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debt collector harassment
Jun 28

Debt Collector Harassment and How to Stop It

By flacma5_wp | Bankruptcy , Debt Collection

debt collector harassmentWhat is Debt Collector Harassment?

If you have fallen behind in paying your debts, it is only a matter of time before your debts go into collection. When they do, you can expect to start receiving phone calls from debt collectors and it can make your life incredibly stressful.

The situation that caused you to fall behind on your bills was probably stressful enough, but now, being hounded by debt collectors just makes matters worse. Bill collector harassment can become overwhelming as you start receiving phone calls from the time you wake up in the morning until late in the evening.

Under the FDCPA, (Fair Debt Collection Practices Act) debt collectors are allowed to reach out to you and attempt to resolve your delinquency, however, their contact must be reasonable. If it is not reasonable and debt collectors are calling you 20 times a day, calling you at work after you have directed them not to or calling well into the night, it can rise to the level of bill collector harassment under the FDCPA.

The FDCPA is a federal law that regulates the conduct of debt collectors in how they are allowed to collect debts. This law has nothing to do with whether you owe the debt or not. It sets out the rules that define what constitutes bill collector harassment and gives you the right to sue the debt collector and recover damages and attorney’s fees for violation of the FDCPA

So How Can You Stop Debt Collector Harassment?

Debt collector harassment destroys the quality of your life. It can put you in a constant mode of panic and distract you from your work and family life. Nobody wants to fall behind on their bills but nobody wants to live in a continuous state of stress for falling behind in bill payments.

This may be the time to ask yourself whether you need a fresh start and consider filing for bankruptcy. If you have fallen behind on many of your debts and bills, due to unemployment, illness, divorce or other unfortunate events that have happened to you, you should probably at least speak to a Bankruptcy Lawyer to see if bankruptcy is a good option for you.

Bankruptcy Stops Debt Collector Harassment

bill collector harassment

The moment you file for bankruptcy, any type of bankruptcy, all debt collection efforts against you must stop. This is called the Automatic Stay Injunction and it goes into effect the moment a bankruptcy case is filed.

The Bankruptcy Automatic Stay is Instant Relief from Bill Collector Harassment

Debt Collector Harassment and any debt collection efforts must stop upon the filing of a bankruptcy case. Even though this legal relief from bill collector harassment is instantaneous upon the filing of the bankruptcy case, it may take several days for the debt collector to receive actual notice of the filing.

Your Bankruptcy Attorney can of course fax or email notice to the debt collector the moment they have a case number to prove that your bankruptcy case was filed.

What Happens if Debt Collector Harassment Continues After Your Bankruptcy Case is Filed?

If Bill Collector Harassment continues after your bankruptcy case is filed, your Bankruptcy Attorney can file a Motion For Contempt and Sanctions in the U.S. Bankruptcy Court where your bankruptcy case is pending.

Often, if the debt collector harassment is egregious enough and occurs repeatedly after the debt collector has received notice of your bankruptcy filing, the Bankruptcy Judge can award you money damages, attorney’s fees and order them to stop or risk further sanctions.

debt collector harassment

You Don’t Have to Live With Debt Collector Harassment

Remember, the FDCPA is not about you; it is about whether a debt collector engaged in debt collector harassment. But it is important to be honest with yourself in terms of considering bankruptcy.

If you have many debts you have fallen behind on and bill collector harassment from many different debt collector is consuming your life, you don’t have to live with debt collector harassment. Speak with a bankruptcy attorney and consider your options. It may be time to start fresh from your current circumstances and stop bill collector harassment once and for all.

To Find a Bankruptcy Attorney Near You in the following cities, just click a link below.

Chico Bankruptcy Attorney (Chico, California)

Terre Haute Bankruptcy Attorney (Terre Haute, Indiana)

Bankruptcy Attorney Orlando (Orlando, Florida)

Bankruptcy Attorney Springfield MO (Springfield, Missouri)

Sacramento Bankruptcy Attorney (Sacramento, California)

Bankruptcy Attorney Phoenix (Phoenix, Arizona)

Bankruptcy Attorney Tulsa (Tulsa, Oklahoma)

For more information about Bankruptcy, go to:

THE UNITED STATES BANKRUPTCY COURT

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how much does it cost to file bankruptcy
Jun 06

How Much Does it Cost to File Bankruptcy?

By flacma5_wp | Bankruptcy Attorney

HOW MUCH DOES IT COST TO FILE BANKRUPTCY?

how much does it cost to file bankruptcy

Bankruptcy law practice is a very specialized niche in the law. To the average person, it may appear a simple area of the law. However, it is anything but simple. But one of the first questions anyone has is how much does it cost to file bankruptcy?

