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Bankruptcy – How To Stop Collection Calls

Is Bankruptcy A Way To Stop Harassing Collection Calls?

Collection calls are stressful. Even more stressful is when those calls persist. If you are struggling under insurmountable debt and are receiving ongoing collection calls from your creditors it’s important to know that there is a way to stop the ongoing harassment.

Debt collectors are only allowed to contact valid customers of the company they are representing. San Diego Bankruptcy Attorney Steven F. Bliss Esq. notes:

It is not uncommon for debt-free consumers to receive harassing debt collection calls so you’ll want to double check the debt is actually owed.

Bankruptcy Attorney Steve Bliss Consultation LinkDebt collectors are expected to honor the Do-Not-Call registry where listed phone numbers may not be contacted.

Debt collectors must leave a valid identity and contact details for the company on whose behalf they are making the calls for. They must identify what company they are collecting debt for.

Messages about bad debt must be left with the person who owes the debt. They cannot be left with friends, family, or relatives of the customer. Requests in written form to stop making collection calls must be honored.

There are several ways to stop debt collection calls. The best way is to get in touch with a skilled bankruptcy attorney. A professional can guide you on how to communicate with debt collectors and what action to take when communication efforts fail. One of the options might be an automatic stay, which is the first action taken when you file for bankruptcy.

If you need to file bankruptcy and live in the San Diego Area, Contact Steve Bliss:

3914 Murphy Canyon Rd Suite A202
San Diego, CA 92123
Phone: (858) 278-2800

 

How Can An Automatic Stay Protect You?

Apart from actually receiving a discharge of debts, an Automatic Stay is probably the most important feature of filing for bankruptcy.

When you file for Chapter 7 or Chapter 13 bankruptcy, an automatic stay immediately goes into effect and prohibits most creditors from continuing with collection activities. This can provide welcome relief to debtors as well as an opportunity to regroup during bankruptcy. Because of this, the automatic stay may provide a powerful reason to file for bankruptcy.

What an Automatic Stay Protects

Here’s some information on how the automatic stay affects some common emergencies.

Utility Disconnections

An automatic stop can prevent a disconnection on utilities if you’re behind on a utility bill and the company is threatening to disconnect your water, electric, gas, or telephone service. The disconnection is prevented for at least 20 days.

Foreclosure

An automatic stay temporarily stops foreclosure proceedings. But it’s important to know that most likely the creditor will be able to proceed with the foreclosure sooner or later.

Eviction

The automatic stay may offer some help if you are being evicted, but the new bankruptcy law makes it easier for landlords to proceed. A landlord can continue just as if you hadn’t filed for bankruptcy if they already have a judgment of possession against you when you file.

An automatic stop will also not help if the landlord alleges that you’ve been endangering the property. A landlord can also ask the court to lift the stay, allowing the eviction — and the court will probably agree to do so.

Collection of Over-payments of Public Benefits

If you receive public benefits and were overpaid, the agency is allowed to collect the over-payment out of future checks – but an automatic stay prevents this collection. But if you become ineligible for the benefits, the automatic stay will not prevent the agency from denying or terminating benefits for that ineligibility reason.

Multiple Wage Garnishments

Filing for bankruptcy stops garnishments. You are able to collect a full salary, and you may also be able to discharge the debt in bankruptcy. Although no more than 25% of your wages can be taken to fulfill court judgments – up to 50% for child support and alimony, many people file bankruptcy if more than one wage garnishment is being threatened.

Educate Yourself On Bankruptcy And What Cannot Be Prevented

While an Automatic Stop can prevent these issues, there are a number of things it cannot prevent. It is in your best interest to ensure you know what those things are. A lawyer can help walk you through the particulars of your situation.

There are some instances in which an automatic stay won’t help you. Here are a few:

Certain Tax Proceedings

The IRS is still about to audit you, issue a tax deficiency notice, demand a tax return (often leading to an audit), issue a tax assessment, or demand payment of such an assessment. The automatic stay does stop the IRS from issuing a tax lien or from seizing your property or income.

Support actions taken against you. Filing for bankruptcy does not stop a lawsuit against you that seeks to establish paternity or to establish, modify, or collect child support or alimony.

Criminal Proceedings

Criminal proceedings that can be broken down into criminal and debt components will be divided. The criminal component will not be stopped by the automatic stay. (Example, if you have been convicted of writing a bad check, sentenced to community service, and ordered to pay a fine, your obligation to do community service will not be stopped by your filing for bankruptcy).

Loans from Pension

Money to repay a loan from certain types of pensions, this includes most job-related pensions and IRAs, can still be withheld from your income despite the automatic stay.

Multiple Filings

The stay automatically terminates after 30 days unless you, the trustee, the U.S. Trustee, or a creditor asks for the stay to continue if you had a bankruptcy case pending during the previous year. It will have to be proven that the current case was filed in good faith. But If a creditor had a motion to lift the stay pending during the previous case, the court will presume that you acted in bad faith. You will have to overcome this presumption in order to get the protection of the stay in your current case.

Creditors Can Still Get Around Automatic Stays – Bankruptcy

A creditor can usually get around the automatic stay by asking a bankruptcy court to remove, or “lift” the stay, if it is not serving its intended purpose. Here’s an example: you file for bankruptcy the day before your house is to be sold in foreclosure. You have no equity in the house and you can’t pay your mortgage. You have no way of keeping the property. The creditor seeking the foreclosing creditor can go to court after you file for bankruptcy and ask for permission to proceed with the foreclosure. That permission will most likely be granted.

Understanding Bankruptcy

Understanding the following aspects of bankruptcy will help you be more prepared to take the next step.

Bankruptcy Is Not Quick

Chapter 7 bankruptcy case lasts an average of four months. A Chapter 13 bankruptcy plan lasts for three to five years. A Chapter 11 bankruptcy case may last for two years or longer.

Public Scrutiny During Bankruptcy

When filing bankruptcy you must be prepared to expose your financial life to the public. You will be required to attend a meeting of creditors when you file for bankruptcy protection. During which the bankruptcy trustee (and maybe even one of your creditors) will ask you probing questions in a public room. Often this can be an extremely uncomfortable and embarrassing process.

Disclosing Your Financial Information During Your Bankruptcy Case

You must be completely honest in bankruptcy because bankruptcy courts feel that only the honest debtor is entitled to a discharge of debt. You must list all of your property, debts, and creditors. If you fail to do so you may you lose the bankruptcy discharge. Because dishonesty in bankruptcy is a serious federal crime you might also be subject to an FBI investigation.

Bankruptcy Requires Great Attention

Because bankruptcy is based on forms many people perceive it is a simple and straightforward process. But the forms contain complex questions about your financial affairs and require sufficient time to understand the bankruptcy forms before filing for bankruptcy.

Bankruptcy Discharge is Personal

Discharge is the ultimate goal of bankruptcy. It bars your creditors from ever attempting to collect debts from you and you alone, and does not eliminate the debt itself. So, for example, if you are one of the co-signers on a home loan and you file for bankruptcy, the debt is not wiped out and the lender can still seek to collect the debt from your co-signer.

It’s Not Cheap

Filing for bankruptcy can cost you a significant amount of money, especially if you decide to hire an attorney which can cost anywhere from several hundred dollars to several thousand dollars. Even if you decide to prepare and file your own bankruptcy case it can be costly because the filing fees alone are substantial. Debtors may find relief from filing fees by petitioning for a fee waiver. The court bases its waiver decision on your income, which generally must not be greater than 150% of the federal poverty level.

