Failure to Disclose Claim in Bankruptcy Petition

Lewis v. Portfolio Recovery Associates, LLC 

The Debtor filed a Chapter 7 Bankruptcy in NJ.  The Debtor did not disclose his FDCPA action and received a discharge.

The debtor  then filed a lawsuit alleging the defendant sent him a letter in an attempt to collect a debt that contained a “mini-Miranda” warning in a box entitled “Account Details.” According to the debtor, by mislabeling his legal rights as “Account Details,” the defendant’s correspondence was misleading and designed to confuse the debtor as to the nature of the debt and his rights.

Portfolio Recovery Associates argued that the debtor lacked standing to sue because he failed to schedule the lawsuit as a personal asset. 

 Section 541(a)(1) of title 11 of the U.S. Code provides that a bankruptcy estate comprises “all legal or equitable interests of the debtor in property as of the commencement of the case.” In re Allen, 768 F.3d 274, 281 (3d Cir. 2014). The scope of Section 541(a)(1) is broad, and includes possible legal causes action. Id. It imposes upon a debtor an ongoing affirmative obligation to disclose all assets and liabilities to the bankruptcy court before discharge, including pending and contingent claims. A failure to list an asset as property of the bankruptcy estate does not prevent it from becoming property of the estate.

With regards to undisclosed claims see  Schafer v. Decision One Mortg. Corp., 2009 U.S. Dist. LEXIS 56639, *12 (E.D. Pa. July 1, 2009). In order for a debtor to obtain standing, the trustee must abandon the unscheduled claim, whether voluntarily or pursuant to a court order. 11 U.S.C. § 554(a)-(b).

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Survival Skills You Learn When You’re in Debt

Guest Blog- by Oak View Law Group, Author Ian Caldwell

Being in debt is not always bad. Are you astonished? You shouldn’t. Every experience teaches you some valuable things in life, and “being in debt” is not an exception. Though it is not advisable to invite “debt” in your life. However, experiencing debt problems teaches you some valuable aspects of ‘money’ and ‘money management’ which perhaps is difficult to learn. One thing is sure. Being in debt once will perhaps help you on how to ?avoid debt problems for the rest of your life.

A person, who has successfully got out debt, knows the following:

One cannot run away from the problems – One of my friends once told me that she used to avoid the problems and she was scared to face it. What happened was she increased her debt load. This taught her a lesson that instead of avoiding the debt problems, she needs to face it head on. So, if you’re in debt, address the issues and find a way to solve the problem. You may find credit card consolidation to be one effective way of overcoming your debt-related troubles. In addition to this, there are so many professionals out there that are experts at helping people in your situation. Whether your debt is small or you are in personal bankruptcy, have a look around for a company like Bankruptcy Alberta who can be there to help.

 

To plan a suitable budget –Budgeting is the most basic aspect of financial management and no one knows this better than a person who has experienced major debt problems. To be debt free, you have to plan a suitable budget, which can help you save a decent amount as per your situation. Planning a “suitable budget” might be a bit difficult for you initially, but with time, you’d be able to master the art. With initial hiccups, gradually, you’ll come to know what works for you the best.

To set savings goals –Can you be successful in life without a goal? Definitely ‘No’. Similarly, you need to have savings goals to achieve your financial goal – be it becoming debt free or building a solid financial future. The goal which you set should be achievable so that it motivates you to achieve it within the period you’ve thought. Set a definite amount. For example, you want to repay $1000 within 2 months or want to save $12,000 in a year, etc.

To make savings automatic –If you opt for automatic savings, then you won’t have to worry about saving a required amount every month. You will first save and then spend the remaining amount. Though it might become a bit difficult initially since you’ll have less amount to spend along with managing your required bill payments.

