Florida Bankruptcy Lawyer Blog

In Florida, we pay our property taxes at the end of the year. On April 15, our federal income taxes for the previous year are due. So, within a 4 to 6 month period we may be hit with property and income taxes. In the last few years, there has been a push by the credit card companies, like Visa, American Express, Mastercard and Discover to allow you to pay your taxes with a credit card.

Don't be fooled they are not doing it because they like you. They are doing it to protect themselves. When the Bankruptcy Laws were changed in 2005, Congress added to the list on non-dischargeable debts. A non-dischargeable debt survives the bankruptcy and is still and owing after the bankruptcy discharge arrives in your mailbox. So, what did our wonderful politicians stick us with this time. Well, Congress expanded credit cards protection. While a separate statute provided the credit card companies protection when people pay income taxes and then file bankruptcy, Congress extended this protection to state and local taxes that are paid with credit cards.

Continue reading "Taxes And Credit Cards" »

Are we all just one medical problem away from Bankruptcy?

As a Board Certified Consumer Bankruptcy Attorney, I speak with many people about filing for bankruptcy and their debts. Medical Bill bankruptcies are a very real and growing problem. Don't get me wrong, this is not a new phenomena that suddenly came to rise like the epidemic or pandemic known as swine flu. People have always had to deal with medical bills when either they or a loved one became sick or were injured. However, it seems that over the last few years, medical bill bankruptcies have been on the rise.

Continue reading "Medical Bill Bankruptcy - An Epidemic or a Pandemic?" »

Recently, I heard a story which rattled me. A fellow bankruptcy attorney in Sarasota told me that a debt collector had tried to collect a discharged debt from an authorized user. This is a common tactic used by the debt collectors.

An authorized user is not legally liable for a debt. The original credit card holder is. For example, let's say I had a Visa card that I applied for in 2000. In 2005, through aggressive credit card marketing and my lapse of good judgment, I fill out the form and get a card for my brother, since he had just graduated from college. If my brother uses the card, I am responsible, not him. He didn't sign the original contract or application. It is that simple, or to put in lawyer's terms, there is no privity of contract.

Continue reading "Discharged Debts Are Not Collectible !" »

Recently, I wrote about the amount of Adversary Proceedings that the firm was able to resolve in the month of December 2008. The best news is that two of our clients received double their attorney's fees back. In other words, clients were not only able to get a free bankruptcy, but they also made money on their bankruptcy case. Here is how it happened.

Continue reading "Adversary Proceedings Pay For Your Bankruptcy Fees" »

Score one for the Consumer. The Texas Attorney General agreed to settle unfair debt collection claims against NCO Group, Inc. and/or NCO Portfolio Management, the company's debt buying unit in the amount of $250,000.00. The Texas Attorney General alleged that NCO violated the Texas Debt Collection Act by making harassing phone calls and using profanity to scare and harass debtors. A quick Google Search for NCO will reveal some very interesting things about the company.

Texas law prohibits consumer debt collectors from using unlawful threats and/or coercion in an attempt to collect consumer debts. Interestingly, as part of the settlement, NCO admitted no wrongdoing. Yea right.

Continue reading "NCO Group, Inc. Agrees To Pay A Fine Of $250,000 for Illegal Debt Collection" »

Ladies and Gentlemen:

Changes are coming to the Florida Bankruptcy Lawyer Blog whether you like it or not. It's time to kick the tires and light the fires and slap a new coat of paint on this puppy. We also might throw in some cool features like a new website and a new look for the Florida Injury and Accident Lawyer Blog as well.

So, keep your eyes peeled, and watch out for the new stuff. It may just hit you right between the eyes.

Continue reading "Changes, They Are A Coming" »

As a Consumer Bankruptcy Attorney, I see people on a daily basis who are considering filing for bankruptcy protection. One of the reasons they are seeking bankruptcy protection is to stop the abusive debt collection practices being employed by the debt collection industry. As this country goes deeper and deeper into a recession, with inflationary prices on gas, food and other commodities, more and more individuals will default on their debts. Recently, I wrote an article for the Credit Law Network about the debt collecter's stock becoming hot on Wall Street. The article made me sick.

Continue reading "Complaints Against Debt Collectors Are Rising" »

The Fair Debt Collection Practices Act (FDCPA) is a federal statute which protects consumers from unscrupulous debt collectors. Despite that the FDCPA has been around for a long time, debt collectors violate the statute routinely. For violations, the FDCPA mandates statutory damages in the amount of $1,000.00 and actual damages, if any, and attorney's fees and costs. Recently, a Judge in Jackson County, Missouri ordered a debt collector named Merchant's Retail Credit Association (MRCA) to pay $854,389.00 in damages to Gilbert Maddux, Dolores Maddux and Jenni Maddux.

Continue reading "Debt Collector To Pay $854,389.00 In Damages" »

As a Consumer Bankruptcy Attorney, I speak to potential bankruptcy clients on a daily basis. I also speak with past bankruptcy client who are experiencing problems with debts that were included in their bankruptcy cases. The post-discharge collection of discharged debts has become big business. I have written extensively on this topic for http://www.bankruptcylawnetwork.com before this blog came into existence.

Continue reading "Discharged Debt Is Big Business in Florida" »

As a Board Certified Consumer Bankruptcy Attorney, I meet with people considering filing for Bankruptcy each and every day. It seems that creditor harassment and bankruptcy go hand in hand. Today, I heard that a debt collector in Texas has agreed to pay $1,300,000.00 in damages in civil penalties to settle claims against it by the Federal Trade Commission. Isn't that fantastic. A debt collector is being harassed by the Federal Trade Commission.

Continue reading "Bankruptcy In Florida: Debt Collector Gets Harassed ap" »