Common Mistakes Made by Bankruptcy Filers and Their Attorneys - #5

5. Ignoring Creditor Collection Attempts after Filing and Discharge.

There are a number of mistakes that debtors and their bankruptcy attorneys make that often cause  problems after discharge or after their chapter 13 is confirmed. These mistakes often make it difficult to enforce the discharge or the automatic stay and can cause the debtor to suffer a serious financial loss.

It’s human nature to avoid embarrassment and conflict, if at all possible. So, it is not understandable that Debtors would ignore calls and letters from creditors after filing bankruptcy. They know the debt is no longer collectible, so they throw away the collection and letters and ignore the calls that keep on coming after filing and even, sometimes, after a discharge is received. This, however, is a mistake.

Some creditors intentionally ignore a bankruptcy notice hoping that the debtor can still be coerced to pay. Whether it is to buy peace, ease feelings of guilt, or believing it will help improve their credit, debtors will often pay discharged debt even though they have no obligation to do so. The problem with ignoring these illegal contacts after bankruptcy is that the creditors will just continue to harass the debtor with calls, letters, by illegally pulling their credit reports, and they may even report the debt as active and collectible to the credit bureaus.

These acts may prevent a debtor’s credit score from properly rebounding after filing bankruptcy and threaten the fresh start they were expecting. What all debtors should do is keep every letter or email received from creditors, document each phone call carefully and report these contacts to their attorneys.

There are various laws that protect bankruptcy filers from these types of illegal contacts, but they can only be successfully prosecuted if there is evidence to show the court and jury. The actual letters, telephone records and documentation of damages are all needed to prevail in bankruptcy court, in state courts, or the federal district courts.  But nothing will happen unless an attorney who handles these type claims is retained and he has the proof necessary to prevail.

For more information visit our Website or follow up on Facebook.

Buy Now, Pay Later; A Ticking Time Bomb:

The other day I called a client to advise her that upon reviewing her credit reports I had discovered that one of her former creditors was pulling her credit reports almost every month. I explained that since she had filed bankruptcy and she no longer owed this creditor anything, that they didn't have the right to pull her credit reports. But when I explained that she could sue them for violating the FCRA and for invasion of privacy, she responded that since she had allowed herself to get in a financial mess, that she deserved any fallout that resulted from it.

 

Hearing this I just shook my head in frustration. What my client didn't realize was that she had been targeted and lured into debt by dozens of banks and lenders of every sort who were making obscene profits off her and millions of other Americans every year. And this didn't happen by accident. Every year these banks and lenders spent millions of dollars in advertising making consumers believe they could live in luxury now by paying for it later. The key to the American Dream is good credit, they insisted.

They knew, however, that with so much credit extended to consumers who couldn't afford it, that there would be a significant default rate. So, they set up and funded organizations whose sole purpose was to assist consumers in budgeting and personal finance to enable them to lower their standard of living enough to keep paying their huge debt run up by living high above their means. The later of "buy now, pay later" had come and it had brought with it financial ruin. 

 

These banks and other lenders are very concerned about consumers paying their debts and honoring their commitments, but when it comes to obeying consumer protection laws it's a different story. While they claim to be meticulously following the law, the truth is they are always searching for loopholes or ignoring these laws altogether hoping not to get caught. And I have yet to find a lender who felt the least bit guilty about violating the FCRA or a bankruptcy discharge injunction.

 

I have found, however, that most consumers don't want to file bankruptcy and only do it as a last resort. The buy-now-pay-later mentality that has been ingrained in us all is a ticking time bomb that will eventually go off.  It makes consumers vulnerable to misfortune.  Sickness, unemployment or business failure just happen and consumers rarely have any control over these unfortunate events.

When the time bomb explodes bankruptcy is the only sane option. Unfortunately, many consumers file for divorce, turn to drugs or alcohol or even suicide. They consider their life a failure and give up on the future. So, there is no shame in filing bankruptcy and consumers should never hesitate to file when the bomb goes off. And after the dust settles and they get their fresh start after bankruptcy, they should never let guilt stop them from enforcing their right to privacy and fair credit reporting. Banks and other lenders are not above the law, no matter how rich and powerful they have become by fostering a consumer dependency on credit.

 

Visit us on Facebook or go to our Website. 

Don't Mess With Texas Consumers!

Tell It Like It Is

 

 

 

 

 

 

 

 

 

 

Visit Our Website or Follow Us on Facebook.

 

Plastic Gods

 

PLASTIC

 

They came from everywhere

Over here and over there

The mail, the phone, in the mall

Unsolicited, one and all

 

Get them one, two or ten

Don’t wait—pick up the pen

It’s a simply wonderful game

All you do is sign your name

 

Now jump for joy, and yell, hooray!

Cause baby they’re on their way

Dillards, Penneys to name a few

Visa, Mastercard and Amex Blue

 

Do it now, live the American dream

Stand right up and let out a scream

Whatever you want, no money down

You’ve got credit all over town

 

Sit back, watch your dreams come true

Not a worry now, only pennies due

For Moses it was manna from the Lord

But for us today, plastic is our sword

 

Now its silver, gold and platinum too

Macy’s, Sears to name just two

Cars, clothes, a ten day cruise

Gambling, clubs and lots of booze

 

You’ve got it all and then some more

Until the bills flood in the door

It cannot be, I didn’t spend that much

Just a few odds and ends and such

   

Eighteen, Twenty, Twenty-four

Interest, interest, bills galore!

Oh my God, it’s all a scam

To steal my life, I’m in a jam

 

Collectors call day and night,

Every balance out of sight

I can’t sleep, or even think,

Go to work—I need a drink

   

My lover scorns me, yells and screams

God, what happened to all our dreams?

Letters, calls, demanding blood,

From my lover’s eyes there is a flood

   

Now she’s gone, couldn’t take the heat

I’m here alone, tired and beat

Bankruptcy. Is that all that’s left for me?

I can’t believe it, I just didn’t see

   

But now I do, clear as glass

I fell in love with cold, hard cash

Visa, Mastercard, Amex Blue

Lucifer got his due

 

copyright William Manchee

Visit us on Facebook or at our Website.

What the critics said about Plastic Gods.

"This is easily one of the most exciting fiction novels of the year. . . ."

"Plastic Gods is a suspense packed thrill ride through the worlds of power politics, the legal system, and finance. This is a very well written book that draws the reader into the storyline and doesn't let them go until the very end. I had to read the entire book at one setting to see how Matt would resolve his problems. ... An excellent story, masterfully done, and recommended for those who like a good suspense story. Harold McFarlen * Amazon.com * Top 50 Amazon Reviewers (#39)

---

"Non-stop plotting action makes Plastic Gods’ a book you can't put down...."

"As an expert at bankruptcy laws, and having practiced it in his field for a quarter of a century, author William Manchee has penned his second exciting novel featuring lawyer Rich Coleman and his son, Matt. . . . While the subject matter might seem daunting and somewhat uninteresting, such isn’t the case. In fact, credit cards and enormous debt makes for a unique premise, for many of us are caught in that trap already. Well-drawn characters and a nearly perfect balance between narrative and dialog make this ‘financial thriller’ a winner." Denise Clark, Denise's Pieces Book Reviews

---

---

 ". . . Manchee offers the reader a peek into a side of banking and credit most of us never realized might exist."
One of Manchee’s best Plastic Gods is a nail biter. From the opening paragraphs when Rich Coleman reflects over his own life and muses about his son’s surprising decision to become an attorney through the whole action packed tale we follow Matt on his headstrong journey into a life he never expected. Matt’s impulsive determination carry him and those with whom he associates into jeopardy, lethal danger and a crassness the naïve young man never suspected existed Molly Martin, Booklore.co.uk

---

---

 "Action aficionados will not be disappointed, and although the book is a work of fiction, its theme is tantalizing."
". . . a surprising and unpredictable ride that keeps you in constant suspense as what is around the next bend. . . . Action aficionados will not be disappointed, and although the book is a work of fiction, its theme is tantalizing. It is sure to leave many a reader thinking about some of the unsavory banking practices pertaining to credit card marketing and what is looming behind closed doors of these institutions. Robert P. Goldman, The Best Reviews

Creditors Can’t Seem To Stop Illegally Accessing Credit Reports

It is a perplexing phenomenon but some creditors can’t stop illegally pulling consumers’ credit reports even after they are caught doing it. On numerous occasions we have sued a creditor for illegally accessing our client’s credit reports after their debt was discharged in bankruptcy. Once the debt is discharged they have no legitimate reason to be pulling them, yet sometimes before the ink on the settlement agreement is dry, they start pulling the credit reports again. In a few cases we have had to sue them three times before they finally stop. And it’s not because the penalties are small. Damages can run $500 to $1500 per illegal pull, plus actual damages, costs and attorney’s fees. If anybody has an explanation, let me know.

 

Visit us at our Website or on Facebook.

Fair Credit Reporting Act Protects Creditors As Much As Consumers

Although you would think the Fair Credit Reporting Act was written to protect consumers, it also has provisions that protect creditors. One specific requirement that insulates creditors, at least under federal law, from liability exposure, is the requirement that consumers dispute erroneous items on their credit reports and give the offending creditor 30 days to confirm or correct the reporting. This may seem fair at first glance, but what if the erroneous reporting was intentional or resulted from gross negligence, which is often the case. Why should creditors be insulated from liability when they cause a consumer to lose an opportunity to buy a house or a car? Why should consumers have to endure the humiliation of a credit denial without recourse when a creditor makes an obvious mistake? Why should creditors get a free pass when they injure a consumer? It doesn’t make sense. There is no doubt the credit industry lobbied long and hard for this provision in the FCRA. Luckily there are state laws that don’t recognize this requirement to dispute erroneous credit before action can be taken against the offending creditor.
Visit us the Manchee & Manchee, PC website.

Reporting to the Credit Bureaus Is Debt Collection Activity

The courts have held that credit reporting is debt collection activity and this makes sense as the credit bureaus were established for one simply reason, creditors wanted to make sure that the money then lent would be repaid. The credit bureaus have two functions. First to make sure the money their members lend goes to people who are likely to pay it back. Secondly, if the debt isn’t repaid there is an effective way to force the debtor to pay it back. Since having good credit is critical today for home ownership, to rent an apartment, to get a car or finance large consumer items, most people will do just about anything to keep their credit clean. The reality is depriving someone of good credit is a more effective collection technique that dunning letters, harassing phone calls, or even threat of litigation. This is particularly true in Texas where the generous exempt property laws make collecting from the average citizen a hopeless endeavor. So, when creditor report on their customers after they file bankruptcy they must comply with the Fair Credit Reporting Act and it is imperative for consumers who file bankruptcy to make sure their creditors follow the dictates of the FCRA so their credit will come back as quickly as possible

If you have filed bankruptcy you should visit us on facebook. Manchee & Manchee, PC

Don't Let Finances Destroy Your Marriage.

One of the most common refrains I hear from my bankruptcy clients is: "Why did I wait so long to file?" The problem is most people are optimistic and believe they will be able to turn things around. They hate to admit failure and don’t want to be saddled with the stigma of bankruptcy. So, they suffer unbearable stress and pain, year after year, struggling to make ends meet until their situation becomes unbearable. Few marriages can survive this trauma and as a result families are split apart.

 

The fact is, in our credit driven economy, bankruptcy is inevitable for a lot of consumers. A lost job, illness, business failure, or weakness for all the alluring products and services that are dangled out in front of us each day, can leave a consumer deeply in debt with no way out. In this situation, absent a rich uncle or a lottery win, these consumers will eventually have to face bankruptcy. I’m not saying consumers should take filing bankruptcy lightly, but if there is no realistic way to avoid it then sooner is better than later.

 

This was brought home to me early on in my career when I got a call from a widow of a man who had committed suicide because of his business failure. We put the business in chapter 11 and the man's brother turned it around in six months. The man had taken his life needlessly. So, it's always better to face the inevitable and file bankruptcy before the marriage is destroyed and family relationships irrevocably injured.

 

Visit our website. Manchee & Manchee PC