Not to hesitate to start small –Are you thinking that your salary is too less to start saving a decent amount every month? If you have experienced debt problems, you know that you need to save and meet your daily necessities irrespective of your paycheck amount. If you think wisely, you’ll find that saving a small amount is not so difficult. For example, you can start by saving at least $25-$50 every month. This way you can save at least $100 a month, which you can use to reduce your debt load or increase your savings. Just think – saving $100 a month is actually saving $1200 annually. By doing so, the habit of saving will be reinforced and you’ll be motivated to save more.

To look for an extra earning opportunity –An extra income every month is always a bliss. So, don’t worry about how much you’re earning from a part-time job. A person struggling to overcome debt problems can use this amount to get out of debt. A person in debt knows the significance of an extra earning opportunity. To earn extra, you can look for summer jobs or event-oriented jobs. Some retailers employ extra people during Labor Day and Thanksgiving Day sales since they have to cater to a comparatively large number of customers. You can look for these jobs to earn some extra dollars.

Live with debt for some time –A person who has solved his/her debt problems knows that he/she will have to accept the situation of being in debt and have to live life with it for some time. This doesn’t mean that he/she has to focus only on paying off debt. Definitely, getting out of debt will be one major aspect but he/she has to pay attention to other day-to-day things, too.

So, if you’re struggling to overcome your debt problems or want to avoid falling in debt, practice these strategies and you can be assured that you’re on the right track of managing your finances effectively. You can also look at contacting businesses such as CreditAssociates to help you manage your debt in the best way possible for you.

Related Articles

Unpaid Debt and the Statute of Limitations

Debt Collection Calls

Debt Collector’s Calling?

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

What Does Chapter 13 Do?

  • Stop Foreclosures
  • Cure Mortgage Loan Delinquency
  • Reduce Principal Debt On Car Loans
  • Wipe Out Second Mortgages
  • Stop IRS Collections

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

UnPaid Debt and Statute of Limitations

There are two statutes of limitation (SOL) clocks involved in protecting consumers who have defaulted.

The first clock controls debt collection and the second clock controls credit reporting. The clocks are completely separate and do not influence one another whatsoever.

The First Statute of Limitations is how long the creditor can file a lawsuit for the unpaid debt . Consumers can accidentally restart the SOL clock on previously time-barred collections. For example a consumer living in FL decided to make a payment on the debt (rather than paying or settling the debt in full) this restarts the the SOL clock for debt collection allowing the creditor another five years to sue.

Certain types of debt, such as federal student loans and tax liens, will never become time-barred. There is no SOL clock and no expiration date for the collection of these obligations. Consumers with defaulted federal student loans can have their wages garnished, their tax refunds seized, and even their estates can be responsible for satisfying the unpaid debt in the event of their death. Some people may attempt to hide from this debt by moving home and changing their name records, but many firms specialize in skip trace services that debt collectors can use to relocate the absentee debtor. These checks can use anything from utility bills to job applications to help them track down an absentee debtor, and are usually very thorough and successful. It can be horrible to find yourselves in debt and not knowing what to do about it. That’s why it is important for you to know that you can find debt relief options here to help you have a clearer understanding of what you can do to control the debts that need to be paid. In an even worse case scenario, you can find yourself with multiple debts that need to be repaid, this is where an Unsecured debt consolidation loan comes into place. This way, you can have help paying off the multiple debts you acquire whilst also slowly paying off your loan in instalments. Be sure to search for the right debt relief option for you, depending on your current situation.

The second statute of Limitations is how long your credit report is affected. The credit reporting SOL clock is governed by the Fair Credit Reporting Act. The FCRA dictates when an item must be purged from a consumer’s credit report based on the type of account or financial obligation.

