Debt Settlement & Consolidation – What You May NOT Know 

Debt Settlement & Consolidation – What You May NOT Know 

You see the commercials. You get the ads in the mail. Debt Settlement or Consolidation. When something seems too good to be true, it often is. Many of these “programs” turn out to be scams or schemes.

Sometimes, there ARE cases where debt settlement makes sense. Geraci Law can help! You can meet with an attorney for FREE to determine your BEST plan of action.

What they don’t tell you about debt consolidation:

  • Anything settled CAN BE taxable income. If you settle a $10,000 bill for $1,000 – the difference or $9,000 can be considered taxable income. So at the end of the year, you may receive a 1099-C form from the creditor. Debt discharged in a bankruptcy is NOT taxable income.

 

  • Some creditors do NOT settle. Debt settlement or consolidation is NOT a guarantee. There is no law that forces creditors to accept a smaller payment. If you file for bankruptcy, you are using federal law to get financial help. There are laws in place to protect YOU. Geraci Law is here to help you get control over your finances.

 

  • Your credit still takes a hit. Some agencies will tell you to stop paying the debt and let it go into collections. Then they will work with the collection agencies for a settlement. This takes TIME. You will get collection calls and maybe even SUED by the time the agency attempts to settle. With Geraci Law, you can file in as little as ONE day to stop all collections. This means no phone calls, no lawsuits and no more debt.

 

  • No time frame. There’s no time frame for debt settlement or consolidation. At best, they can give you an estimate but it could go longer. A Chapter 13 debt repayment is structured into a three or five year repayment plan. You have a structured plan in place rather than an indefinite amount of time. Geraci Law will help you determine the fastest way to get control over your financial situation.

 

  • Creditors CAN still sue you. That’s right, there is no legal protection with debt settlement or consolidation programs. If a creditor refuses the settlement offer, they could file a lawsuit in attempt to get a judgment or garnish your wages. Bankruptcy STOPS the collections. Creditors violate Federal statutes if they file lawsuits against you or even continue to call you while under Federal Bankruptcy protection. You hire Geraci Law and we help you from the initial phone call until the end of your case.

 

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 25,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

What Can a Chapter 13 Do For Me?

Worried about your driver’s license? Is the repo man knocking on your door? Have you been served with a foreclosure summons? Geraci Law is here to help solve your problem with a Chapter 13 bankruptcy. 

What Can a Chapter 13 Do For Me?

Worried about your driver’s license? Is the repo man knocking on your door? Have you been served with a foreclosure summons? Geraci Law is here to help solve your problem with a Chapter 13 bankruptcy.

Chapter 13 bankruptcies are debt repayment plans. You are consolidating debt to fit YOUR budget. A Chapter 13 bankruptcy can:

  • STOP foreclosure
  • STOP vehicle/property repossession
  • STOP wage garnishments
  • LIFT driver’s license suspensions for parking tickets, red light tickets

The payment plan is based on your debt, income and assets. We can create a plan to get you back on track. If life happens and something changes DURING your Chapter 13 plan, our team is here to figure out a solution.

Some attorneys file the case and then disappear. You talk to voice mail instead of a live person. At Geraci Law, we are available to figure out a solution. Our staff is available to YOU.

The best part? A Chapter 13 bankruptcy is the EXACT same fee no matter what law firm you hire. You pay the same price if you hire an attorney who has NEVER filed a bankruptcy petition or a Geraci Law team of attorneys with over 40 years of bankruptcy experience.

Wait, it does get better. If you are working full-time with a steady source of income, you could qualify for no-money down. You get the FAST relief without the worry of coming up with a lump sum of attorney fees. We can do your case in a day. Call Geraci Law – we’re ready to solve your problem.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 25,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

What Do You Do Before You Sue?

Notice & Cure Provisions in Home Mortgages – instructions on what to do before you file a suit against your lender.

Notice and Cure Provisions in Home Mortgages – What do you do before you sue?

By Attorney Peter Francis Geraci, J.D.

It depends. Individuals may consider bringing claims against their mortgage lenders under federal statutes such as the Truth in Lending Act, or the Fair Debt Collection Practices Act, and state statutes such as the Illinois Consumer Fraud and Deceptive Business Practices Act.

But, before you sue, what do you do? Read the mortgage! Many have provisions that have to be followed, or your lawsuit will be dismissed. Examples are “notice and cure”, and “mandatory arbitration”.

In Wortman v. Rushmore Loan Mgmt. Servs. LLC, No 19C2860,(N.D.Ill. Oct 16, 2019) plaintiff’s case against their mortgage service for sending them collection notices after bankruptcy discharge was dismissed. Why? Their personal obligation on the mortgage was discharged in Chapter 13, but only the personal obligation to pay the debt, not their obligation to comply with the terms of the mortgage.

