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Low Fees - Payment Plans - Evening & Weekend Appointments Help With-Credit Cards-Bank Loans-Foreclosure-Taxes-Student Loans Free Telephone Consultation 410-484-4900 24/7 There is no substitute for trust and experience
" Many thanks for a job well done in getting my tax debts and other claims eliminated and being available to answer all of my questions throughout my case." ~~B.W. " Your representation was outstanding in recovering thousands of dollars I paid out in a debt consolidation scam, properly representing me in a bankruptcy and getting all my debts eliminated at a low fee and less than one half of what I paid to them. What was most important to me was your integrity and clear answers to my questions." ~~D.G. " I was suprised to learn how the debt settlment company I saw on television took advantage of me. Thank you for getting my money back from them, properly filing my bankruptcy and saving my house. I recommend your services. " ~~H.M. " Thanks for taking over my chapter 13 case which enabled me to save my house. " ~~ W.S. " I appreciate your meeting with me on the weekends so I did not have to lose time from work."~~N.T.
Representing Debtors To Totally Eliminate Debts, Or To Reorganize Debts In Order To Protect Property And To Obtain A Fresh Financial Start Prompt, experienced and effective representation for all financial issues including, foreclosure, repossession, wage attachments, student loans, federal and state tax matters. In addition to bankruptcy, we provide effective representation for tax problems with the IRS, tax audits, tax liens, tax wage attachments, IRS offers in compromise, IRS installment plan arrangements, and IRS audits. Our debt relief agency will fully prepare all bankruptcy documents, both before and after your case is filed, go to court with you, and defend you against contested matters from the trustee, your creditors and their attorneys. We work with you with a workable payment plan and a low fee we invite you to compare. Call, you will see for yourself. Each case is different and presents different opportunities and challenges.
If you have been a victim of a credit counseling program, debt management or home rescue scam, we can help to get your money back, damages or both. We have recovered thousands of dollars for payments made to programs that have misrepresented their status. If you are in a debt management program, you may wish to determine: If you paid money to an unlicensed bankruptcy preparer that did not prepare your documents properly, or gave you any legal advice and you were damaged, we may be able to assist you getting your money back and damages.
Creditors have certain rights to object to the debtor's discharge> Under certain specific and limited circumstances described in the Bankruptcy Code, a creditor may file appropriate and timely action to object to the discharge of a specific debt. The exceptions to discharge are generally prescribed under Bankruptcy Code Section 523. See Section 523 of the Bankrutpcy Code reproduced here for illustration purposes only. A Chapter 13 discharge generally may relieve the debtor of all obligations provided for in the plan except certain long term debts, certain support obligations, nondischargeable student loans, or liability arising from an automobile accident involving drugs or alcohol, or for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime. See Section 1328 (a), reproduced here for illustration purposes only. If the debtor has fulfilled the plan, most debts are dischargeable in a Chapter 13 discharge. If the plan has not been completely fulfilled, then a "hardship discharge" may be ordered. If this hardship discharge is granted, creditors may be permitted to seek a determination of dischargeability for debts that would have been nondischargeable in a Chapter 7. Similar considerations may apply where a case has been converted from a Chapter 13 to a Chapter 7 Bankruptcy. In addition to non-dischargeability of particular claims, the Court may deny discharge for certain reasons, including fraud, concealment of property, making a false oath, presenting false claims, destroying, concealing, or falsifying documents or records concerning the debtor's financial condition, or disobeying any lawful order of the court. See Section 727 reproduced here for illustration purposes only. A creditor who wishes to obtain a determination of the dischargeability of a debt should consult legal counsel immediately upon learning of the filing of a bankruptcy. Appropriate motions or complaints must be filed within the statutory time period, or the right to do so may be forever barred. Actual cases should be discussed with your actual legal advisor or legal department.
"There is No Substitute For Experience."
JACK I. HYATT
Many of the payment plans are unrealistic and unworkable. The payment plans also ruin credit. Many clients wonder why a non-profit organization would advise them to attempt such an unrealistic program. Learn the facts before you accept a creditor counselor's assumption that bankruptcy is not a good option.