Working with a Bankruptcy Attorney

Bankruptcy law can be hard to understand. As you can see, there are a number of processes involved that you might not be fully aware of. Because of this, it’s highly advised that you work with a bankruptcy attorney that can walk you through the process and clarify any questions or concerns you might have. A bankruptcy attorney might also be able to prescribe options that keep you out of having to declare bankruptcy in the first place. There can be a lot of questions during this extremely stressful time.

Map To Bankruptcy Lawyer in San Diego:

Call Steve F. Bliss Esq. Today for all your bankruptcy needs!

Tax Reductions for U.S. Businesses

 

There are many suggestions offered for subtracting taxes from income to conserve the company money, but there are many complicated methods to incorporate these reductions into income tax return for business.

In some cases, it is essential to seek out a professional to apply the modifications to the income tax declarations and increase the number of earnings saved from tax duration.

Tax AttorneySince small businesses make a significant influence on the economy in different methods, there are tax deductions offered to the companies. Nevertheless, in some cases, it does need a research study to determine if one company receives the numerous deductions the Internal Revenue Service has for tax. One of the most typical is the self-employment tax. The Self-Employment Contributions Act represents the self-employment earnings. This causes the employer or company paying Social Security and Medicare taxes. Nevertheless, the self-employed individual might deduct the part of these taxes of what the employer of a company would pay.

Retirement Saving Tax Deductions

It is possible to deduct some aspects of the retirement cost savings through the Simplified Employee Pension plan or the SEP, the Saving Incentive Match Plan for Employees or SIMPLE, an H.R. 10, Keogh strategy or through contributions to an individual approach. These are on the tax return in line 28. Small company owners can deduct retirement strategy contributions for workers if the owner is a sole proprietor. Another fee is through trustees’ expenses if contributions in these strategies do not have any reductions currently. However, it is essential to understand any rules or restrictions that could apply to utilize these deductions.

Self-Employed Health Insurance
Through self-employment, an individual can deduct medical insurance and medical expenses. The medical insurance for a bachelor or a household that does not go through a business is typically one of the most expensive purchases an individual will make. However, some business owners can subtract these bills from taxes in addition to Medicare premiums that the owner voluntarily spends for. This could consist of a partner, dependents and the owner himself or herself. The self-employed service needs to net a profit to receive these deductions. The insurance strategy needs to have an established life thought about created or is under business.

When the business owner qualifies, he or she can deduct the costs of premiums of health insurance on the real first page of the income tax return. It is on line 29. The same is possible when the owner has employees, comparable to retirement cost savings. The individual can subtract costs paid for these similar strategies. While this action does not stop the owner from deducting other medical expenses, she or he could itemize them to consist of any out-of-pocket fees for health care such as prescription medication and checkouts to physicians or specialists. This does not cover the health care premiums.

Tax Savings With Ads and Promotions

For services, it is possible to subtract the expenditures for getting consumers information about the business. These expenses include what the entity will spend on advertisements and promotion. This may include advertising in the Yellow Pages, through paper print, and in magazines. Other costs might consist of television commercials, radio spots and service cards and product. Some entities might also utilize theater industrial areas. An owner may employ copy advertisements and mottos to attract service. The brand name to lead the public to business likewise costs money. To produce an online existence, the company will need a domain and hosting website. These are all deductible in taxes.

Automobile Expenses
Costs connected to automobile and truck use along with lease payments are reasonable deductibles if their purpose is for the company. However, just partial deductions are readily available if the car has a use for service and individual transportation. The business needs to preserve records of the mileage, gas payments and any other expenditures dealing with the automobile or truck. Parking costs, toll payments, repair work, insurance coverage, and even license plate costs may have deductions. When providing the details in basic tax reduction kinds, the owner requires to make sure all info represents the actual numbers and lease payments.

The Business Lawyer in Tax Deductions
When completing tax forms, it is necessary to have an organization or tax attorney assisting with the process. The attorney might make sure the documentation stood and submitted with the proper location. A tax expert might require to take a look at the details and ensure it corresponds to the real numbers to avoid possible audits or issues with the Internal Revenue Service.

 

 

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