Are you struggling to pay your bills? Facing creditor harassment, lawsuits, foreclosure, or repossession? There is a solution. Call our Philadelphia bankruptcy attorneys and debt relief lawyers for your legal options. Initial consultations are free and confidential.
Solving difficult financial problems is what we do. We will listen to you and help you find the solution that best fits your situation, whether it is Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt settlement, debt defense, mortgage modification, foreclosure defense, or something else. We will fight for you inside and outside of a courtroom.
We serve all of Philadelphia and other Pennsylvania counties, including Montgomery, Delaware, Chester, Bucks, Berks, Lancaster, Lehigh, and Northampton Counties. Feel free to browse the information on our website, blog, and FAQs and ask us questions. Or call us at 215-248-0989 to speak to an attorney. We're here to help.
Are you struggling to correct false information on your credit report? Under the Fair Credit Reporting Act (FCRA) you may be entitled to compensation from the creditor and the credit reporting agency for false credit reporting. For more information, read our FCRA page and our new blog post: "How to File A Fair Credit Reporting Act Lawsuit in Pennsylvania."
Life happens, and sometimes an individual may have to file for bankruptcy more than once. Although the Bankruptcy Code sets out when you can refile, the rules can be confusing. For more information, please see our new blog post, How Often Can You File For Bankruptcy?
It is a common myth that income taxes are not dischargeable in bankruptcy. Although it is true that most taxes are not dischargeable, certain federal, state, an local income taxes are an exception. For more on discharging income taxes, see the updates to our popular post, "You Can Discharge Income Taxes in Bankruptcy."
The Department of Veterans Affairs (VA) has asked mortgage servicers to pause foreclosures on VA-guaranteed loans. The pause will last until until May 31, 2024. In addition, the VA is extending some mortgage assistance programs set to expire.
BEWARE OF POST-BANKRUPTCY SCAMS
Recently, scammers have attempted to get people who filed for bankruptcy to pay discharged debts, sometimes impersonating attorneys. If someone calls asking for additional funds after your discharge, contact your attorney.
https://www.bankruptcylawyerpa.com/posts/common-bankruptcy-and-debt-collections-scams
Facing foreclosure? Don't lose hope! Chapter 13 bankruptcy is a potential lifeline to save your home. Learn how this legal solution can help you restructure debts, protect property, and regain control of your financial future.
https://www.bankruptcylawyerpa.com/posts/chapter-13-bankruptcy-can-save-your-home-from-foreclosure
The Department of Education has agreed to cancel over $6 billion in student loans for students defrauded by for-profit colleges. The agreement, if approved, will settle ongoing litigation. Click on the link below to see the schools involved:
Check out our answers to bankruptcy, debt, and consumer law questions on AVVO. Over the years we have answered hundreds of questions ranging from dealing with collections, lawsuits, and foreclosures to common and complex bankruptcy topics.
https://www.avvo.com/attorneys/19118-pa-daniel-mueller-26481.html
The Department of Education has extended the current pause/moratorium on government-backed student loan payments, interest, and collections through August 31, 2022.
Student loan processor Navient has agreed to cancel $1.7 billion in student loan debt as settlement of a predatory lending suit. We are reviewing the settlement to see if and how it offers relief to our clients with Navient loans.
https://www.nytimes.com/2022/01/13/business/navient-student-loans.html
My answer to: What recourse do I have if a debt collection firm is not honoring my settlement agreement http://rpx.me/1/NHLw
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As Philadlephia bankruptcy and debt lawyers, we help our clients end debt collector harassment, stop foreclosures or sheriff's sales, eliminate or restructure consumer debts, discharge or restructure back taxes and penalties, get rid of business and medical debt, and deal with other financial issues. To learn more, click any of the buttons below:
Our bankruptcy attorneys get results by providing our Philadlephia Area clients with options tailored to their unique situations. Just as important, we are responsive and dedicated to keeping our clients informed throughout the legal process. See what our clients have been saying about us for years.
Chapter 7 bankruptcy offers a fresh financial start. In Chapter 7 you can:
Chapter 13 bankruptcy restructures debts. In Chapter 13 you can:
In debt settlement (or debt negotiation), an attorney negotiates with your creditors so you can:
Unlike many "credit counseling" and debt settlement companies, we will help you determine if a settlement is in your best interest and make sure you understand the alternatives.
We provide a range of solutions to fit your financial situation, including:
Debtor Defense - Fight collection lawsuits by creditors and debt collectors.
Foreclosure Defense - Fight your foreclosure and hold lenders accountable for their mistakes.
Mortgage Modification - Change the terms of your mortgage to clear arrearages and modify your payment.
Business Debt Defense - Defend against unreasonable creditors harassing you or your business.
Effective and aggressive representation in civil litigation matters, including:
Financial and Debt Litigation - Personal and business financial disputes.
Real Estate Litigation - Residential and commercial real estate disputes.
Insurance Bad Faith - Wrongful claim denials.
Personal Injury - Obtain compensation for injuries from vehicle accidents, premises liability, medical malpractice, products liability, and other.incidents.
Consumer protection laws can help you fight back against financial abuse:
Fair Debt Collection Practices Act (FDCPA) - Sue abusive debt collectors.Fair Credit Reporting Act (FCRA) - Make creditors pay for false credit reporting.Service Members Relief Act (SMRA) - Protections for those who serve.
Financial and Other Consumer Fraud - Make consumer fraudsters pay.
Criminal Defense - When bad things happen to good people.
