibility with the bank attorney.

          Emergency filing under Chapter 7 – Forms

          In order to avail the benefit of the automatic stay, the bare minimum of documents that need to be filled and submitted are mentioned below:

          Voluntary Petition: This is a document of three pages that contain personal information and the summary of your case viz. the a number of creditors and the approximate amount of debt.

          Creditor Matrix: The information about the creditors or any other third party who need to be notified of your bankruptcy is chartered in the Creditor Matrix. The local bankruptcy court of your state may stipulate the parties who need to be notified and the required format

          Exhibit D: The debtor needs to mention that he understands the credit counselling requirement of the court in this case. He supports the Exhibit D form along with the certificate of the credit counselling or mentions the reason for an exemption to the court (if the course hasn’t been completed)

          Along with the aforementioned forms and a filing fee, you may file for emergency bankruptcy. The bank attorneys may insist of add-on forms to the above if they are mandated by the state that you are living in.

          Completion of the rest of the forms – Chapter 7

          The remaining of the bankruptcy filing forms can be completed within 14 days from the date of filing the emergency bankruptcy. The guidance of an experienced bankruptcy attorney Los Angeles for the state of California or even from the team that operates in other states will be crucial to fill out the rest of the forms. They are sometimes 60 pages long and the details that are expected to be furnished in there needs to be accurate and honest. Additional time can be sought from the bankruptcy court if it is needed. If the court approves it, a newer deadline for completion of forms is given to the debtor. Missing deadlines even after getting an approved extension will eventually lead to the dismissal of the case.

          Understanding the Chapter 13 emergency filing

          Now let’s quickly check if the process is any different in Chapter 13 as compared to Chapter 7 emergency filing.

          • The credit counselling requirement stays intact here too. The only difference is that you need to ensure that your income is regular to pay off the debts as per the repayment plan that you will propose in Chapter 13 bankruptcy
          • The same forms are applicable for Chapter 13 bankruptcy too and the good news is that the filing fee is lesser compared to Chapter 7
          • Just as in the case of Chapter 7, you will be granted 14 days to finish the rest of the forms. In addition, the proposed repayment plan for Chapter 13 also needs to be completed in this 14-day tenure.
          • The first payment as per the repayment plan needs to be made with in the 30 days of the emergency filing. Even if you have taken extensions to the deadline for the completion of the form, the date of initial filing is considered for calculating your first payment due. Note that your case can get dismissed, if the first payment is not received on time, by the trustee.

          Hence understand the need of the situation and if you need an emergency filing, do so with an attorney who has ample experience doing this. He can work with you on the repayment plans, filling of the remaining forms and pursuing extensions on the deadline if you need additional time. Remember that your asset can be secured through the automatic stay and it will be important to be making the right decision with the right team of bank 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.

          • Emergency Bankruptcy Filing

            Emergency Bankruptcy Filing

            The process of filing for bankruptcy usually involves the filling of various forms along with your bankruptcy petition – these forms are mandated by the court. Along with the forms, the debtor needs to gather all supporting information or documentation. This can take up a lot of his time. In cases, where the debtor is really stuck with a crisis situation like the foreclosure of a home or a wage garnishment, then he can file an emergency bankruptcy by filling a few of the needed forms to get the process started.

            Why an emergency bankruptcy?

            As soon as you file for bankruptcy, the automatic stay on collecting the dues from the debtor kicks in. Let’s say you have a car loan or a home loan that you haven’t been paying your dues against. The filing of a bankruptcy will stop the car loan financer or the mortgage company from repossessing your vehicle or the foreclosure of your home in this case, at least temporarily. However, there are limits and some exceptions to this automatic stay. Hence reach out to acclaimed bank attorneys for knowing the process of filing an emergency bankruptcy. Recovery Law Group is supportive for handling the minimalistic expectations or filling out of forms in cases of emergency bankruptcy and can initiate the automatic stay for the debtor. In this way, they can help you protect your property and you can take a little more time to complete the rest of the forms needed in this bankruptcy filing.

            Things to note ahead of emergency filing for Chapter 7

            Please make a note of the below conditions prior to filing for emergency bankruptcy

            • The bankruptcy law requires the debtor to take a credit counselling class that has been approved by the court. The only exemption to not take up this course or class is if the debtor is physically impaired or disabled. Another exemption is for debtors who are in active combat zones. The class is also available as online or telephone courses. After the completion of the class (which also mandates the passing of a quiz), the certificate of credit counselling is issued. Please note that the certificate’s date is at least a day ahead of the filing.
            • If you are seeking the relief from Chapter 7 bankruptcy, ensure that you take up the means test. Check out the guidelines and validate your eligibility with the bank attorney.

            Emergency filing under Chapter 7 – Forms

            In order to avail the benefit of the automatic stay, the bare minimum of documents that need to be filled and submitted are mentioned below:

            Voluntary Petition: This is a document of three pages that contain personal information and the summary of your case viz. the a number of creditors and the approximate amount of debt.

