Mortgage : Home Loans : Refinance : Home Equity Loans

By robert hanania

People view bankruptcy as a wake up call and well they should because that means they hit the bottom of the barrel and are now scratching the bottom - for more cash! If you believe misery loves company be secure in the knowledge that there are at least 1.5 million people in there with you, that’s how many filed for bankruptcy in the last year. Anyone can over-extend themselves and many do for more reasons than I could count.
Filing for bankruptcy is not only used by the lower and middle class but the rich as well. Famous people have fallen into the hole and climbed out, people like:
Donald Trump, Filed in 1990 - Kim Basinger, in 1993 - Burt Reynolds, in 1996 Rembrandt, in 1656. I am not sure about the last one; he may still be trying to dig his way out!
In the old days they would send people to debtors prison or even put them to death (not in America though), treating them like criminals. In these more civilized times the government not only banned this kind of barbaric action but made into law rules to protect us.
The bankruptcy code, also known by title 2 of the United States code (11 U.S.C.,101-1330), has been put into place to protect the rights of the individual and corporations, giving them a fighting chance against dept collectors, bankruptcy courts having the final word. There are basically two kinds of dept, secured an unsecured. Secured is where the creditor has some kind of collateral, be it your car, boat, house, or any material thing of value that they can take possession of if the dept is not paid. Unsecured is simply just the opposite, where the creditor has no collateral at all. In this case if the dept is not paid all they can do is use a collection agency where they call you day and night. Also you have to watch out with an unsecured dept because if the balance is large enough the creditor can put a lean on your property by getting a court order. This will prevent anyone from selling their house and moving away in an attempt to hide from creditors.
If you or anyone you know is behind on payments there is something they should know. Since 1997 the government stepped in to stop dept collectors and collection agencies from harassing and threatening people in the middle of the night and using unethical collection practices. The Fair Dept Collection Practices Act (FDCPA) makes collections agencies follow certain guidelines. These are things collectors must do:
*Stop contacting you if the request is in writing and you dispute the dept in writing.
*Within 5 days of there first contact they must send you a letter stating the outstanding dept and creditor.
*If you want to dispute all or part of the dept the collection agency must stop contacting you until the creditor responds to your inquiry.
*If the collection agency wants to take you to court for the dept owed on behalf of the creditor it should summon you to the county where you now live or where you first singed the contract.
Now, don

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This entry was posted on Monday, June 5th, 2006 at 5:51 am and is filed under Refinance. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.