Services
Bankruptcy Services
Resolving Garnishments
Preventing Foreclosure
Defending Consumers Sued by Debt Collectors or Creditors
Resolving Collection Accounts and Stopping Debt Collector Contacts
Resolving Judgments
Resolving tax issues
Correcting Credit Reports
Resolving Other Debt and Credit Issues
If you are experiencing financial difficulties, you do not have to face them alone. Our office can help. Our practice is focused on individual consumer bankruptcy matters, including foreclosure defense and Chapter 7 and 13 cases.
We can also help clients who want to avoid bankruptcy. Please see our other services discussed below.
Whether you choose bankruptcy or another of our services, we can help you stop lawsuits, garnishments, and creditor contacts.
We offer the following bankruptcy services:
- Free preliminary bankruptcy phone consultation,
- Chapter 7 and Chapter 13 bankruptcy filing services,
- Reduced fees for filers meeting certain hardship criteria,
- Consulting services for consumers filing bankruptcies on their own behalf, and
- Extensive information in our Bankruptcy Resource Center.
With 1.8 million foreclosures in the U.S. in the first half of 2009 alone, many people find themselves facing the prospect of losing their home. But, homeowners can often avoid foreclosure if they take action early in the process.
Many lenders and servicers are taking voluntary steps to keep homeowners in their homes. These might include temporary forebearances or temporary reductions in mortgage payments.
And, homeowners do not have to be behind on their mortgages before they start a conversation with their lenders. Particularly in cases where a homeowner suddenly becomes unemployed, it is important to start discussions with the lender while the homeowner is still current.
In fact, the government programs discussed below offer lenders financial incentives for modifying loans while they are still current.
The homeowner should also check to see if the Home Affordable Modification Program (HAMP) or Home Affordable Refinance Program (HARP) can help them. There are other programs that can help as well.
There is a lot of confusion on the part of lenders and loan services, however. Homeowners and their representatives need to be familiar with how the programs work so they can ensure the lender or servicer is properly applying the programs to the homeowner’s situation.
If none of these programs is an option, bankruptcy might help a homeowner avoid foreclosure.
The above assumes the homeowner wants to stay in his or her home. If this is not the case, then a short sale or deed in lieu transaction might let the homeowner avoid deficiency judgments (assuming the house is worth less than its mortgage(s).
We can help with any or all of these options.
For more information on these options, see our blog category “Foreclosure.”
If you, your employer, or your bank has been served with a garnishment, we can help.
If your bank account has been garnished: your funds may be exempt from garnishment based on their source. And, even if the funds can be garnished, you may be eligible to use a “wild-card” exemption to exempt up to $6000.00 of your funds.
Our office can help you determine whether these exemptions apply to you, and can help you file the appropriate paperwork.
If your wages have been garnished: even though the exemptions discussed above usually do not apply in cases of wage garnishment, you may still be able to argue that the garnishment should be denied because it will not leave you with enough income to pay for basic necessities like rent and food.
Our services include both full representation and consulting services for people representing themselves.
Representation: We can help you consider all options and handle the case for you.
Consulting services: If you prefer to handle your matter yourself but you just need assistance filling out the court forms linked below, we can help.
MARYLAND residents with BANK garnishments:Â use this link for self-help information.
DC residents with BANK garnishments:Â use this link for self-help information.
Defending Consumers Sued by Debt Purchasers or Creditors
Many consumers ignore debt lawsuits because they think they don’t have a defense or because they are unable to pay back a debt. But, defendants have many options. Some are discussed below.
Most importantly, you should not ignore a debt lawsuit. If you do, the Plaintiff is likely to get a judgment against you. Such judgments can complicate your life for many years to come.
Our services include both full representation and consulting services for people representing themselves.
Representation: We will help you evaluate your case and consider all options. Your options might include:
Defenses. You might have defenses to the lawsuit.
Counter-claims. You might have claims against the party suing you.
Settlement. The party suing you might not have a strong case and / or might be willing to settle for less than the amount of the lawsuit.
Bankruptcy. Bankruptcy might also offer relief from a debt-related lawsuit.
Consulting services: If you prefer to handle your matter yourself but you need assistance with legal research, a negotiation, or another non-litigation separate service, we can help.
