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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

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"Anatomy of a Financial Collapse"

On April 13, 2011, the United States Senate Permanent Subcommitte on Investigations, Committe on Homeland Security and Governmental Affairs issued its report "Wall Street and the Financial Crisis: Anatomy of a Financial Collapse." Jordan E. Bublick

Ballooning Student Loan Debt Will Cause Future Pain

Experts now agree that student loan debt has exceeded credit card debt as Americans' largest personal debt. In fact, many experts now believe that the total outstanding student loan debt will exceed $1 trillion by the end of this year. The media has

A Collections Agency Sued Me and Won. What Collection Measures Can It Now Take Against Me?

Before debt collectors get a legally-enforceable judgment against you, a collections agency generally has only one way of getting paid: by asking. In Colorado, this is often done by telephone call or letter. However, once the debt collector sues you

Can Collection Agencies Add Interest to My Debt?

Yes. Under the federal and Colorado state Fair Debt Collection Practices Act (or “FDCPA”), collection agencies may add interest to your debt so long as your original financing agreement allows them to do so. Every state authorizes the addition of

Pre-petition tax refund garnishment avoidable under 522(h), but not 522(f).

Johnson v CACH, LLC (In re Johnson), E.D. Mich., December 20, 2010 (Case No. 10-12873, Hon. Robert H. Cleland) When a creditor has a state court judgment, garnishing the judgment debtor's state income tax refund is a common collection method. If the

Ballooning Student Loan Debt Will Cause Future Pain

You should not rely on showing a hardship that can discharge your student loans in bankruptcy unless you can prove that you will never work again and never have the ability to repay the loans.


Upcoming Events In Georgia

Here is a list of events of interest to Bankruptcy lawyers in Georgia. Please send a message or leave a comment if there are others. April 14-16, 2011 -- 37th Annual Southeastern Bankruptcy Law Institute. There is still time to register ( click here)

How Can I Stop the Collections Department of a Local Merchant from Harassing Me?

Unfortunately, the federal Fair Debt Collection Practices Act (or “FDCPA”) does not apply to your creditors’ in-house collections department. It only applies to collection agencies that are hired by your lenders to collect your debts. However, some

How Can I Get Collections Agencies to STOP Calling Me?

Under the federal Fair Debt Collection Practices Act (or “FDCPA”), it’s against the law for a bill collector from a collections agency to call you at an “unreasonable” time. Unreasonable, in this case, means before 8:00 AM or after 9:00 PM, but other


Bankruptcy Tweets for April 2011 - Part I

I attached this New Yorker cartoon to my first blog post in October 2005. Blogging, however, really doesn't lend itself to incessant barking. Tweeting does. Back then, I wrote: So how did this blog start? Well, many know of my personal obsession