You may wish to review your financial situation with a bankruptcy attorney if you are experiencing any of the following:
A good bankruptcy attorney will review all of your options with you, such as debt settlement, debtor defense, mortgage foreclosure defense, and mortgage modification, not just bankruptcy. In fact, a visit to an experienced bankruptcy attorney may help you avoid bankruptcy, if there are viable alternatives. If you do need to file for bankruptcy, your attorney should thoroughly explain the chapters of bankruptcy available to you and the pros and cons of each. >>More
If you are behind on your house or car payments, Chapter 13 allows you to pay back the missed payments over time (typically 36 to 60 months). As long as you have sufficient income to make your current house or car payments as they come due and make the Chapter 13 plan payments, Chapter 13 can enable you to keep your property.
Example 1: Let’s say that John and Marie’s mortgage payment is $1,000 per month, and they are 8 months behind on their payments. How do they get caught up on the $8,000 in back payments? If John and Mary file for Chapter 13 bankruptcy, they can pay the arrearage over time through the Chapter 13 bankruptcy plan over 36 to 60 months. In the meantime, they will begin making their regular mortgage payment to the bank as if they were current. This will enable them to keep their house.
Example 2: Let’s say Bob owns a car that is worth $20,000, but he owes $17,000 on his auto loan. Bob is 5 months behind on his auto payments of $300 per month, leaving him with an arrearage of $1,500. If Bob files for Chapter 13, and begins making his regular car payment, he can pay back the $1,500 through the Chapter 13 plan.
Quick Note: In Chapter 13 cases in the Eastern District of Pennsylvania, you continue to make your house payments directly to the lender. However, your car payments may be made through the plan. You may even be able to reduce the balance, interest, and payment on your car loan or some other secured loans through a bankruptcy cramdown. >>More
In most cases, the answer is yes. In Chapter 7 cases, it depends largely on how much equity you have in your home or vehicle. (Equity is the difference between what you owe on an item and what it is worth.) For the most part, if (1) the equity in your house or auto is not more than the exemption for that type of property, and (2) you are current on your payments, you can keep it. (If you are behind on your home or car payments, you may need to consider Chapter 13.)
Example 1: Bob and Mary are married and own a home in Montgomery County worth $140,000. They owe $100,000 on the mortgage loan. After subtracting the value of the home ($140,000) from the amount they owe ($100,000), they have $40,000 in equity in their house. The current federal exemption for equity in a home is $50,300 for a married couple ($25,150 for an individual). Because the amount of Bob and Mary’s equity ($40,000) is less than the exemption of $50,300, John and Mary can exempt all of the equity in their home. Thus, as long as Bob and Mary are current on the payments at the time of filing and continue to make payments during and after their bankruptcy, they can keep the home.
Example 2: Jane owns a car that is worth $12,000. She owes $10,000 on an auto loan, leaving her with $2,000 in equity in the car ($12,000 minus the $10,000 loan). There is an exemption of $4,000 for motor vehicles. Because her equity ($2,000) is less than the available exemption ($3,450), Jane’s equity in the vehicle is exempt. As long as Jane is current on her auto loan payment and continues to pay on time, she can keep the car. Some auto lenders require a “reaffirmation agreement,” which we will discuss elsewhere.
For most people considering bankruptcy, their credit is severely damaged already. If that is the case, bankruptcy may not make much difference in your credit rating in the short-run. However, in the long-run, bankruptcy can be the first step to rebuliding a solid credit ratiing and better financial future.
A Chapter 7 bankruptcy remains on your credit for up to ten years, and Chapter 13 reamins for 7 years. The time runs from the date you file your bankruptcy case. However, that does not mean that you will not be able to reestablish your credit for ten years.
Because you discharged debts that you could no longer pay, you are in a better position to rebuild your credit than if you could not meet your payments. From a lender’s perspective, a customer with a lower debt load is more attractive than a customer who is maxed out and paying late. For that reason, many debtors have impoved their credit ratings enough to obtain a mortgage within two to three years of filing, if they have taken the steps necessary to reestablish their credit. Auto loans are usually available much sooner.
We make a point of providing our clients with the information they need to rebuld their credit after bankruptcy. For more on life after bankruptcy, see our post: Bankruptcy and Beyond. >>More
Debt settlement can be a good option for resolving debts, including judgments. Many creditors will negotiate lump-sum settlements of debts or, in some cases, payment arrangements.
However, negotiating with creditors or debt collectors without the asistance of an attorney can be costly. Often, an attorney can help you reach a much better settlement than you could reach on your own. However, debt settlement can have tax and other financial consequences.
It is important to explore all of your options before committing to debt settlement. At the least, before entering into negotiations with a creditor over any significant debt, be sure to speak to an with an experienced debt settlement attorney. >>More
Regardless of whether a creditor has a judgment or not, there are limits to what it can do to collect a debt. The actions of debt collectors are limited by the federal Fair Debt Collection Practices Act(“FDCPA”), the Pennsylvania Fair Credit Extension Uniformity Act (“PFCEUA”), and other consumer laws. Common acts, such as impersonating an attorney or law enforcement officer, threatening arrest, calling in the middle of the night, etc., are forbidden.
Likewise, providing false information about a debtor’s accounts to the credit bureau is a violation of the Fair Credit Reporting Act (“FCRA”). Violations of any of these acts can result in the debtor paying you damages and your attorney’s fees.
Use this form to contact our bankruptcy and debt lawyers, or give us a call at 215-248-0989. We offer free debt evaluations, including phone or video (Skype, Zoom, Facetime, etc.).
You will speak with an experienced attorney and get real answers to your financial questions.