» Personal Bankruptcy Law

Des Moines, IA (Law Firm Newswire) December 17, 2012 – Debtors used to go to prison. This no longer happens, and bankruptcy laws protect the debtor and creditor. Bankruptcy protection has an interesting history, indicated Kevin Ahrenholz, an Iowa bankruptcy attorney. It came about to protect consumers from ruthless creditors in the Old World. Unfortunately, creditors in the 21st century do not seem to be that much different. Nowadays, the bankruptcy laws in place are covered mainly under federal law, but state bankruptcy laws act to supplement the details. In other words, when someone files for bankruptcy, they are filing […]


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Des Moines, IA (Law Firm Newswire) December 3, 2012 – Credit card companies set their own interest rates, because the federal government allows them to do so. Not many know that in 1980, the federal government passed a law that let national banks disregard state usury laws and pick whatever interest rate they wanted, that was a certain number of points above the Federal Reserve discount rate. Usury means lending funds at an exorbitant rate of interest. This means the law in most states cannot regulate credit card debt, leaving bankruptcy as the only way out for many explained Kevin […]


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San Jose, CA (Law Firm Newswire) November 20, 2012 – An elderly San Francisco Bay Area woman is suing Capital One Bank and Patenaude & Felix, APC for wrongful debt collection, harassment and damages. The woman, Mrs. Mary Basich, alleges that the San Diego, California based Patenaude & Felix and Capital One Bank harassed and abused her when they tried to collect on a delinquent Capital One credit card that belonged to another person. Capital One Bank hired attorneys at Patenaude & Felix to collect the debt. The suit alleges that Patenaude & Felix accused her of being Mary Ryals, […]


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Des Moines, IA (Law Firm Newswire) November 15, 2012 – There are cases in which a debtor files bankruptcy more than once. When the economy began to decline and unemployment was on the rise, those who lost their jobs faced difficult financial choices. Many people used their credit cards to pay for bills and other expenses and racked up significant debt. Many of those people are still unemployed. These individuals are candidates for Chapter 7 bankruptcy. Some people find themselves in a position to file Chapter 7 bankruptcy more than once. Iowa bankruptcy lawyer Kevin Ahrenholz explained that a debtor’s […]


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Brandon, FL (Law Firm Newswire) November 12, 2012 – Divorce courts these days are seeing a lot fewer lawyers—and a lot more spouses choosing to represent themselves, a practice known as pro se. However, family attorneys warn that saving money on legal representation might cost people their rightful assets. “I am concerned that anyone getting divorced without legal representation may not be getting a fair deal when it comes to their financial concerns,” said O. Reginald Osenton, a Tampa bankruptcy lawyer. “In many cases, they may not fully understand their rights and remedies.” Bad economic conditions prevailing across much of […]


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Brandon, FL (Law Firm Newswire) November 5, 2012 – Debtors’ prisons have been generally outlawed in the United States since the mid-19th century. Recent reports show that legal distinction becoming blurred. The Constitution of the State of Florida, Section 11, states that “no person shall be imprisoned for debt, except in cases of fraud.” “Debt is a serious legal matter, but rightfully a civil matter, not a criminal one,” commented O. Reginald Osenton, a Brandon bankruptcy attorney. When a creditor takes a debtor to court in Florida, the creditor will likely ask the court to order the debtor to submit […]


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Brandon, FL (Law Firm Newswire) November 1, 2012 – It may sound like an exercise in despair to publicly declare one’s financial situation hopeless, but that is just what some people are doing in an attempt to rid themselves of stifling student loans. “Bankruptcy protection affords many people a measure of relief,” said O. Reginald Osenton, a Brandon bankruptcy attorney. “Student loan debt is usually not forgiven, but for truly desperate situations, there are strategies to consider.” Filing for bankruptcy protection can go a long way toward allowing a fresh start for those who find themselves in dire financial straits, […]


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Des Moines, IA (Law Firm Newswire) November 1, 2012 – Chapter 7 bankruptcy is not always the right solution for a debtor. Most debtors have a long list of questions when they make an appointment with a bankruptcy lawyer. Filing for bankruptcy is a complicated process, and people are concerned about how the decision will affect them and their credit rating. Making the right call to a qualified Iowa bankruptcy attorney will put many debtors’ fears to rest, says Iowa bankruptcy attorney Kevin Ahrenholz. Most debtors who have made the decision to seek bankruptcy protection are aware of the enormous […]


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Brandon, FL (Law Firm Newswire) October 18, 2012 – Fort Lauderdale Boat Club Ltd., recently filed for Chapter 11; the Boat Club had in excess of a reported $13 million in assets, with an estimated $10 million in liabilities. Investors purchased the site for $16 million in 2006. Losses of some $3 million in just a few years, much of which likely occurred in or about 2008 when the national economy began to collapse, appear to have been too difficult to overcome. Fort Lauderdale is home to numerous coastal areas, including many docks and residential slips for personal watercraft. Plans […]


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San Francisco, CA (Law Firm Newswire) October 18, 2012 – ConsumerBankruptcyCounseling.info, a successful provider of free credit counseling services in English now offers its services in the Spanish language, fully supported by email and a telephone helpline.Recent years have seen growth in the U.S. population and as of the 2010 census recognition of the significant place now held by people with Hispanic roots: 50.5 million strong, over 16% of this nation of 308.7 million. Since the onslaught of the recession in the fall of 2008, consumers have confronted difficult choices as: household incomes have fallen sharply; residential real estate values […]


