Confessions of Former Debt Collectors via CNN

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Today CNN is running an eye opening article about the tactics and strategies used by debt collectors or creditors.  The article covers 10 different people who used to call and harass people for a living.  They unveil some of the extreme tactics that creditors use to get money from debtors.  A common theme that is seen throughout the ten different stories is the fact that these people make their money by collecting money.

Many of these creditors are on commission and the more money they bring in the more money they make for a living. Is this the best way to ethically collect debt? We too often see that creditors will bend or even break consumer protection laws simply to make a little more money.  If they aren’t being commissioned then maybe there would be more civility in the debt collection profession.  Regardless, this is a great article by CNN – check it out. The article is called Confessions of Former Debt Collectors.

Can I Buy a Car While I'm in a Chapter 13 Bankruptcy?

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Due to unforeseen circumstances, sometimes a person in a Chapter 13 bankruptcy will need to take out a new loan to get a car. This can happen if, for example, the car that you were driving when you filed the bankruptcy is in an accident or breaks down beyond repair.

You can buy a car while you’re in a Chapter 13 Bankruptcy. However, you must obtain approval from your Chapter 13 Trustee in order to finance a car while you’re bankruptcy. The Chapter 13 Trustee can generally approve a credit request for up to $15,000.00.

It’s important that you contact your attorney so he or she can advise you how to proceed. You will need to find a car you want to purchase and obtain the terms of the loan from the lender/dealership. It will be necessary for your attorney to update your monthly income and expenses prior to submitting the request for credit authorization to the Trustee. You need to be able to show the Trustee that you can afford your Chapter 13 plan payment and a new car payment.

Your attorney will submit a credit authorization request form to the Trustee, with the terms of the loan, including the amount of the loan, the interest rate and the monthly payment. It can take up to ten (10) days for the Trustee to approve the request. Once you have final approval from the Trustee, the car can be purchased.

Why Do I Have to Take a Credit Counseling Course?

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The courts require that you take a credit counseling course from an approved agency prior to your bankruptcy being filed. This is not a requirement from just our law firm, this is a requirement by the Court.

When the bankruptcy laws were changed in 2005, one of the changes included two course requirements. The first is that you take a credit counseling course prior to filing bankruptcy. You must take the course within 6 months prior to your bankruptcy filing. Another court requirement is that you take the course at least 24 hours prior to your bankruptcy being filed. The course is simple, and there are even approved agencies that allow you to watch a video online to complete the course.

The second change in the 2005 bankruptcy laws was the requirement of a financial management course. This is a different course than the credit counseling. Financial management must be taken prior to the discharge of your bankruptcy. You can also take this course online from an approved agency.

At your free initial consultation, we will explain both of these course requirements in more detail.

To find out more about how Duncan Law can help you, visit our website.

Duncan Law, PLLC

Charlotte Office:
4801 E. Independence Blvd.
Suite 1100
Charlotte, NC 28212
704-563-1224

Greensboro Office:
628 Green Valley Road
Suite 304
Greensboro, NC 27408
336-856-1234

What If I Get a New Job While I am in Bankruptcy?

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These are common questions that many people have about bankruptcy. In an effort to provide you with information we have provided these frequent questions. However, it is important to realize that each state has different rules and these answers are not meant to be legal advice. Contact a bankruptcy attorney to learn more.

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Why Would the Trustee Increase My Chapter 13 Payments?

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[youtube]http://www.youtube.com/watch?v=0ZV4srJ5r6Q[/youtube]

Your payments are usually increased when you have failed to make payments to the Trustee, and the mortgage company increases your house payments due to a change in your interest rate or escrow and/or you have additional claims filed in your bankruptcy. The Trustee may also increase your Plan payment if you fail to pay property insurance. Usually when the Trustee increases your Chapter 13 payments, it is because there is not enough being paid into the Plan to pay all of your secured debts on a monthly basis (house, car, furniture/appliances, etc.). Additional claims may be for taxes you have failed to pay to the city, county, state or Internal Revenue Service after filing your bankruptcy.

What is the General Timeline for a Chapter 7 Bankruptcy?

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[youtube]http://www.youtube.com/watch?v=JQVIChc9tOE[/youtube]

This is a general and approximate timeline. Each and every case will be different depending upon your individual situation. Some cases may take less time and others may take more time. To get a more definitive timeline, review the contract you sign with an attorney at Duncan Law at the time of your free initial bankruptcy consultation.

What is the General Timeline for a Chapter 13 Bankruptcy?

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[youtube]http://www.youtube.com/watch?v=JQVIChc9tOE[/youtube]

This is a general and approximate timeline. Each and every case will be different depending upon your individual situation. Some cases may take less time and others may take more time. To get a more definitive timeline, review the contract you sign with an attorney at Duncan Law at the time of your free initial bankruptcy consultation.

Should I Get a Credit Report Before I File Bankruptcy?

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[youtube]http://www.youtube.com/watch?v=lMQM4pLuNac[/youtube]

Although, it’s important to keep statements that you receive in the mail regarding your debts, you should also consider obtaining a credit report.

For many people, it is difficult to remember original creditors, collections agencies, amounts owed, and so on from years past.  A credit report is a great way to visually see all of your debts listed out for you, especially if you did not keep statements.  Our recommendation would be to look at your statements first, then back it up with a credit report.  For many people, this will cover your bases in regards to who you owe, but remember this does not guarantee to be all of your creditors.  This is why it’s important to keep up with your statements and also view your free credit report yearly.  By doing this, it allows you to see whom you owe, if it’s accurate, and when and where the debt was incurred.

You are entitled to a free credit report every 12 months from www.AnnualCreditReport.com. It is one of the only legitimately free places to obtain a credit report. It will not, however, give you your actual credit score. Use this website, if you have not already done so in the past 12 months, to view your debts and names of your creditors.  We recommend checking this annually so you can be sure the creditors on your report are accurate.  When filing bankruptcy, it is essential that all of your creditors are listed, so be sure to use both statements and a credit report to back up what you already know regarding your debt.

It’s also a good idea to be sure you get your free credit report again a few months after you file bankruptcy. It will help you rebuild your credit after bankruptcy.

What is a Dismissal in Bankruptcy?

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The court may dismiss your Chapter 13 bankruptcy if you fail to make payments to the Trustee or if your debts exceed your ability to pay. If your bankruptcy is dismissed by the court you will be responsible for all your debts and the creditors may proceed with collection actions against you as well as proceed with foreclosure and/or repossession.

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What If I Get Behind On My Chapter 13 Bankruptcy Payments?

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Each month the Trustee receives a payment from you, he will distribute payments to your creditors based on a priority as established by the Chapter 13 plan. If you do not make a payment to the Trustee, he will not distribute payments to your creditors.

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