Bankruptcy And Consumer Protecton
Most people face financial difficulty at some point in their lives – often caused by circumstances such as personal injury, illness or death in the family, unemployment or under-employment, divorce, natural disaster, or simply not earning enough income to be able to pay the bills. We know that financial stress can also take a toll on you physically and emotionally. If this describes your current situation, then we understand that you must be very worried. However, we want you to know that you are not alone.
- Are you struggling to pay your bills? Or worse, are you in debt? Call us.
- Are you receiving phone calls from creditors? Call us.
- Are you worried that you might lose your home through a foreclosure? Call us.
- Are you afraid your vehicle might be repossessed? Call us.
- Are you being sued by a creditor? Call us.
We want to give you hope, and we want to help you resolve your financial difficulty, whatever it may be. We believe that bankruptcy law exists to help honest people get a fresh financial start.
Chapter 7 Bankruptcy
Chapter 7 Bankruptcy is the simplest and most common form of bankruptcy filed in the United States. It’s the type most people think of when they hear the word “bankruptcy.” Chapter 7 is a liquidation bankruptcy that wipes out most of your general unsecured debts, such as credit cards, medical bills, utilities, payday loans, and repossession deficiencies. This is commonly known as a “Fresh Start.” The advantage of filing a Chapter 7 is that it is the fastest type of bankruptcy, with most cases completing within 90 days. Once a bankruptcy case is filed, the Court immediately puts an automatic stay, or hold, on any collection of the debtor.
Chapter 13 Bankruptcy
Chapter 13 Bankruptcy helps individuals reorganize and restructure their finances, while maintaining their property. Although some debt is paid back, it is paid back on the debtor’s terms, not the creditor’s. Chapter 13 cases typically last a minimum of 36 months to a maximum of 60 months. In a Chapter 13, there is the potential to restructure automobile loan payments, pay back tax debt over a period of time without penalties, catch up on home mortgage arrears, and discharge some debt that is non-dischargeable in Chapter 7.
In addition to representing clients with the preparation and filing of bankruptcy, we will also seek to enforce your rights against creditors should your rights be violated. You have the right to refer all collectors to your attorney. We will help to enforce the Automatic Stay and Discharge Injunctions of the bankruptcy code.
Fair Credit Reporting Act (FCRA)
Perry, Shields, Campbell & Floyd, PLLC can assist you in reviewing your credit report for inaccuracies after bankruptcy and disputing these errors. Should the creditors fail to correct their errors, we can sue them in federal court to force them to comply with the law. The FCRA specifies a consumer’s rights and provides responsibilities of companies who collect the credit information, distribute the credit reports, and use the information.
Fair Debt Collection Practices Act (FDCPA) And The Telephone Consumer Protection Act (TCPA)
Creditors can run afoul in several areas and there are several laws enacted to help consumers. The FDCPA prevents phone calls at late hours, repetitive phone calls to annoy or harass, creditors failing to identify themselves as debt collectors, and the use of profane language. The TCPA requires a creditor to stop using an automatic dialer when you ask them to stop.
For More Information
If you are experiencing financial difficulty, do not delay. Call 713-955-3102 or complete our simple contact form to schedule a consultation with an attorney at Perry, Shields, Campbell & Floyd, PLLC today.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.