Resolving Collection Accounts and Stopping Debt Collector Contacts
If a debt collector contacts you, it is important to determine (1) whether he or she has legal authority to collect the debt, (2) whether or not you owe the amount he or she says you owe, and (3) whether he or she has violated any laws in trying to collect the debt.
We can help you establish whether the debt collection is legitimate, what amount you rightfully owe ( if any), whether the debt collector might settle for less, and whether other legal issues might arise in your particular situation.
And, if we represent you, the debt collectors must stop contacting you and must communicate with our office.
Our services include both full representation and consulting services for people representing themselves.
Representation: We will help you evaluate your case and consider all options. Your options might include:
Defenses. You might have defenses to a debt collection.
Counter-claims. You might have claims against the debt collector contacting you.
Settlement. The debt collector might not be able to substantiate the amounts he or she is seeking and / or might be willing to settle for less.
Bankruptcy. Bankruptcy may also offer relief from collection activity.
Consulting services: If you prefer to handle your matter yourself but you need assistance with legal research, a negotiation, or another non-litigation separate service, we can help.
Even after a debt collector or creditor has a judgment against you, you still have options.
You may be able to appeal the judgment. The judgment Plaintiff may be willing to settle for less than the amount of the judgment. Or, you may need to resolve the judgment in order to improve your credit or get a security clearance.
Our services include both full representation and consulting services for people representing themselves.
Representation: We will help you evaluate your case and consider all options. Your options might include:
Appeal. You might have grounds to appeal the judgment.
Settlement. The Plaintiff might be willing to settle for less than the amount of the judgment.
Bankruptcy. Bankruptcy might also allow you to avoid paying a judgment.
Consulting services: If you prefer to handle your matter yourself but you need assistance with legal research, a negotiation, or another non-litigation separate service, we can help.
Debt that is canceled, forgiven, or discharged is often called Âdischarge of indebtedness (DOI) income. Consumers are sometimes taxed on DOI income. A creditor will often send a tax form called a 1099-C showing that the consumer has “taxable” income because his or her debt was “forgiven.”
But, consumers often receive these tax forms when they do not actually owe tax. There are several exceptions to the rule that discharge of indebtedness (DOI) income is taxable.
But, a creditor or debt collector is unlikely to research a particular consumerÂs situation. It will generate the tax form and leave it to the consumer to prove to the IRS that an exception applies.
So, upon receiving a 1099-C tax form, the consumer and his or her attorney and / or tax professional must evaluate whether the consumer should be taxed on the DOI income or not. If you should not be taxed, your attorney or tax professional can document your exception to the IRS.
There are many exceptions, but some of the most common are listed below. If you meet certain criteria, you should NOT be taxed on DOI income, even if you have received a tax form.
Even if you do not meet these criteria, other exceptions may apply. You should discuss your situation with an attorney or tax professional if you receive a 1099-C from a debt collector or creditor.
Common situations in which DOI income may not be taxable:
* The debt was discharged as part of a bankruptcy.
* The debt was discharged while the debtor was Âinsolvent.Â
* The debt was disputed by the consumer.
* Forgiveness of interest and fees is often NOT taxable.
Our services: We can help you (1) evaluate whether you have taxable income and (2) document your situation to the IRS.
Our credit reporting practice is geared towards helping consumers detect and resolve credit reporting problems on their own behalf. This helps consumers save time and money in correcting their credit reports. See this link for preliminary self-help information.
During a consultation, the attorney will explain the steps the consumer needs to take to resolve his or her particular credit reporting problem. If applicable, we will also provide sample letters and contact information for the credit reporting bureaus and / or creditors in question.
But, if the consumer is ultimately unable to resolve a problem and he or she needs representation, we are here to help.
See also our blog category on this topic:Â Credit Reporting
And see this link for preliminary self-help information
Resolving Other Credit and Debt Issues
If you have another legal issue related to credit or debt, we may be able to help.
Our services include both full representation and consulting services for people representing themselves.
Representation: We can help you consider all options and handle the case for you.
Consulting services: If you prefer to handle your matter yourself but you need assistance with legal research, a negotiation, or another non-litigation separate service, we can help.
