Sunday, September 20, 2009

Qualifying for a Chapter 7 with high income

The "Means Test' has two parts in determining if you qualify for a Chapter 7:
In the first part you automatically qualify if your household (family) income for the prior six (6) months is below the average from your state and county.
However you may still qualify for Chapter 7, if:

In the second part of the Means Test, you are able to deduct for secured and necessary expenses such as child support, child card, food, utilities, medical, telecommunication, auto, insurance, etc. If you cannot afford a reasonable payment in a chapter 13 after these deductions, you still qualify for a chapter 7.

That means that many people will still qualify for a chapter 7 bankruptcy even if they make slightly over the average income if they have high necessary or secured expenses. Naturally, it would be essential to have proof in the form of documentation.

Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com

Qualifying for a Chapter 7 with high income

The "Means Test' has two parts in determining if you qualify for a Chapter 7:
In the first part you automatically qualify if your household (family) income for the prior six (6) months is below the average from your state and county.
However you may still qualify for Chapter 7, if:

In the second part of the Means Test, you are able to deduct for secured and necessary expenses such as child support, child card, food, utilities, medical, telecommunication, auto, insurance, etc. If you cannot afford a reasonable payment in a chapter 13 after these deductions, you still qualify for a chapter 7.

That means that many people will still qualify for a chapter 7 bankruptcy even if they make slightly over the average income if they have high necessary or secured expenses. Naturally, it would be essential to have proof in the form of documentation.

Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com

Saturday, September 19, 2009

How to stop creditors from harassing your family?

Sometimes Creditors become quite aggressive in their debt collection practices and continue to harass people after they have filed bankruptcy. In such cases it is always prudent to take the higher ground and offer to fax/email/mail a copy of your hearing notice to the creditor and this should stop the creditor from continually calling your home or office.

However, some creditors frankly don’t care and will continue to call you even though such behavior is illegal in the hope that you will pay by mistake. You do not have to put up with this harassment because these creditors are breaking the law.

Whether it be never ending phone calls, threatening letters, or being falsely accused of owing money, the Fair Debt Collection Practices Act (or “FDCPA”) protects consumers from abusive debt collectors. The FDCPA allows those consumers who have endured creditor harassment to sue the debt collector for up to $1,000.00 statutory damages, plus actual damages (e.g., mental anguish, phone charges, etc.), plus attorneys fees.

The best resource for finding out whether you have a valid case against a debt collector for violations of the FDCPA (or other consumer protection law) is a local consumer attorney. If you have been illegally harassed by abusive creditors, contact the Dunne Law Offices at (215) 854-6342 and speak with an attorney to determine whether you can sue the debt collector for statutory & actual damages for breaking the law.


Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com

How to stop creditors from harassing your family?

Sometimes Creditors become quite aggressive in their debt collection practices and continue to harass people after they have filed bankruptcy. In such cases it is always prudent to take the higher ground and offer to fax/email/mail a copy of your hearing notice to the creditor and this should stop the creditor from continually calling your home or office.

However, some creditors frankly don’t care and will continue to call you even though such behavior is illegal in the hope that you will pay by mistake. You do not have to put up with this harassment because these creditors are breaking the law.

Whether it be never ending phone calls, threatening letters, or being falsely accused of owing money, the Fair Debt Collection Practices Act (or “FDCPA”) protects consumers from abusive debt collectors. The FDCPA allows those consumers who have endured creditor harassment to sue the debt collector for up to $1,000.00 statutory damages, plus actual damages (e.g., mental anguish, phone charges, etc.), plus attorneys fees.

The best resource for finding out whether you have a valid case against a debt collector for violations of the FDCPA (or other consumer protection law) is a local consumer attorney. If you have been illegally harassed by abusive creditors, contact the Dunne Law Offices at (215) 854-6342 and speak with an attorney to determine whether you can sue the debt collector for statutory & actual damages for breaking the law.


Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com

Common Bankruptcy Errors

1. Tax Refunds may be lost if refunds are so large that they cannot be covered by federal exemption laws or the bankruptcy petition is filed at the wrong time. Protecting your tax refund can be accomplished with the right pre-bankruptcy planning.

2. Taxes (contrary to popular belief) can be discharged in bankruptcy if they are older than 3 years old. There are lots of different technical rules relating to discharging taxes but the most important thing to remember is that they can in fact be discharged in certain circumstances if they are older than 3 years old.

3. Failure to list creditors on your bankruptcy petition will result in a creditor not been discharged.

4. Failure to appear at your meeting of creditors with a photo id and social security card will result in your bankruptcy case been closed without a discharge.

5. Failure to take the second credit counseling course after the meeting of creditors will result in your bankruptcy case been closed without a discharge.


Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com

Common Bankruptcy Errors

1. Tax Refunds may be lost if refunds are so large that they cannot be covered by federal exemption laws or the bankruptcy petition is filed at the wrong time. Protecting your tax refund can be accomplished with the right pre-bankruptcy planning.

2. Taxes (contrary to popular belief) can be discharged in bankruptcy if they are older than 3 years old. There are lots of different technical rules relating to discharging taxes but the most important thing to remember is that they can in fact be discharged in certain circumstances if they are older than 3 years old.

3. Failure to list creditors on your bankruptcy petition will result in a creditor not been discharged.

4. Failure to appear at your meeting of creditors with a photo id and social security card will result in your bankruptcy case been closed without a discharge.

5. Failure to take the second credit counseling course after the meeting of creditors will result in your bankruptcy case been closed without a discharge.


Dunne Law Offices, P.C.
(215) 854-6342
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102
dunnelawoffices@gmail.com
www.dunnelawoffices.com

Philadelphia Bankruptcy Attorney

The Dunne Law Offices, P.C. provide affordable, experienced and accessible representation at six office locations throughout the Philadelphia area.

Some of our areas of practice include:

• Bankruptcy
• Contracts
• Corporate Formation (Corporations, Limited Liability Companies, Partnerships)
• Divorce (Uncontested)
• Immigration
• Landlord/Tenant
• Leases (residential and commercial)
• Name Change
• Small Claims
• Wills,Trusts and Estates

Reasonable Prices -- Reliable Personal Service.

• Contact us for a free 1/2 hour initial consultation.
• Evening & Weekend appointments available upon request.
• Flexible payment plans.


Please visit www.dunnelawoffices.com to learn more about the firm or simply
call 215 - 854 - 6342 to speak with us.

Dunne Law Offices, P.C.
1500 JFK Boulevard
Two Penn Center, Suite 200
Philadelphia, PA 19102
215 - 854 - 6342

WWW.DUNNELAWOFFICES.COM

DUNNELAWOFFICES@GMAIL.COM

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