In other words, a mortgage does not disappear because of a bankruptcy discharge. A mortgage servicer can send letters about filing a foreclosure suit to take the property back, and file a foreclosure suit.  All that a bankruptcy discharge does is eliminate the obligation of the discharged debtor to pay anything on the debt. It does not eliminate the other rights of a secured creditor, such as foreclosing on real estate, or repossessing a vehicle.

Not only do “liens”, or interests in property, survive discharge, but so do clauses in such lien documents and notes. That means that, if after discharge, a person wants to file a lawsuit against a creditor who still has a lien, they have to comply with those clauses.

What is a “notice and cure” provision? It says “a party who is in default is entitled to notice of the default, and a period of time to cure the default, before the other party may accelerate the contract and demand full payment, or foreclose or repossess”.

What is an “arbitration clause”? It says “if the borrower wants to make any claims against the lender it must do outside of court, in a proceeding involving appointed “arbitrators”.

Some cases hold that these clauses prohibit a lawsuit, unless the borrower first complies with them. Some cases hold that these clauses are not effective in a consumer protection lawsuit. In the Wortman case, the judge dismissed plaintiff’s case under FDCPA because the mortgage survived, and so did the “notice and cure” provision that required the borrower to give notice to the mortgage company before borrower filed suit.

So, what do you do before you sue? Read the document that established the relationship between you and who you want to sue. It may require you to arbitrate instead of go to court, or to give notice of your intent to sue. Those clauses may or may not prevent a suit, depending on what your claim is. But one thing is for sure: liens pass through bankruptcy, and so do the documents creating them, and so does the fine print in them. Bankruptcy only discharges the borrower’s obligation to make payments. If they don’t, the creditor can take action to get their property back.

This can work against mortgage lenders and car owners, but it can work in their favor also. After a discharge in either Chapter 7 or 13, a debtor can file a Chapter 13 to cure a mortgage default, even if the personal liability to pay has been discharged. The U.S. Supreme Court, Johnson v. Home State Bank, 501 U.S. 78 (1991) rule that, after discharge in bankruptcy, a debtor can file a Chapter 13 to cure a mortgage default, even if their personal liability on the mortgage was discharged.

This ability to file a Chapter 13 to cure mortgage default also works for people who are not on title to the property, but only have an inheritance interest. If mom dies without a will, an heir can file a Chapter 13 case to cure mortgage arrears, force the mortgage company to accept payments, and prevent foreclosure.

Injured? Call PFG!

Injured? Hurt at Work? Call PFG!

Since 2017, Geraci, Arreola, and Hernandez clients received over $13.5 million in personal injuries and workers compensation cases.

Have you been injured? A family member hurt at work? Call Geraci, Arreola and Hernandez at 800.401.4010. Our team specializes in injuries to fight for you.

Are you struggling with the debt since the injury? Geraci Law will review your situation to determine if bankruptcy is an option. Debt and injury experts in one place, one phone call to figure out a possible solution.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Robo Call? Robo STOP!

Stop the Robo Calls From PFG

Robo calls are all the rage and are causing a lot of rage. Robocalls are not only made by scam artists but ALSO debt collectors.  Collection companies do not care about your situation. If the bill is late, you could receive MULTIPLE calls per day from a robot demanding payment.

Stop the collection calls with Geraci Law. Don’t wait for Congress to pass legislation to stop the robocalls. Instead, consider bankruptcy. Filing a Chapter 7 or Chapter 13 can STOP the collection calls. A bankruptcy can provide the relief you need.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Being Sued? Call Geraci Law Today!

What is a lawsuit?   It’s a bill collector asking a court for a JUDGMENT!  Why do creditors hire lawyers to get a JUDGMENT?  lawsuitBecause then they can use the Court to COLLECT!!  First they hire the sheriff to serve you with the complaint.  If you don’t have a defense, they can then get their JUDGMENT!

How do creditors COLLECT?  First, they may record the judgment with the County you live in or have property in.  Then it becomes a “lien” or “right to collect when sold”.  That means they can sell your real estate, or personal property!!!  Serious!

Next, they can ask your bank or employer to turn over your money or paycheck!  Whooops!

How can you stop a lawsuit or judgment?  Pay them!  If you can’t pay them, get a free phone mini-consultation with Geraci Law.  Chapter 7 can eliminate debt. Chapter 13 can consolidate it into an affordable payment plan. Geraci Law will review your BEST option to stop the creditor action. We know you might be nervous or embarrassed. Don’t be. Geraci Law is here to help. We do not judge – we STOP judgments from creditors.

Hwoman happyere’s an example showing how Geraci Law can help…“I came in to this office worried and scared because of the amount of debt I was in and the possibility of law suits consuming my life. When I arrived I was greeted and immediately felt welcomed. I was a bit unprepared and nervous but Geraci Law made it a simple and smooth process! They were very understanding and did not judge or condemn me for what was going on. Geraci Law simply offered words of encouragement and explained my options to help! I’m so glad I came!!

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.