Bankruptcy Attorneys Get Down

For some reason a gathering of mid-level bankruptcy professionals made it into the news recently. They met at a bar, some networked, others found new clients, and others just came for the fun. Sources reveal that all of the young executives were enjoying themselves thoroughly.

Perhaps one of the only industries flourishing in today’s economy; the corporate restructuring profession is experiencing an upswing. According to statistics, U.S. business bankruptcies climbed up to 38% in 2009 from the year before. That’s a pretty big change.

This increase inspired advisory firms into bulking up their practices with new “turnaround experts,” young lawyers who burn the midnight oil in order to handle the blitz of bankruptcy cases. Without a doubt, established pros have enjoyed one or two good company-approved networking outings; wine tastings, makeover and martinis groups, and golf are just a couple of examples. Unfortunately, this leaves only the less experienced attorneys to work at a desk into the night.

This wasn’t the first gathering that was like this. December marked the first get together of the “Turnaround Underground” posse. Oops did I say posse? I meant gathering. Turnaround Underground gathering. Some attorneys came to network. Some attorneys came looking for love in all the wrong places. “You can meet your best friend here, meet your significant other here. This is not all about business” a starry eyed lawyer cooed. But some of the party-goers managed to leave work at work, loosening their ties, kicking up their feet, and enjoying a drink.

Fashionably late, attendees stormed the bar minutes after the get together officially started at 7 pm in a classy New York City nightspot. Within 45 minutes, there were BlackBerrys, business suits, and beer as far as the eye could see. In fact, one unruly attorney who wisely declined to be named was quoted as saying “Everything is better with beer.” All in all, it seems as though Turnaround Underground is a success.

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Bankruptcy: Automatic Stay And How It Protects You From Creditors

U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will usually halt the commencement, enforcement or appeal of actions and judgments against a debtor from the creditors they owe money to that are attempting to collect these debts incurred prior to the bankruptcy petition. In addition, the automatic stay protects property of the bankruptcy estate itself from collection actions and proceedings.

If a creditor violates the automatic stay are voided out. Any violation of the stay may cause the violating party to incur damages for the violation. But, like every complicated law, there are exceptions. A creditor may be permitted to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

After a petition is filed, the court will grant the motion or provide security to the creditor, which ensures that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these attempt to limit the risk of the legal system encouraging the downfall of a financially unstable debtor who hasn’t declared bankruptcy yet. The bankruptcy system will typically reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Even though these rules seem simple, a few exceptions exist in each category of avoidance action.

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Massachusetts Toughens Rules For Small Claims Collection Lawsuits

The Massachusetts Supreme Judicial Court reported last week that it has modified some of the rules governing the use of small claims courts. The Court said that the changes were constructed specifically to address the load of debt collection cases that are filed in small claims courts.

The rule changes come on the suggestion of the Small Claims Working Group, a panel of legal experts that was convened in 2006 to analyze and improve current small claims practices. In a press release describing the changes, the Supreme Judicial Court noted that While the rules apply to all small claims matters, there will be a major impact on debt collection cases. The changes address many of the affairs labeled by the Working Group in collection cases, and four in particular: increased genuineness of service, incompletely detailed claims, increased analysis of default judgments, and notice to the court when a judgment is paid.

Adam Olshan, an attorney with Law Offices, Howard Lee Schiff, P.C. in Worcester, Mass., agrees that some collection law firms will be affected. This will impact the high-volume collection law firms.

But Olshan, who was on the Working Group representing credit card issuers, noted that most collection law firms ” including his own ” do not make use of small claims courts. If the plaintiff fails to confirm the address, the court may not enter a default judgment if the defendant later fails to appear for trial.

The changes also add enhanced scrutiny to default judgments that are entered. New small claims laws require plaintiffs to send word to the court in writing when a small claims judgment has been paid in full, or be responsible for any reasonable costs incurred by the defendant in later establishing that it was satisfied.

Another requirement is that the magistrate or judge is to analyze the terms of any agreement for judgment with the parties if they are present in court. This makes certain that the court does not order or otherwise endorse any private payment agreement that relies on exempt sources of income. This avoids any arbitrary surprise to the defendant by delaying any levy on the judgment until the defendant has had an opportunity to pay as ordered or to attend a payment hearing.

Rapid Recovery Solution is a credit debt collection agency.

Fake Debt Settlement Schemes To Be On The Lookout For Part Two

In the last article I spoke about potentially shady debt consolidation schemes that you should be on the lookout for. Read on to find out more:….

In the meantime, your creditors are not being paid. Unfortunately, while you are accumulating that payment, you are not paying your bills and you may be delving further and further into debt.Instead of taking this gamble check out a nonprofit credit counseling firm that may charge you only twenty dollars, if anything. Instead of billing the debtor, these counselors will typically get what is called a fair share percentage payment from your creditors after you have been paid.

Finally, and most importantly, DON’T invest your trust in the debt consolidation counselor who tells you that “We will handle everything. You should cease all communication with your creditors.” Even though the fact that the idea of not speaking to creditors and ignoring their mail sounds like a real load off of your back, ultimately, it is your debt and your credit score at hand. Never send in a change of address form directing all creditor mail to a debt settlement company.

It is key to remember that the creditor is the one with whom you signed your contractual agreement. When all of your statements are being sent to the debt settlement company, you relinquish that control. You do not know how much in late fees and interest are being tacked on. You also will not know if your debt has been transferred into collections.

A few final words of wisdom. If you believe that you need debt settlement, try debt management first. Call up your creditors and request suspended payment, reduced interest or any other payment terms that may suit your financial situation in a more favorable light. Even though it might seem like a long shot, or a pain, it is always very important if you are about to miss a payment to call your creditor and say “Listen, I can’t make this month’s payment. I’d like to work something out with you.

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Cali Collection Company Attempts to Get Fit And Healthy

A collection agency based in California produced a plot to motivate and educate employees to live healthier lifestyles in early January. There are twenty eight employees at the agency; more than half are currently participating in the initiative.

All of the parties involved have made a goal to lose ten percent of their total body weight by the end of June. Every Monday morning weigh-ins are scheduled and employees have an opportunity to win two cash prizes for losing five percent of their body weight by the end of March, and then another five percent by the end of June.

The Agency’s executive alleged that he had been considering the initiative for quite a while. He says it’s perfect for the stereotypical office setting that is fraught with unhealthy eating, and employees taking breaks to get fast food. He made note of the fact that trying to make employees lose weight was more cost efficient than actually obtaining health insurance for his workers.

In a ploy to get employees to live healthier, the agency has sporadic lunches and “education track meetings” once a week. The meetings are supposed to assist employees target and plan for their weight loss goal. So far the program has been a success. The collection company has collectively lost 72 pounds to date. That’s the size of a small child.

The program works to produce a better all around worker. It follows that a worker that is less stressed will be more efficient and motivated. While a really relaxed debt collector does not seem like they would be the most efficient worker, it all seems like a good idea. As the government tries to sort out the health care system, perhaps it is time that more companies like this take this route. If employees cannot get health insurance, health initiatives and goals at work could be the next best solution.

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Scams On The Increase – Jury Duty Scam Emerges

The FBI recently reported that jury scams are on the rise, even though they have existed for years. What happens is that someone will call you, telling you that you have missed jury duty, and then they will ask for personal information to stop you from getting arrested. But if you give the conman what he is asking for, you could lose your identity.

The scam goes down when the victim claims that they never got summoned for jury duty. Then the scam artist will answer that they need to verify that and make sure that it’s the right person. And for this they will need your social security number and birth date.

This scam is years old but as the recession gets worse, more and more conmen seem to be making their ways out of the woodwork. A similar scam to try to gather telephone information has surfaced recently as well. Emails alert unsuspecting victims that their number is being dispersed to telemarketers, and that they have to call a number to be put on the government’s “do not call” registry. When a victim calls, they are asked for information and even a fee to be put on the list.

Identity thieves are extremely adept at piecing a puzzle together in order to create an identity out of yours. Regular protocol for jury duty summons is that you fill out a qualifying questionnaire. Then the courthouse will send you a summons if you have been selected. Usually, a summons is sent out a couple of weeks before the month that they will serve on jury duty. This has been protocol for twenty years at the least, and there are obviously no plans amend it.

People legitimately calling you about jury duty won’t ever ask for a birth date or a social security number. It is very important to bear in mind that if you are not sure if you are being scammed or not, you should always verify what they are saying and not give into them, no matter how aggressive. It will be worth it in the long run.

Mallory Megan works for a debt collection agency. Also she composes articles on business, finance, consumer spending and collection agencies.

What Can A Collection Agency Do?

When and how does bill collection cross over the line into harassment and aggressive behavior? A bill collector is never allowed to use obscene language or threats of violence. However, they are allowed to insult your integrity and make you feel bad about the person you are.

Anecdotal stories circulate about collectors claiming that a debt cannot be negotiated, settled or paid off with time. Collectors have been known to rudely inquire when a debtor is planning to pay, and then reject a debtors offer as not enough. This is not true or acceptable, as a consumer you always have the ability to negotiate.

Debt collectors work on commission which is why the persistent ones can be so aggressive and hostile. But the key point is that, despite that you may owe money to a creditor, you always have the right to be treated like a professional. Even though collectors are prohibited from calling third parties such as co-workers, friends and family to spread the word that you are in debt, collection agencies are allowed to contact people who may know where you are if they are trying to find you.

Collection agents are expressly forbidden from threatening you with jail time, sadly in some unethical companies it has become a common tactic to use this threat to intimidate immigrant communities, because there is less of a chance that these people will know or understand the law.

A bill collector cannot call you repeatedly, which technically means that they can’t continuously call you over and over. Despite this fact, that does not stop them from calling you two, three, even four times a day. With some companies, bill collectors are given a small number of accounts to work with purposely so that they can badger a consumer in debt into paying for their commission. To put a stop on collections phone calls, you are able to send a letter by certified mail return receipt requested requesting that they no longer contact you by phone.

Mallory Megan is employed by a debt collection company. Also she writes stories on business, finance, consumer spending and collection agencies. Visit the Uber Article Directory to get a totally unique version of this article for reprint.