Bankruptcy Law Practice - Who's the Best?

Getting good legal advice is the most important factor in filing for bankruptcy successfully. In the past, some individuals attempted to go through the process by themselves. You may even have some friends or relatives who claim that they declared bankruptcy without a lawyer several years back. However, times have changed, and so has the bankruptcy statute.

In 2005, Congress passed a law which created some changes in the bankruptcy code. Many bankruptcy attorneys have criticized this law because they claim it is bad for consumers. Meanwhile, many members of Congress defended the law because they believed that some were taking advantage of the bankruptcy statutes and getting rid of their debts much too easily.

For better or for worse, the changes in the bankruptcy law are with us (at least for now). The reason that this is so important is that the bankruptcy code has become much more complex as a result of this new law. The law is so complex that even many lawyers struggled to figure out exactly what it meant. Judges will probably be making various rulings on the law and try to interpret its meaning for years to come.

This is why legal counsel is absolutely required if you decide to declare bankruptcy. However, not just any lawyer will do. As we have already stated, keeping up with the bankruptcy laws and their corresponding court rulings can be a nightmare for anyone not specializing in bankruptcy law.

This is why we highly recommend that you pick the lawyer who specializes in bankruptcy law. A bankruptcy law practice aims to keep up with all of the latest developments and offers you the best shot for a successful bankruptcy filing.

Every case is different, and your bankruptcy case will likely have its own challenges and unique circumstances. That's why you need a specialist in the law to help you decide the best course of action for you and your family

How the Fair Debt Collection Practices Act Helps You

The Fair Debt Collection Practices Act, which is more commonly referred to as the FDCPA, is a statute in the United States that is designed to protect consumers who have creditors who are attempting to collect a debt from them. This act has several important features that are designed to accomplish this. You should be aware of these.

One outstanding feature of the FDCPA is to provide consumers with a mechanism of disputing debts that they don't feel they are responsible for. It also provides a convenient way for consumers to keep track of debts that they ARE responsible for. It is helpful to know that there are strict penalties that can be ascribed to companies who break the fair debt collection act.

There are many activities that are not allowed by the Fair Debt Collection Practices Act. For example, creditor harassment is actually defined and prohibited under the act. One common practice that is considered harassment is when the creditor contacts the consumer after they have provided written notice that they do not wish to be further contacted or that they have no intention of paying the debt.

Another example of creditor harassment is contacting the debtor at their place of employment or business after the creditor has been informed in writing by the debtor that they do not wish to be contacted while they are at work. Calling the consumer repeatedly in a way that is intended to annoy, abuse or otherwise harass the consumer is also strictly prohibited.

If you, as the debtor, have an attorney representing you, the creditor or collection agency cannot contact you directly without violating the act. There are also specific hours set up within which a creditor can contact a debtor. If attempts at contact are made outside of these hours, the creditor is in violation of the act. Creditors are also banned from publishing the consumers name on a 'debt list'. Likewise if the creditor insists on contacting the consumer after the consumer has asked for validation of the debt or uses abusive or profane language, the are in contravention of the act.