# of Years an Item Is Allowed to Remain on a Consumer’s Credit Report: Type of Item:
Indefinitely
  • Unpaid Tax Liens
  • Unpaid Federal Student Loans
10 Years
  • Chapter 7 Bankruptcies (10 Years from Date Filed)
  • Chapter 13 Bankruptcies (7 Years from Discharge Date, 10 Years Max)
7 Years
  • Charge-Offs
  • Judgments
  • Collections
  • Foreclosures
  • Repossessions
  • Released Tax Liens
  • Late Payments
# of Years Before a Debt Becomes Time-Barred: State:
15 KY and OH
10 IL, IN, IA, LA, MO, WV, WY
8 MT
6 AL, AK, AZ, AR, CO, CT, GA, HI, KS, ME, MA, MI, MN, NV, NJ, NM, NY, ND, OR, SD, TN, UT, VT, WA, WI
5 * FL, ID, NE, OK, RI, VA* Deficiency on Mortgage in FL is 1 year after Final Judgment of Foreclosure
4 CA, PA, TX
3 DE, MD, MS, NC, NH, SC, Washington D.C

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Qualifying For A Chapter 7

  • Your Income Barely Covers Your Bills
  • You Can Pass The Bankruptcy “Means Test” Or You Have Exceptional Circumstances
  • You Don’t Have Enough Assets To Pay Off Your Debts
  • Your Debts are Non-Consumer
  • You are a Business Liquidating

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

How Can Chapter 7 Help You?

Chapter 7 Can Wipe Out:

  • Credit Card Debts
  • Hospital Bills
  • Most Lawsuit Judgments
  • Wage Garnishments
  • Payday Loans
  • Utility Bills
  • Foreclosure Deficiency Balances
  • Vehicle Repossession Deficiency Balance

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: calh@gate.net

In Debt? Need A Way Out?

Can Bankruptcy Wipe Out Your Debts? Are you having trouble making ends meet?

Do you feel like this:

Behind on bills and can’t afford to catch up?

Can’t afford more than the minimum payment on your cards?

Harrassed by bill collectors?

Being sued for unpaid debts?

Car reposed?

Wages being garnished for unpaid debts?

Stressed out to the max?

Don’t know how you are ever going to get out from under all this debt? You could see available services here.

Get the help you need, and stop feeling this way! It’s not hopeless! We can wipe out your debts by filing a Chapter 7 or reduce them by filing a Chapter 13 Bankruptcy. Millions of Americans file bankruptcy each year, you are not alone. Call me for a Free Consultation today, (727) 410-2705.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Where to Find us on the Web

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Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Filing For Bankruptcy Can Stop Wage Garnishment

Mounting Debts can result in Wage Garnishment. What is Wage Garnishment and how does it happen you ask.   The steps to wage garnishment are as follows:

The Creditor seeks legal help to collect your debt.  The Creditor obtains a Judgment against you. The Creditor does discovery for your employer and bank accounts. The Creditor obtains a Court order that requires the debtor’s employer to withhold part of the wages and pay it to the creditor. The Creditor can obtain 25% of Debtor’s disposable income.

Filing for Bankruptcy can stop 0 this kind of wage garnishment. Filing for Chapter 7 or Chapter 13 invokes an automatic stay that stops all collection activities by creditors, including wage garnishments. Resumption of any collection activities requires permission from the bankruptcy court.  After your Chapter 7 discharge, the creditor can no longer collect the debt, or garnish your wages. In a Chapter 13 Bankruptcy,  the automatic stay will last the full 3-5 years till your discharge is entered.   A portion of the debt will be paid along with other unsecured creditors, the balance will be discharged.

Contact our office today at (727)410-2705 to schedule your free consultation.  Regardless of the laws that are applicable to all, each situation is unique.  We will offer you the best advice on the specific course of action to take depending on your unique situation.  We will then guide you through the process.

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

 

Crawford Claim For Time Barred Debts

In Crawford v. LVNV Funding, LLC, the court held that a debt collector violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e, when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred.  The court concluded that, although the Code allows all creditors to file proofs of claim in bankruptcy cases, the Code does not at the same time protect those creditors from all liability.  Debt collectors – may be liable under the FDCPA for bankruptcy filings they know to be time-barred.  http://law.justia.com/cases/federal/appellate-courts/ca11/15-11240/15-11240-2016-05-24.html

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate