Ever had your day interrupted by a call from a debt collector? Debt collectors have a reputation of being rude and even nasty at times. They might say it’s their job to be annoying. After all, they’re just trying to get you to pay your fair share, right?
Debt collectors harassing you? Contact our law office. You may find they owe you money!
Well, not so fast. This is America, and even if you owe someone money you still have rights. According to the Fair Debt Collection Practices Act, debt collectors aren’t allowed to harass you by:
- Making threats
- Calling repeatedly just to annoy you
- Swearing / using profanity
If you’re being harassed by debt collectors, contact my office for a free initial consult. Who knows, you may even find that collectors owe you money after we’re done talking with them.
It’s been estimated that over 60% of bankruptcies are filed due to hospital visits, cancer treatments and other health expenditures. Fortunately, by filing for bankruptcy in Rhode Island, you can usually eliminate debt owed to:
- hospitals & medical clinics
- laboratories & medical imaging/radiography
- doctors, physician assistants & nurses
- dentists & orthodontists
- physical therapists & chiropractors
So yes, typically any unsecured medical debt can be eliminated in a RI Chapter 7 Bankruptcy filing, regardless of whether it’s $10 or $1 million you owe. You’ll want to consult with a RI attorney experienced with bankruptcy to guide you through the process, especially if you’ll need to keep receiving health care services following your bankruptcy filing for a chronic medical condition.
People who are considering filing bankruptcy with me often ask what to bring for our first meeting. (If you’re interested in scheduling a free initial consultation to see if bankruptcy is a good option for you, call my office at 401.738.3030 today.) The purpose of this first meeting is to ensure that we’re both comfortable that going forward with a bankruptcy filing makes sense in your specific situation. So it’s generally helpful if you can bring in your recent bills, collection notices, and any lawsuit-related papers, as well as any other documents that you’d like me to take a look at. At the end of the meeting, I can give you a checklist so you’ll know exactly what information my office will need from you in order to get your case prepared and filed.
A Rhode Island bankruptcy filing can be used to get rid of many types of debt. Filing under Chapter 7 may allow many types of debts to be wiped out completely:
- credit card debt
- electric, gas, water, and other utility bills
- medical, dental, and vision bills
- personal and unsecured bank loans
- automobile loan obligations remaining on a repossessed vehicle
- mortgage loan obligations remaining on a foreclosed home
Any child support obligations, recent taxes, and student loans are generally not eligible for discharge. But in some cases, even student loans can be eliminated in a bankruptcy if it can be shown that these debts create an unreasonable hardship for you.
Posted in chapter 13, chapter 7, debt settlement, income taxes past due, new bankruptcy law, Rhode Island, RI Bankruptcy Court, Stop Home Foreclosure
Tagged first mortgage, mortgage modification, second mortgage, underwater real estate
According to a recent study, the typical Rhode Island house lost 25% of its value last year. For many homeowners, the only alternative to losing a home to foreclosure may be to modify their mortgage. Fortunately, current bankruptcy laws allow for many Rhode Island homeowners to dramatically reduce their monthly mortgage payments.
If your house is valued at less than you own on your first mortgage, you may be able to eliminate most of yoursecond mortgage with a bankruptcy (for owners of rental properties or investment real estate, it’s even better: you can often use a RI bankruptcy filing to modify both the first and second mortgage). This can be done by filing for a Chapter 13 bankruptcy: you eliminate your second mortgage obligation and instead make a series of monthly payments for a limited period of time (between 36 and 60 months, depending on your income).
Given the magnitude of most second mortgages, this approach can result in significant savings. For example, if you have a $40,000 second mortgage, you could potentially eliminate all but $7,200 of your debt in a Chapter 13 bankruptcy.