Debt Settlement

Decisions, Decisions. Bankruptcy or Debt Settlement?

If you have read my blog at all you have likely read my mantra that “no body wants to file for bankruptcy”.  Sometimes it is just flat out necessary.  But how do you know if bankruptcy is the right choice? On more than one occasion I have met with families where they are bound and determined to file for bankruptcy when bankruptcy clearly is not a good option.  The opposite is also true.  Some people want to avoid bankruptcy at all costs when in reality there isn’t any other option [...]

The Myth of Bank Loyalty

On a fairly regular basis I have people that come into my office who desperately need to file bankruptcy but hesitate in doing so because of their concern over damaging what they view as a strong relationship with their bank.  They often say “I can’t do this to my bank, we have had such a great relationship.  I have had a credit card with them since I was 18 years old!”. It is understandable that people believe they have a “close” relationship with their bank.  This is what banks and other lenders [...]

Bankruptcy vs. Debt Settlement – New Podcast Episode

As I have said before, no one wants to file for bankruptcy.  And because of that one of the first questions people ask me is if a debt settlement would be a better alternative to bankruptcy.  In this episode of the Consumer Warrior podcast I discuss three questions that you need to ask yourself in determining if debt settlement is a viable alternative to filing for bankruptcy.  

Bankruptcy v. Debt Settlement

If you are thinking about bankruptcy you have no doubt thought about debt settlement.  In this episode of the Consumer Warrior I go over the pros and cons of both bankruptcy and debt settlement and when each remedy is appropriate.  I will go over the three questions I ask every client to determine if debt settlement is a good option for their debt problems. Resource of the Week:  This week I discuss the website Bankruptcy Law Network.  It is a great site/blog that provides tons of information on bankruptcy and [...]

Your Debt Game Plan: Step 1 Secured vs. Unsecured

If you ever hope to get out of debt you must have a debt strategy. Worry alone will not change your situation. But before you can even put a debt strategy together, you need to really understand what your debts are, what type of debt you have, and what approach you should take for each of them. How Much Debt Do You Have? This should be a gimme.  But in a surprising number of cases when I meet with people they really have no idea how much debt they have.  Usually [...]

#1 Way to Eliminate Debt & Midland Funding Trial Tactics

Week in Review New to this episode of the Consumer Warrior Podcast is the “Week in Review”.  Each week in the podcast I will go over a legal issue raised in one of my cases or brought up by a client.  Hopefully my answers can help you as you deal with your own debt situation.  In this episode’s “Week in Review” I go over a recent trial I had with Midland Funding and some of the tactic you can expect in debt buyer trials. Bankruptcy 101 Despite your best efforts [...]

4 Strategies if You Lose Your Debt Collection Lawsuit

What if you lose? You got sued.  Did your research. Presented your case.  And the judge said tough beans, you lose, time to pay the piper (or debt buyer). Now what you do? While I have said time and time again that almost none of the debt collection lawsuits filed by Midland Funding and the other debt buyers are legally sound, at the end of the day the final decision isn’t up to you or me. Anytime (and I mean anytime) you go before a court with a dispute there [...]

The X Factor in Your Midland Funding Lawsuit

Did you know that most lawsuits settle well before they ever get to trial?  In Arizona, the percentage of civil cases that actually go to trial is in the single digits. In fact, for attorneys that work as civil litigators it is becoming more and more difficult to get trial experience.  A big reason these cases settle prior to trial is cost.  Lawsuits are expensive for all involved.  Another reason people settle rather than having their day in court is what I call the “X” Factor when it comes to [...]

The True Cost of Debt

Debt hurts.  It hurts your pocket book.  It hurts your relationships.  It hurts your mental well being. It hurts your confidence.  The price you pay for your debt is not only that monthly minimum payment on your credit card or the giant mortgage payment; the true price is often paid in the collateral areas of your life. In my bankruptcy/consumer law practice I see the negative impact debt has on family relationships.  After bankruptcy consultations with married couples it is not uncommon for one spouse to start blaming the other [...]

Bankruptcy by a Thousand Bills

“I can’t believe it has come to this.”  Often when I meet with people in the initial bankruptcy consultation they tell me that they are frustrated, embarrassed, and really in a state of disbelief that their debt situation has reached this point.  If you have never had debt problems you may find it hard to believe that someone “doesn’t know” how they got to the point of  needing to file for bankruptcy.  But if you have dealt with an unexpected job loss, reduction in income, sky high medical bills, or any [...]