Can my employer fire me because of my bankruptcy? It is illegal for a public or private employer to fire or discriminate against someone solely by reason of his/her having filed for bankruptcy, having been insolvent prior to discharge, or having failed to pay a dischargeable debt. → Read More
When, why, and why not, should I consider bankruptcy? Declaring bankruptcy if you find your self in debt is a legal and legitimate way to get back on your feet financially. If you declare bankruptcy, it can protect you from menacing creditors. → Read More
Wage Garnishment: Your Legal Rights Wage garnishment is an unfortunate reality for some people in trouble with debt collectors. But you still have legal rights. → Read More
An Interview with Debt Collection Consumer Advocate Bud Hibbs We recently interviewed Bud Hibbs, a debt collection consumer advocate and consultant for over 25 years who has written several books, is approved to teach CLE courses through the State Bar of Texas and has appeared in numerous radio and television programs including the Oprah Winfrey Show to get his take on the state of the debt collection industry in America. This is an excerpt from that interview. → Read More
Asset Acceptance Corporation: Junk Debt Collection at Its Worst The publicly traded Asset Acceptance Corporation is a junk debt buyer whose collection tactics have been deemed some of the worst in the nation. According to consumer advocate Bud Hibbs’ website, the company ‘lies, steals, cheats, misrepresents, and files bogus claims.’ While these are bold statements, consumer comments posted on the site seem to concur that Asset Acceptance Corporation continues to subject consumers to debt collection harassment. → Read More
Three Things NOT To Do When Being Sued By a Debt Collector Consumer Advocate Bud Hibbs, a debt collection expert and consultant for over 25 years, gives the top 3 things you should never do if you are being sued by a debt collector. → Read More
The Bankruptcy Means Test – How Does It Work A bankruptcy means test is what the name implies. The purpose of the test is to see if you have the means to pay for at least some of your debts before they are discharged in bankruptcy. Learn the process of calculating a bankruptcy means test. → Read More
Federal Bankruptcy Exemptions Though federal bankruptcy law allows states to opt out of most federal exemptions, a few apply in all jurisdictions. The most important are the pensions exemptions listed in this article. These exemptions are found in 11 U.S.C.’522 and can be used by anyone who is qualified to file bankruptcy in a state that allows its residents to use the federal exemptions, or by anyone who doesn’t qualify under residency requirements to use state exemptions. → Read More
What is Chapter 7 bankruptcy? Chapter 7 is the bankruptcy provision most frequently used by individuals. Those who reside in, or own property or a business in, the United States can file for Chapter 7 bankruptcy. Chapter 7 involves the complete liquidation of a debtor’s property to pay creditors and wipe out remaining debts, giving the debtor what’s known as a fresh start. It’s important to know that Chapter 7 bankruptcy will stay on a person’s credit report for ten years. However, it is likely that if you believe you need to file for bankruptcy, your credit has already been affected by your high debt. → Read More
What is Chapter 12 bankruptcy? Chapter 12 of the Bankruptcy Code is entitled “Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income.” Chapter 12 is designed to help financially distressed family farmers or fishermen who have a regular source of income to repay their debts. Read on for more information on Chapter 12 bankruptcy filings. → Read More
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