            Creditor Matrix: The information about the creditors or any other third party who need to be notified of your bankruptcy is chartered in the Creditor Matrix. The local bankruptcy court of your state may stipulate the parties who need to be notified and the required format

            Exhibit D: The debtor needs to mention that he understands the credit counselling requirement of the court in this case. He supports the Exhibit D form along with the certificate of the credit counselling or mentions the reason for an exemption to the court (if the course hasn’t been completed)

            Along with the aforementioned forms and a filing fee, you may file for emergency bankruptcy. The bank attorneys may insist of add-on forms to the above if they are mandated by the state that you are living in.

            Completion of the rest of the forms – Chapter 7

            The remaining of the bankruptcy filing forms can be completed within 14 days from the date of filing the emergency bankruptcy. The guidance of an experienced bank attorney, Los Angeles for the state of California or even from the team that operates in other states will be crucial to fill out the rest of the forms. They are sometimes 60 pages long and the details that are expected to be furnished in there needs to be accurate and honest. Additional time can be sought from the bankruptcy court if it is needed. If the court approves it, a newer deadline for completion of forms is given to the debtor. Missing deadlines even after getting an approved extension will eventually lead to the dismissal of the case.

            Understanding the Chapter 13 emergency filing

            Now let’s quickly check if the process is any different in Chapter 13 as compared to Chapter 7 emergency filing.

            • The credit counselling requirement stays intact here too. The only difference is that you need to ensure that your income is regular to pay off the debts as per the repayment plan that you will propose in Chapter 13 bankruptcy
            • The same forms are applicable for Chapter 13 bankruptcy too and the good news is that the filing fee is lesser compared to Chapter 7
            • Just as in the case of Chapter 7, you will be granted 14 days to finish the rest of the forms. In addition, the proposed repayment plan for Chapter 13 also needs to be completed in this 14-day tenure.
            • The first payment as per the repayment plan needs to be made with in the 30 days of the emergency filing. Even if you have taken extensions to the deadline for the completion of the form, the date of initial filing is considered for calculating your first payment due. Note that your case can get dismissed, if the first payment is not received on time, by the trustee.

            Hence understand the need of the situation and if you need an emergency filing, do so with an attorney who has ample experience doing this. He can work with you on the repayment plans, filling of the remaining forms and pursuing extensions on the deadline if you need additional time. Remember that your asset can be secured through the automatic stay and it will be important to be making the right decision with the right team of bank 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.

            • Bankruptcy Process – California, Nevada, and Texas

              Bankruptcy Process – California, Nevada, and Texas

              The knowledge about the execution of the bankruptcy process will be important for a debtor. From the first day of consulting with a renowned bank attorney, Los Angeles (if the debtor lives in LA regions of the California state), the bankruptcy case starts through the meticulous step-wise process. Working with Recovery Law Group will make the journey of a debtor easy and transparent – they practice in the states of California, Nevada, and Texas.

              The first step in the bankruptcy process is the stopping of any harassment by the debt collectors and in extreme conditions, a lawsuit on behalf of the debtor is filed by the bank attorney. This lawsuit is to report a violation of the debtor’s rights in accordance with the Fair Debt Collection Practices Act (FDCPA). (more…)

            • Are Debt Collectors Still Harassing You? Here’s What You Can Do

              Are Debt Collectors Still Harassing You? Here’s What You Can Do

              If you are facing economic problems due to which you are unable to make payments on your dues and are being harassed by collection agents, then you are in for luck. As per lawyers of Los Angeles based law firm Recovery Law Group, under certain circumstances, such collectors can be held liable for harassing people and may have to pay the consumer for calling them up on cell phone. According to Bankruptcy Attorney Los Angeles, there are strict laws in place which prohibit the use of automated dialling machines by debt collectors. However, it is important that you recognize the signs of automated dialling before approaching a bankruptcy lawyer near me with the case. Chances are that the collection agency is using an auto-dialler if you have observed:

              • Few moments of silence when you pick the call,
              • Pre-recorded messages play when you pick the call.

              Despite this being a punishable offense, debt collectors get around the rule because many times the creditor inadvertently provides them with the permission to call their cell phone. In case you have provided your cell phone number as the contact number in the original contract, then nobody else can be held liable. This piece of information gives the collectors permission and thereby protects them or the debt buyer from any fine.

              In case, you did not provide your cell number to the debt collector or the creditor in the documents and they obtained it from any other source, then, they can be held liable for the violation of the Telephone Consumer Protection Act (TCPA) every the time they call your cell phone using the auto-dialler. The TCPA violations can result in a $500 fine per violation and even $1500 per call, if the violation is wilfully done.

              Options available to customers who are being harassed by auto-dialled phone calls

              In case the customer had provided their cell phone to the debt collector, but not the original creditor; but now no longer wish to receive any more collection calls on their cell phone can have a way out. They need to send a letter through certified mail to the debt collector, specifically stating “I revoke any permission that I may have ever given you or anyone else to call me on my cell phone about this account. My cell phone number is _____. Never contact call me at this number again.”