1. Consumer Credit Counseling works for your creditors, not for you. A former Assistant Attorney General for the state of Texas had this to say about Consumer Credit Counseling Services: "I think that consumer credit counseling service is intrinsically deceptive. They're funded or incorporated by the very people they are truly representing? not the consumer/debtor but the creditors trying to collect the money. I think they're a con; they pitch themselves as serving the consumer's best interest but they don't. Their promotions practices are deceptive and the consumers are being grossly misled. If they were lawyers, they'd get disbarred! Representing one-party and acting for the other? Come on! Think about it! If lawyers won't get involved in an enterprise like Consumer Credit Counseling, you know it must be bad." 2. Consumer Credit Counseling is paid by the credit industry to "help" you pay creditors. Your creditor counselor is being paid by the credit card companies. Interestingly enough, this is not a well kept secret. Information from the National Foundation for Credit Counselors reveals that up to 15 percent of each payment collected is paid to the Consumer Credit Counseling Services office. Although they describe this payment as a contribution from the creditor, in reality, it is a commission. The National Foundation for Credit Counselors materials state: "The majority of our funding comes from voluntary contributions from creditors who participate in our Debt Management Plans." Can you expect to get impartial advice about filing bankruptcy from a collection agency? 3. Consumer Credit Counseling's nonprofit status does not mean they are not making money at your expense. Consumer Credit Counseling Services makes a point of describing themselves as a nonprofit organization. Most consumers probably don't realize that nonprofit businesses operate to make a profit. Rather than distributing earnings to stockholders as dividends, the profits are paid out to the employees and officers as salary or bonuses. They make money, and a lot of it! Most hospitals are nonprofit organizations also. A company's nonprofit status has nothing to do with whether or not they are motivated to make money. As reported in the Washington Post, of the Office of the Corporation Counsel said: "Consumers should not let down their guard just because a credit-counseling agency calls itself nonprofit. It is easy to set up a nonprofit counseling agency and use the counselors to sell the services of a related for-profit company." 4. Consumer Credit Counseling often cannot reduce interest charges on credit accounts. Many people are convinced that the organization also has the ability to have finance charges reduced or waived. Information from a Consumer Credit Counseling Service web site makes it clear that they cannot always do this. In fact, the majority of creditors will not waive finance charges.
5. Consumer Credit Counseling will ruin your credit. What about your credit? The credit industry wants you to know that filing a bankruptcy can adversely affect your credit. The fact is, participating in their program can be just as bad, or even worse, than filing bankruptcy. An important overlooked fact is that you would not file a bankruptcy or participate in a Consumer Credit Counseling Services program unless you already had serious credit problems. Anyone who participates in a repayment plan through CCCS will have that fact reported on their credit. You can expect all of your credit accounts to be closed, and you can expect to have a very difficult time opening any new accounts. The result is pretty much the same as a bankruptcy, except a bankruptcy doesn't cost as much or last as long. Joining one of the CCCS repayment programs often results in lower credit scores than if you filed a bankruptcy. Here is what David Butler, in his article The Complete Guide to Understanding Credit Ratings & Credit Reports, says this about Consumer Credit Counseling: "If you ever want to get a mortgage again in the next 7 years, avoid turning your debts over to Consumer Credit Counseling Services or any other debt management service. There used to be a time when this program really made sense, and it still ought to - but now most lenders won't touch you until the Consumer Credit Counseling Services is off of your credit report. You're almost better off doing a Chapter 13 bankruptcy, if you want to start getting credit reestablished anytime in the next 7 years." 6. Your credit rating is most likely BETTER 2 years after filing bankruptcy than 3 years after entering a payment plan with Consumer Credit Counseling Services. The reason is simple. Immediately after a bankruptcy filing, which typically only takes a few months, you can start rebuilding your credit. When you are in a repayment plan with Consumer Credit Counseling Services you won't be able to do much of anything to reestablish your credit until the typical four to five year payment plan is completed.
Even worse, the derogatory information that Consumer Credit Counseling Services will cause to your credit report will haunt you for seven years after you complete the Consumer Credit Counseling Services program. Consumer Credit Counseling Services likes to call filing bankruptcy the "10 year mistake." Maybe Consumer Credit Counseling Services should call their own program the "twelve year mistake."
7. Consumer Credit Counseling's stated goal is to help your creditors. The National Foundation for Credit Counselors, the organization that most Consumer Credit Counseling Services locations belong to makes their mission clear. Their literature states: "NFCC is committed to developing, promoting and maintaining successful relationships with creditors.