Sure some bankruptcy cases are simpler than others, but it is a mistake to assume that bankruptcy is law is relatively straightforward.

Many people who are considering filing for bankruptcy are often concerned about the cost, for obvious reasons. The most obvious reason is that they are already in a difficult financial situation; otherwise, they would not be filing for bankruptcy or even contemplating it; therefore, finding out the normal range of fees in answering the question how much does it cost to file bankruptcy and the factors that determine this are very important to know.

 HOW MUCH DOES IT COST TO FILE BANKRUPTCY - THE MOST IMPORTANT FACTORS

WHAT CHAPTER THE BANKRUPTCY CASE IS FILED UNDER

A Chico Bankruptcy Attorney we spoke with stated the biggest factor in answering the question how much does it cost to file bankruptcy" is the chapter of bankruptcy the case is filed under.

"Most consumer cases are filed under either Chapter 7 or Chapter 13. Some Chapter 7 cases are very simple and very short if there are no complicating factors; however, a Chapter 13 case can go on for up to five years and usually involves numerous court hearings, objections and case monitoring after confirmation of the Chapter 13 plan...therefore, Chapter 13 cases are more expensive to file."

BUSINESS CASE OR CONSUMER CASE

Another California bankruptcy lawyer we spoke with, this time a Sacramento Bankruptcy Attorney, explained why even some Chapter 7 bankruptcy cases can be more expensive than others.

"From a cost viewpoint, there is a big difference between a "no-asset" simple Chapter 7 and the Chapter 7 bankruptcy case of someone who owns multiple parcels of real estate or relates to a failed business. Personal guarantees on business lines of credit, relief from stay motions and ongoing foreclosure cases can drive up the cost to file bankruptcy."

GOALS OF A CASE UNDER CHAPTER 13

A Terre Haute Bankruptcy Attorney from Indiana that we spoke to commented on how not all Chapter 13 bankruptcy cases are created equal:

"There is a huge difference how much it costs to file bankruptcy under Chapter 13 where the debtor/client seeks to achieve big commercial related results. For example, the complications and extra attorney time needed to cramdown five pieces of real estate and modify the mortgages on each one is vastly different from a Chapter case where the debtor/client is simply over median income (doesn't pass the means test) and has to simply pay a percentage of debts of the life of the Chapter 13 Plan."

GEOGRAPHIC LOCATION OF THE CASE

Every geographic location in the United States has different levels of living expense, from utility costs, housing, food and yes, even legal services. A Bankruptcy Attorney Tulsa may charge considerably less than a Bankruptcy Attorney Phoenix or a Bankruptcy Attorney Colorado Springs.  Larger metropolitan areas have greater competition among the number of bankruptcy lawyers while smaller populated areas have fewer qualified bankruptcy lawyers.

AVERAGE COST OF A CHAPTER 7 BANKRUPTCY CASE

So the best way to to answer the question, how much does it cost to file bankruptcy, should be thought of on sliding scale, based on complexity, chapter, business or consumer case and what part of the country the case is filed.

For a Chapter 7, we agree with a Missouri Bankruptcy Attorney Springfield MO that a simple consumer case starts at around $1,000 and can go up to $3,500 for a business related case. These flat usually do not include litigation, if needed, make sure you read the attorney fee agreement and know the hourly rate of the bankruptcy attorney for such additional services.

AVERAGE COST OF A CHAPTER 13 BANKRUPTCY CASE

Most jurisdictions have what is called a "no look" fee for Chapter 13, which is a flat fee not questioned by the Bankruptcy Court and considered reasonable. This usually ranges from $2,500 to $3,500. Sometimes this includes everything. Sometimes, it is a base fee, with extra fees for mortgage modifications and case monitoring allowed and built into the plan, as long as they are disclosed.

BANKRUPTCY ATTORNEY EXPERIENCE - THE DETERMINING FACTOR

The experience level of bankruptcy lawyers will differ. That old saying "you get what you pay for" is true in most things in life and in answering how much does it cost to file bankruptcy, it is true.  However, keep in mind that other than differences in the hourly rate of a bankruptcy attorney, most Bankruptcy Courts require the same flat fee and no look fees to apply to every bankruptcy attorney who represents debtor/clients before the Court.

Therefore, most people are surprised that they can hire one of the most experienced bankruptcy lawyers for the same cost as a rookie bankruptcy attorney. Choose wisely, do your homework and ask questions about experienced, no look fees, what's included in the flat fee and hourly rate and when it comes into play.