              If you want to take legal action against debt collectors for automated calls, you need to prove that these records are a violation of the TCPA. The violation of TCPA occurs as soon as your phone is dialled by the caller. It is therefore important that you maintain a record of any call received, including hang-ups. You can consult a bankruptcy lawyer to help you attain phone logs for tracking TCPA violations.

              Apart from calls, any messages received by the consumer regarding debt collection are also punishable violations under the Fair Debt Collection Practices Act (FDCPA) apart from State consumer laws. If you want the debt collectors answered for the harassment you suffer due to their incessant calls and messages, ensure that you document every call and message received.


                *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.

              • Alternatives to Bankruptcy Filing

                Alternatives to Bankruptcy Filing

                Many see bankruptcy as the only solution to handle their crisis of debts. But an experienced bank attorney, Los Angeles (for those living in California) or an acclaimed law firm such as Recovery Law Group, who also operate in states of Nevada and Texas, will be able to easily access your condition and provide options to the debts problems of the consumers. Remember that paying off your debts in a regular way is the best way to clear off the dues. (more…)

              • Worried About Your Debt Problems? Trust Bankruptcy Lawyers to Resolve These Issues for You

                Worried About Your Debt Problems? Trust Bankruptcy Lawyers to Resolve These Issues for You

                Many people who are trying to make their ends meet while simultaneously struggling to pay their dues are often worried about how they are going to pass this phase. Since credit ratings are of huge importance, non-payment of dues will result in bad credit ratings which will make things worse. In case you are facing wage garnishments, worried about foreclosure, repossession of your vehicle, etc., then it is time to look for bankruptcy lawyers near me. One of the best Bankruptcy Attorney Los Angeles firm, Recovery Law Group is committed to helping out families and individuals who are going through a bad financial phase and therefore struggling with debt. (more…)

              • Thinking of Filing for Bankruptcy? Here are the Things You Should Avoid Doing

                Thinking of Filing for Bankruptcy? Here are the Things You Should Avoid Doing

                In case you are having trouble in managing your finances and the debts keep on surmounting, bankruptcy is legal recourse available to take care of the situation. However, there are certain things to be kept in mind if you are considering filing for bankruptcy. It is important to consult a bankruptcy lawyer such as those of Los Angeles based law firm Recovery Law Group to help you prepare for your case as well as the outcome. It is important that you are aware of the changes your life will take after the bankruptcy case gets over. Bankruptcy lawyers also help to provide information regarding the process and ensure that your rights are protected during the entire bankruptcy proceedings.
                A major task of bankruptcy lawyers is to ensure that their clients do not commit some mistakes prior to bankruptcy filing which can have a disastrous effect on their case. Here are some things which people thinking of filing for bankruptcy should avoid at any costs:

                Not hiring a lawyer – People can file for bankruptcy without a lawyer too. Many times they think that hiring a lawyer will be an additional expense. However, laymen are unaware of the intricacies of the bankruptcy proceedings and can cause more harm to their future without a lawyer than with them. Going solo can be the biggest mistake you could make in a bankruptcy case.

                Neglecting to file for tax returns – Your tax returns are essential and form an integral part of your bankruptcy petition. All income tax claims are satisfied thanks to the timely tax returns filed. In case tax returns are not filed and up-to-date, this could have a detrimental effect on your case and it may even come to a standstill.

                Providing incorrect information – You are required to submit your financial data to bankruptcy trustee or lawyer when you file for bankruptcy. This data is reviewed by the court and in case the information is incomplete, inaccurate or false, there could be criminal proceedings against you, your case might get dismissed and your debts not discharged, thus ruining your chance of getting over financial instability through bankruptcy.

                Moving assets or changing titles – There is a certain time period before filing for bankruptcy which specifically comes under scrutiny in case you have moved your assets elsewhere or changed the title of ownership of any property. This is taken as an attempt to hide assets which may cause your case to be dismissed. In case you have done anything of this sort, you should wait for some time frame before filing for bankruptcy.

                Running up debts – If you get on a spending spree within 90 days of filing for bankruptcy, the debts may not be discharged. This kind of activity is considered fraudulent and if proved so by creditors, you will be found liable to clear all those debts which had been made in the hope of getting discharged.

                Prioritizing creditors – Some payment made by you can be undone in some cases of a bankruptcy filing if the court finds the circumstances dubious.

                Hiding assets – Many times people either hide assets or fail to disclose any asset that they can expect (will, settlement, trust or lawsuit, etc.) It is important to trust bankruptcy lawyers to protect such assets legally.

                In case you are considering to file for bankruptcy to get over your financial problems, ensure that you consult lawyers who specialize in handling bankruptcy cases. They can advise you on the options available to you for debt relief including which chapter you should file under for maximum benefits.


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