Posts Tagged ‘wage garnishments’
August 20, 2010
Bankruptcy Stops All Collection Attempts
Julio owned a house in Woodland Hills that was about to be foreclosed on. As the sole owner of repossession company he could just barely make ends meet, and he was behind on not just his three mortgages and credit card bills, but also his auto loan. Julio had no insurance and after a serious heart attack he could no longer afford to make any further payments and his bank moved to foreclose on his home and repossess his truck. To prevent his truck from being repossessed he hid it in the garage of his home but since the home is also up for sale the truck will likely be taken right after the sale of the home. He is now in position to lose both his house and truck at the same time. This truck was not just for transportation but a tow truck he used to make his living. He found a bankruptcy attorney in Los Angeles who told him how bankruptcy could get him relief.
Filing for bankruptcy triggers an automatic stay which stops most creditors from collecting funds or property in any way. This stops foreclosure sales and if the sale is concluded after the bankruptcy filing, that transaction is reversed. In addition to foreclosures, it stops cutoffs in utilities, repossessions, wage garnishments, civil lawsuits, and bank levies. While this applies to utility bills it is not advised to
file for bankruptcy solely for an amount as small as unpaid utility bills as the bankruptcy court may see the filing as abusive. A final caveat is that a creditor can be relieved from an automatic stay if secured property is subject to unacceptable risk or the debtors appears to be unable to make future mortgage payments or pay arrearages.
Julio was used to changing homes and was not concerned about losing his home but without the truck for repossessing vehicles, or another source of income, he could not afford to have it repossessed. Bankruptcy allows a certain dollar amount of exempt items which creditors cannot take and there are special categories for items such as equipment used for work that are not counted as a part of the general exemption. Since the truck was had no equity it did not use any of his exemptions. Therefore Julio can keep things like clothing, jewelry, and some electronics, in addition to the tow truck. As his current income over the last 6 months was below the median income to qualify for a
Chapter 7 bankruptcy and his expenses were close to his income he was eligible for filing a Chapter 7 bankruptcy and could continue to keep his truck and operate his business.
Before you proceed withfiling for bankruptcy, please make sure to speak to a qualified bankruptcy attorney.
Tags: and bank levies, Assets, Bankruptcy, Bankruptcy Attorney, Bankruptcy Attorney In Los Angeles, bankruptcy laws, Chapter 7, civil lawsuits, collection, collection agencies, Creditors, Debt, file for bankruptcy, foreclosures, it stops cutoffs in utilities, Los Angeles Bankruptcy Lawyers, repossession, repossessions, unsecured debt, wage garnishments
Posted in California Attorney, Chapter 7 Bankruptcy, Foreclosure, Uncategorized | No Comments »
Bank Levy – You Can Get Your Money Back By Filing For Bankruptcy
Bank Levy – You Can Get Your Money Back By Filing For Bankruptcy
Santos is a student in Los Angeles who has been out of work for nearly a year. Last year both of his cars were repossessed in addition to a boat. The cars that were repossessed were financed and Santos thought he no longer had to worry about that debt. Just recently he has learned that the finance company he used to buy the cars now has a levy on his bank account. Since Santos is out of work, his wife Rose is the only one with any income. As they were already struggling with bills, the bank levy has resulted in thousands in overdraft fees.
Santos first considered debt consolidation. After searching online he found a debt consolidation company in Los Angeles that guaranteed he would be debt free in no time. Debt consolidation is not for everyone, since the amount owed is reduced and payments are made by a 3rd party, this negatively impacts your credit score sometimes to the point where it is seen by creditors as the same as bankruptcy. Therefore you get all of the burden of bankruptcy without the benefit of no longer paying the unsecured debt. In addition, you should be aware that there are many debt consolidation companies that are illegitimate and want to scam you. Unlike bankruptcy attorneys, to become a debt consolidation company there is no requirement for certification or training, which puts few barriers to crooks setting up a debt consolidation company. Even if the debt consolidation went smoothly there may be unforeseen future events that may force you to eventually declare bankruptcy anyway, but only after you’ve spent thousands paying the debt consolidation service fees and unsecured debts that could have been discharged earlier. To compound the problem, any debt that is forgiven by the lender will be considered income on your tax return that you will have to pay taxes on, while in bankruptcy debts discharged are not treated as income.
He then came to his senses and found a bankruptcy attorney in Los Angeles. Their expenses were already exceeding their income so they were eligible for a chapter 7 bankruptcy. Filing for bankruptcy allows you to recover any funds taken from you through bank levies or wage garnishments up to 10 days before filing. Therefore in these situations it is in your best interest to file quickly. Since Santos and Rose filed quickly, they were not only able to discharge there credit card debts and overdraft penalties they could also recover the funds that were taken from their account through the bank levy.
Tags: Assets, bank, bank levy, Bankruptcy, Bankruptcy Attorney, Bankruptcy Attorney In Los Angeles, bankruptcy laws, collection agencies, debt consolidation, debt settlement, discharge, file for bankruptcy, Los Angeles, los angeles bankruptcy attorney, repossessions, unsecured debt, wage garnishments
Posted in California Attorney, Chapter 7 Bankruptcy, Chapter 7 Bankruptcy / Chapter 13 Bankruptcy, Creditors, Law, Los Angeles Bankruptcy Attorney and Bankruptcy Lawyer, Uncategorized | No Comments »
