Author Archives: George Bourguignon
Can I keep one of my credit card accounts even if I file for bankruptcy?
4 January 2010 It depends on whether the account has a balance when you file your bankruptcy petition, and, if there is no balance, how a creditor may react to the bankruptcy filing. If your account has a balance, the answer is no. The reason is that the chapter 7 bankruptcy petition, which is signed […]
Someone spread derogatory information about me to others, what can I do?
10 January 2010 You might have grounds to sue them for defamation. Defamation is somewhat of a catch all word and specifically means slander and/or libel. Slander is by spoken word, libel is by a writing. Generally, the elements for slander are: 1) a publication (making an oral statement); 2) to at least one third […]
What is the Co-debtor (or Co-signer) stay?
13 January 2010 Often debts (loans) have more than one person obligated to repay the creditor (on the hook). These can be loans where the debt is jointly owed by two joint account holders. There are also debts where one person is the primary account holder and receives the money, and another voluntarily becomes obligated […]
Can I tithe during bankruptcy?
14 January 2010 Yes. Under either chapter 7 or chapter 13 a debtor is allowed to regularly contribute up to 15 percent of their gross income to a charitable organization. For example, if a debtor had a gross income of $40,000 a year, they would be allowed to contribute $6,000.00 a year to a charitable […]
A debt collector is calling my cell phone using an auto-dialer, what can I do?
16 January 2010 You might have grounds to sue them! It depends on whether you gave the original creditor or the debt collector “prior express consent” to call you on your cell phone. You may want to ask yourself, did you write the cell phone number on your original credit application? (Did you have the […]
Do I have to include all my debts in my bankruptcy?
18 January 2010 Yes. The bankruptcy petition requires that you list all your debts and that you make all statements under the penalty of perjury. There is no way around listing all your debts, but there is a plan you can have to make that special creditor whole despite your bankruptcy, read on. It is […]
The criminal trespass statute in Massachusetts; how you can address trespassing on your property.
21 January 2010 There may be someone that you don’t ever want to enter your property again. Or there may be someone you don’t want to enter your property at all, even once. In Massachusetts, there is a way to make it a criminal act if a particular person enters your property. Generally, the public […]
Is it legal for a debt collector to leave a phone message to collect a debt?
18 January 2010 Maybe not, it depends on the circumstances. In most instances, when a debt collector leaves a message for a consumer to collect a debt they are breaking the law. This is why. The Fair Debt Collection Practices Act (FDCPA) requires a debt collector to disclose in their initial communication with the consumer […]