The other day I was scheduled to attend a continuing education conference with some of the local Arizona bankruptcy trustees. I thought I had given myself plenty of time. I arrived at the parking garage, walked inside, and immediately realized that I was in the wrong building. So I got back in my car and tried to head to the right building. I ran into a problem. The parking garage only took cash and I only had my debit card. I told the attendant that I had only been parking [...]
Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and you ask yourself the question: “who in the world is Midland Funding and why are they suing me?” First, Midland Funding is one of several companies that buy debts for pennies on the dollar and then sues folks like you. The kicker is, you may or may not actually [...]
When the bankruptcy code was amended back in 2005 one of the new requirements was that those wishing to file for bankruptcy would need to take a pre-bankruptcy credit counseling course as well as a post-filing financial management course. Pre-Bankruptcy Credit Counseling Course Often before people come and visit with me after they have done all they can to avoid a bankruptcy filing. Many times this includes participating in some sort of credit counseling or debt management course. These classes serve their purpose but will not satisfy the requirement that you [...]
Recently in Readers Digest online they posted an article on 13 Things a Debt Collector Won’t Tell You. The article discusses various techniques and approaches that debt collectors use to try and get money from you. Number one on the list was that debt collectors are taught that all debtors are compulsive liars. A few of the others were: Debt collectors are supposed to keep pushing you to find money no matter what you say. Debt collectors could care less about your “hard-luck story.” If you aren’t paying you are wasting [...]
It really goes without saying that if you are thinking of filing for bankruptcy money in your household is tight. You may be struggling to come up with gas money to get to work or buy groceries let alone coming up with a big sum of money to pay a bankruptcy attorney. People will ask me whether it worth the money you pay a bankruptcy attorney to file your bankruptcy case. Seeing that I am a bankruptcy attorney my answer is obviously going to be biased, but usually when I lay [...]
When I meet with clients to discuss their possible bankruptcy filing I go over all the different options that are out there. I will always give my opinion as to what will best serve their situation. Naturally most people are hesitant to jump into a bankruptcy case, however I try to help the people I work with understand that how bankruptcy fits into the larger financial picture and how many times it will actually prolong your financial troubles to not file for bankruptcy. I recently met with a couple who [...]
If you are being sued by Midland Funding, LLC here in Arizona you are not alone. Recently I have seen an increase in the number of clients coming in with lawsuits by Midland Funding and other debt buyers. What is a debt buyer? These are companies that have purchased delinquent debts from banks or credit card companies and then are suing through the state court system here in Arizona to collect on their purchased debts. Understanding how these debt buyers operate will help you in fighting the lawsuit they have [...]
Recently I began offering online legal services in response to a need that I saw going unmet. Specifically, people who need legal help in going through the court process but either couldn’t afford to pay an attorney or it simply didn’t make financial sense to hire an attorney because the amount in dispute wasn’t great. I recently had spoken with a person that had a situation that was the perfect example of this. This couple had been sued in the Justice Court here in Arizona by a collection agency over [...]
Over the past several years I have restricted my law practice to bankruptcy and bankruptcy related matters. Some of you know that in a prior life I did quite a bit of work in the civil litigation area, handling lawsuits and even a some jury trials along the way. After meeting with many people in my bankruptcy consultations that don’t really need bankruptcy but don’t really need a full blown litigation lawyer I have decided it would be helpful to my clients to [...]