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Des Moines, IA (Law Firm Newswire) October 10, 2012 – For those who have declared Chapter 13 bankruptcy, rebuilding credit is similar to a Chapter 7 bankruptcy. It does not matter which Chapter someone files under when it involves rebuilding their credit. The discharge, or conclusion of the bankruptcy process, is much the same in each instance. The first step for a discharged debtor is to get their name back into credit reporting data bases, with a notation that shows on time payments over a period of time. It is not complicated. It just takes work on the part of […]


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Des Moines, IA (Law Firm Newswire) October 3, 2012 – Many debtors do not believe it, but they can recover from bankruptcy. Filing for bankruptcy is a very difficult and highly emotional decision; many do not take the matter lightly, and have many questions to discuss with their Iowa bankruptcy lawyer. Some of the questions may include, but are not limited to, how to get new credit in the future, how filing for bankruptcy will affect their credit rating and whether or not they will be able to rent or buy a home. Many individuals are concerned about what kind […]


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Des Moines, IA (Law Firm Newswire) September 13, 2012 – Many debtors are surprised to discover declaring bankruptcy affects their car insurance premiums. Many Americans understand that when they file for bankruptcy, their credit reports reflect that fact. What many do not realize is that more and more auto insurance companies are checking the credit ratings of existing and potential clients. This may well affect insurance premiums, according to Kevin Ahrenholz, an Iowa bankruptcy lawyer. According to recent statistics released by Nationwide Insurance, roughly 92 percent of car insurance companies do use credit scoring to calculate auto insurance premiums. Insurers […]


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Dallas, TX (Law Firm Newswire) September 12, 2012 – A unanimous jury verdict found in favor of the plaintiff in the recent trial of Shannon Whaley v. Morris & Montgomery, Inc, and John Hickman (No. DC-10-14604) in the 68th Judicial District Court, Dallas County Texas, for violations of the Fair Debt Collection Practices Act(FDCPA), the Texas Debt Collection Practices Act (TDCPA) and the Texas Deceptive Trade Practices Consumer Protection Act (DTPA).The plaintiff was represented by Noah Radbil of Weisberg & Meyers, LLC, Attorneys for Consumers. Lockhart, Morris & Montgomery and John Hickman were represented by Robbie Malone of Robbie Malone, […]


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Des Moines, IA (Law Firm Newswire) September 7, 2012 – Filing for bankruptcy is not an easy process. It is a smart move to work with an Iowa bankruptcy lawyer. Filing for bankruptcy protection is an agonizing process. It takes a lot of thought and consideration about the consequences and whether filing for bankruptcy is truly necessary. Most people choose to file for bankruptcy by working with a competent bankruptcy lawyer, but there is the option of filing pro se. However, filing pro se still means having a good knowledge of the applicable laws, says Iowa bankruptcy lawyer Kevin Ahrenholz. […]


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Des Moines, IA (Law Firm Newswire) August 16, 2012 – Bankruptcy lawyers are often asked if active duty military may file for bankruptcy. The answer is yes. There are a lot of people who believe that active duty military personnel are not allowed to file for bankruptcy. While military personnel are held to a higher standard of conduct than regular citizens, they do not have to give up the right to declare bankruptcy indicated Kevin Ahrenholz, an Iowa bankruptcy lawyer. Even dedicated military personnel may run out of money before they have come to the end of the month, and […]


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Brandon, FL (Law Firm Newswire) August 15, 2012 – The newly-created United States Consumer Financial Protection Bureau (CFPB) recommended to Congress that people be allowed to erase some of their student loan debt if they file for bankruptcy. However, even if the change is made, it may not bring the needed relief debtors want. “Filing for bankruptcy is a viable option for many people with unmanageable debt,” said O. Reginald Osenton, a Brandon bankruptcy attorney. “However, it is important for people to understand that not all student loan debt will be discharged.” The CFPB, created to protect consumers from unfair […]


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Brandon, FL (Law Firm Newswire) August 8, 2012 – Many people today find themselves in debt. Some are surprised when a company they never heard of buys their debt and then pursues an aggressive collection strategy, which may include harassing phone calls or filing a lawsuit against the debtor. Debt buying is legal, but some collection practices are not. “If you are being harassed by phone calls from debt collectors, you should know that the Fair Debt Collection Practices Act (FDCPA) protects you,” said Brandon bankruptcy attorney O. Reginald Osenton. “Fending off debt collectors is often one of the first […]


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Des Moines, IA (Law Firm Newswire) August 6, 2012 – There are ways individuals and businesses can avoid being forced into involuntary bankruptcy. The more debt incurred by an individual or company, the higher the risk that creditors will file bankruptcy against them. This is referred to as involuntary bankruptcy, and in some cases, it may be justified. In other cases, it is necessary for the debtor to defend against involuntary bankruptcy petitions in order to avoid surrendering assets or being forced to sell them. Individuals or businesses who find themselves in receipt of an involuntary bankruptcy petition need to […]


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Des Moines, IA (Law Firm Newswire) July 19, 2012 – If one spouse declares bankruptcy, it may affect the other spouse. This depends on a number of factors. Whether or a person’s spouse will be affected by their partner declaring bankruptcy, depends on a variety of different factors. Those things may include, the income of the spouse who is not filing for bankruptcy, joint liability for debts and if they own property. No two cases are the same, which is why it is best to not assume that just because a friend or neighbor went through bankruptcy protection, that each […]


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