Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Debt buyers claim they have the right to collect for the original creditor. But do they?
You couldn't pay that credit card debt a few years ago, and so you stopped paying it. MasterCard called for a while, but the calls eventually stopped. Now, Shark Collections called and they say they bought the debt from Snake Collections who, in turn, bought it from MasterCard. Can Shark Collections sue you?
The answer is yes. But as the Missouri Supreme Court held just last week, the debt buyer plaintiff (Shark) must prove it owns the debt and that the accounting (what they say you owe) is correct. That sounds like it's not a big deal, but it really is.
In CACH, LLC v ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
I met these clients after they moved to the Charleston area from up north. Prior to moving to South Carolina for employment opportunities, they spent considerable ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
The holy grail of the bankruptcy process is the bankruptcy discharge.
If you call your doctor and tell her you have a discharge, I don't care where ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Student loans are, practically speaking, almost non-dischargeable in bankruptcy. The Bankruptcy Code and the law interpreting it says, in essence, that the debtor must be disabled ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Many South Carolina homeowners need help avoiding foreclosure. Fortunately, there's a new program called the "South Carolina Homeownership and Employment Lending Program." That's a mouthful, so ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Bankruptcy is about new beginnings. It's about fixing problems plaguing your financial life.
But what happens next? How can you make sure your life improves and stays ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
A picture says a thousand words. Our government is supposed to be "of the people, by the people, and for the people." And by "people" I ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
South Carolina median income numbers effective November 1, 2011 are now out. They are as follows:
Household of 1: $37,660
Household of 2: $47,853
Household of 3: $50,824
Household of ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Reaffirmation agreements and the law surrounding can be downright confusing. In fact, the law on this topic is so bizarre that it reminds me of the ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Bankruptcy lawyers spend almost all their time dealing with the law as it is. After all, we're not members of Congress.
But as I deal with our ...
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Written by Charleston Bankruptcy Lawyer, Russell A. DeMott
Bankruptcy can help you stop repossession and even allow you to get your vehicle back after it's been repossessed. Shooting the repo man is not only ...
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