Debt Consolidations News

U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will usually halt the commencement, enforcement or appeal of actions and judgments against a debtor from the creditors they owe money to that are attempting to collect these debts incurred prior to the bankruptcy petition. In addition, the automatic stay protects property of the bankruptcy estate itself from collection actions and proceedings.

If a creditor violates the automatic stay are voided out. Any violation of the stay may cause the violating party to incur damages for the violation. But, like every complicated law, there are exceptions. A creditor may be permitted to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

After a petition is filed, the court will grant the motion or provide security to the creditor, which ensures that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these are intended to limit the risk of the legal system prompting the downfall of a financially unstable debtor who hasn’t yet declared bankruptcy. The bankruptcy system will generally reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the seemingly simple nature of these rules, a couple of exceptions exist in the context of each category of avoidance action.

Mallory Megan is employed by a debt collection company. She also writes stories on business, finance, consumer spending, and collection agencies.

It is true that Americans with overdue debts will typically be subject to a number of retributions. Collection letters, phone calls, unfavorable credit scores and a chance to wind up in court are examples of punishments for non-compliance.

An alarming new trend that is growing is debtors suing debt collectors first. Any violation of the Fair Debt Collection Practices Act is reason to take a collector to court. It may be true that in a declining economy suing a debt collection agency instead of paying off what you owe may be your only choice. There were 8,347 consumer lawsuits filed against collection companies in 2009. That’s a 55 percent increase over 2009 and double that number filed in 2007.

A few debtors are plaintiffs suing for their first time; the people who suddenly find themselves unable to pay debts and feel that they have been wronged by aggressive collectors. Others compulsively sue, typically these people have debts worth tens or hundreds or thousands of dollars. It is their hope that favorable judgments may put them on a “collections blacklist.” If he has sued 4 out of 5 debt collectors, debt collection agencies are probably going to want nothing to do with this strange character who puts time and effort into lawsuits when he could be looking for a sense of structure, and a job.

One example of a lawsuit in action was from a woman who complains that the collection agency never offered her proof it was entitled to collect. Seriously? Most debt collection companies do their best to make sure that their collectors adhere closely to FDCPA laws, but even that law is not clear on certain practices such as whether it’s legal or not to leave a voice mail. Basically, the FDCPA hit the scene in the 1970s and needs desperately to be updated to today’s technology.

I guess you didn’t ask for my opinion, but here it is. I was recently contacted by a debt collector who left a message on a third party phone, asking for me and letting me know she intended to collect a debt. This is a big no-no. I could have called her back and given her hell, but I know why I have the debt and even though I may be broke, I intend to pay it back. To me, it seems like the economy is not getting better any time soon as the number of people who refuse to hold themselves accountable for financial decisions they made in the past grows. I hate to say it, but a debt is a debt, whether we are in a recession or not.

Mallory Megan works for a debt collection company. She also writes articles on business and finance, consumer spending and debt collection