At NFCC we work with creditors - one by one - to develop policies to make your customer plans successful. Our nonprofit network of more than 1,300 locations returns close to $5 billion to creditors every year. NFCC member agencies help your customers avoid bankruptcy." The bottom line is simple. The more you pay ? the more Consumer Credit Counseling Services makes. Whose side do you think they are on?
Is there a reason to be embarrassed? Because over a million people a year have filed for the past seven years, the process has changed so that there is no embarrassment.
Will I be able to get new credit? Some of our clients get cars a week after the case is closed and houses within a year.
Will Bankruptcy will destroy my life? It actually gives you a fresh start to a better life.
Will I lose control of my life? It gives back control over your life by ending the harassment, calls and payments you can't afford.
Is Bankruptcy expensive?. We offer low fees, payment plans in most cases and have evening and weekend appointments. Will I lose everything? In most bankruptcies, you keep all of your property.
Is a Bankruptcy published in a nespaper? Very few people, if any, will know about your case.
What will my future be like? In most cases, when you go through the bankruptcy process, it gives you a brighter future.
Will I lose my bank accounts? Bankruptcy will protect monies in your bank account.
What if my employer finds out? In a chapter 7, your employer will most likely not find out and even if so, you cannot lose your job.
What will I do if I have to start over? The fear should be: What would you do if you didn't have a chance to start over?
What if I don't qualify for bankruptcy? If we take your case, you will be given bankruptcy protection. We have qualified thousands of people for bankruptcy since 1973.
I don't understand anything about bankruptcy? At your first appointment, we will fully explain all of your options.
When will the harassing phone calls, garnishments, suits, letters stop? They all stop once the bankruptcy case is filed.
Will Bankruptcy will hurt my credit? Most people's credit is already bad or will be bad soon by the time they call a bankruptcy attorney. The bankruptcy gives you a fresh start.
Contesting dischargeability
Some kinds of claims against an individual debtor survive the discharge without the creditor having to do anything to protect the claim. Examples are child support, student loans, criminal restitution and judgments arising from drunk driving. Other kinds of claims survive the bankruptcy only if the creditor takes action in the short time allowed. Table of debts dischargeable and non dischargeable in Chapter 7 A creditor whose claim against the debtor was incurred by fraud, dishonesty or other forms of intentional "bad acts" or which is a non support claims which arose in a divorce may contest the discharge of his claim in a Chapter 7 bankruptcy by filing a timely nondischargeability suit and proving, to the satisfaction of the court, that the elements for non dischargeability are met. These adversary proceedings must be filed within 60 days of the first meeting of creditors or the claim is discharged. If you hold a pre bankruptcy judgment for fraud against the debtor, that judgment may be conclusive in an action for non dischargeability in the bankruptcy court. You still need to file the non dischargeability action; you may not have to prove anything more than the existence of your judgment. Debts arising in divorce:
When a divorce or separation agreement or judgment creates a debt in favor of the former spouse, those non support obligations to the former spouse may be excluded from the Chapter 7 bankruptcy discharge. 11 U.S.C. 523(a)15. The creditor spouse doesn't have to prove fraud or dishonesty; he or she must prove that discharge of the debt creates a greater hardship on the creditor spouse than excluding the debt from discharge would create for the debtor spouse. These non support, marital debts are non dischargeable only if the creditor/spouse files an adversary proceeding within 60 days of the first meeting of creditors. (The rule for support debts is different: they are non dischargeable without action on the part of the benefited party). More on family issues in bankruptcy Should I file a non dischargeability action?
Before spending time, money and emotional energy in contesting the discharge of your claim in the debtor's bankruptcy, you need to ask yourself some hard, real - world questions about why you might contest dischargeability. Consider: What is the likelihood that the debtor will have assets or income in the future from which your claim could be paid, if you were successful in excepting the debt from discharge? If the debtor is older, low skill or discredited in his field of endeavor, or subject to other substantial non dischargeable claims such as taxes, the chances of recovering money after the bankruptcy to pay your non dischargeable claim are questionable. What are the costs of litigating the nondischargeability action? How do those estimated costs compare to the size of the debt you want to collect? What is the risk that you won't prevail? Did the dishonest or malicious act create the debt or did it occur after you extended credit? Generally, to prevail, you must show that but for the dishonest act, the debt would not have arisen. Lies about intent to repay the debt, made after the debt was incurred, usually won't support a non dischargeability action, Bankruptcy Myths
Myth 1: Everyone will know you have filed for bankruptcy.
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