Archive for the ‘Debt Settlement’ Category

Rubin and Rothman froze my bank account but I dont want to file for Bankruptcy

Tuesday, April 26th, 2011

Let me just say something here. Our offices do Chapter 7 Bankruptcy work across all 5 boroughs and Long Island and we still have many of these issues arise from clients. Let me be honest with you….if you have a bank account thats frozen, it’s likely, not guaranteed, but likely that you have plenty of other debts in your name. Debts you cannot afford to pay. Debts that have built up interest and penalties for years and years and years. Get rid of them if you want to get a fresh start in your financial life.

I’m not allowed to offer advice here really. Its supposed to be an informative blog that lets you know about recent issues in the Bankruptcy and Real Estate field, but lets be real for a second. If you’re settling some debt for 50% of what its worth, but you have $20,000 in other debt that you cant pay off, whats the point of settling that debt. If you could file a Chapter 7 Bankruptcy and be done with them all, for a fraction of what it would cost to settle each one, why wouldn’t you? Think your credit will be worse off? Not true. I can show you articles and studies. Think they’re going to take your stuff? Unlikely. New York has some of the most liberal exemptions in the Country now (thanks Governor Patterson-he never heard that phrase much, did he?). There is zero reason to unfreeze your bank account by settling on debts IF you have plenty of other debts you can’t pay. Why? Because those other creditors will likely try and freeze your accounts. Now we’re back to square one.

Look, to be honest, lawyers get paid either way. If they’re settling court cases or filing Bankruptcy. But I can’t express how much better Chapter 7 usually is for peoples livelihoods, pockets, and credit. Once you get around the whole “stigma” surrounding Bankruptcy, you realize how much more it can do for you. I know I sound like Im selling Bankruptcy Time Shares, but its really the case.

Like a warm and loving family member, we are here for you. Unlike a warm and loving family member, we will not ask to borrow your car.

Mel S. Harris served the wrong address in New York and a bank account was frozen

Thursday, January 6th, 2011

A client came to us last week with a story that is all too familiar in New York. She was being sued by Mel S. Harris & Associates, a collection law firm in New York. Her bank account ( actually her husbands bank account) was frozen. She never received any summons and complaint. Never received any Notice of Motion for Default Judgment (which is an action a creditor takes in Court when you don’t respond to a summons and complaint in New York). She wasn’t even aware that any debt existed under her name. All she knew was that thousands of dollars were now frozen. We were able to unfreeze the account and have the case dismissed in less than 48 hours. That doesn’t guarantee that the same result will happen in each and every case. The lawyers there, after we showed them proof that our client did not live at the address where she was allegedly served, were quite courteous and did the right thing. However, I need to stress that if your account is frozen in New York by a credit collector, the last thing you should do is call them immediately and try and settle the debt. Literally, in my opinion, the worst thing you can do. There are just so many defenses available to you in these types of cases. Many times you’re not served properly. Many times the credit collection law firms like Pressler & Pressler, or Foster & Garbus or Cohen & Slamowitz may not have the necessary proof to collect on these debts. There are FAR too many cases that I see, where, if someone saw a lawyer beforehand, they could actually save thousands of dollars. This isn’t one of those “Oh come in and well aggressively fight for your rights” sales speeches. This is real. I see this everyday. People are paying extraordinary sums to companies that may not even own the debt. They’re paying money to people who didn’t do what is required by law. The least you can do is investigate whether or not you legitimately owe this money.

I received a Summons and Complaint in the mail, should I file for Chapter 7 Bankruptcy?

Thursday, September 9th, 2010

So…you’re getting sued.  Well, we previously discussed on this blog what happens when you get sued by a Creditor in New York and the available defenses you have. But lets say the Creditor served you properly, and you recognize the debt and it is an amount you owe.  What now?  Two choices.  You can either settle the debt, or you can file for Chapter 7 or Chapter 13 Bankruptcy in New York.  If you settle the debt it could take you months, and your credit will still be in rough shape.  In addition, they can actually write off the debt and make you liable for a percentage of what you paid.  But putting that aside, the best thing to do is to be realistic.  You’re not getting sued by a Creditor because you have a ton of cash lying around and you just dont feel like paying; you’re getting sued because you can’t afford to pay.  If thats the case then why waste your money attempting to settle over a long period of time and paying thousands upon thousands of dollars when you have other credit card bills that you can’t afford to pay.

Here’s an example to illustrate:

You’re being sued for 10,000.  You decide to settle.  You, after weeks of negotiating, settle for $6,000.  You now have to make $600 monthly payments, further distressing the amount of money you have to use. Plus you now likely can’t afford to pay your other credit card bills.  And to top it off, if you miss even ONE payment, the Creditor can say “No Deal, whole thing is now due”.    And, by the way, you’re still in a ton of debt.

OR

For about 1/3 of the price (approximation and depends on each individual case) you can file Chapter 7 Bankruptcy and get rid of all of your debt in 4-5 months and keep the $600 a month from going to your creditors in the above situation.

Again, YES, I am a Bankruptcy Lawyer in New York so obviously I prefer that you file for Bankruptcy.  But its not self interest.  It literally is because you save THOUSANDS, and don’t have to deal with the above nonsense.  It literally is the smart choice in almost ever single situation.  Contact us to find out more.

National Association of Consumer Bankruptcy Attorneys ATTORNEY ADVERTISING: We are a debt relief agency, we help people file for Bankruptcy under the Bankruptcy Code. Past performance is no gaurantee or future results. This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
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