More Great Reviews From Geraci Law Clients!

Great Reviews from Geraci Law Clients from Illinois & Wisconsin!

More Great Reviews From Geraci Law Clients!

A sample of some Geraci Law client reviews. Read below!

“Geraci firm is one of the most professional run firms in Chicago. Met with Attorney Ashley Chike at the Geraci Firm. I must say that my experience has surpassed my expectations. They really strive to give you the best experience, while making sure you are prepared for what’s next. A helpful app, text messages notifications, and flexible appointment schedules make this firm the choice for filling Chapter 7 or 13. I highly recommend Geraci Law to anyone who needs to start over or need financial help in desperate times of need. Thanks again Geraci Law.” – Geraci Law North Side Chicago Office 

“Wish I would have come to Geraci law office sooner. Fantastic experience. Treated very kindly and with understanding. Huge relief for us. Starting new financial life today. Thank you all.” – Geraci Law Greenfield, Wisconsin Office

“I am very excited because with the great help of the lawyers from Francis Geraci I have completed my Chapter 13 – they have walked through the entire service these lawyers are very competent they did everything for me and all information and responses were done via email or text .I did not have to miss work .any questions they would answer in a prompt manner I am very great full its over .The fee is just right. Thank you so much” – Geraci Law Chicago Office 

“Attorney Parker was pretty cool to work with. Smart. Fast. And to the point! DJ at the front was helpful and kept contact until I got into the office. Thank you Geraci!” – Geraci Law Evergreen Park

 

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.

Thankruptcy

Geraci Law clients love Geraci Law and credit scores so much so that after filing they do not say bankruptcy, they say THANKRUPTCY. 

Thankruptcy

Geraci Law clients love Geraci Law and credit scores so much so that after filing they do not say bankruptcy, they say THANKRUPTCY.

We have over 25 offices in Indiana, Wisconsin and Illinois close to home AND work. Geraci Law staff make the process HASSLE-FREE. The goal is to change a person’s life for the better.

Geraci Law clients get:

  • Client Corner access. A web portal with direct access to case information AND their attorney and Geraci Law team.
  • Same day or next day appointments. Geraci Law is always available to handle your case.
  • Communication – Geraci Law does NOT have voicemail. You can call us, text us or message us and you’ll get a FAST response.

Check out the new Thankruptcy video below:

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.

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.

Retire Your Debt – Don’t Withdraw!

Retire From Your Debt With PFG 

Many young people (as many as 6 out of 10 ages 18-34 from a E-Trade study in 2018) are taking money from retirement accounts to pay debt! The money is there so you CAN retire. Instead of raiding the retirement account, think of bankruptcy with Geraci Law.

Geraci Law attorneys and staff are financial experts. We’re here to figure out a plan to help with your debt WITHOUT withdrawing loans from 401Ks or other retirement accounts. You get control of your financial situation without paying the HUGE penalties and tax consequences for the early withdrawal.

Chapter 7 bankruptcy can eliminate your obligation to the debt. Geraci Law can help you protect assets (like a retirement account) and eliminate debt like credit cards, medical bills or personal loans. A Chapter 13 is a repayment plan to PAY the debt and make it affordable.

Make a hardship or 401K withdrawal your last resort. Do not take money from retirement unless you are RETIRING. Call Geraci Law first – our bankruptcy experts can help!

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.

My car was repossessed or impounded– can bankruptcy help get my car back? HELP!

Dial 1-800-CALL-PFG for a free phone mini-consultation! Chapter 13, Chapter 7, or other options may be your solution to vehicle repossession or vehicle impounded by cities.

Rule # 1:   “Don’t wait to dial 1-800-CALL-PFG.  Why?  Whoever snatched it will run up crazy storage charges as much as $100 a day! Even worse, it can get damaged in the tow lot, and can be sold for the storage and towing charges.Car Repo

Rule #2:  If your vehicle has a lien on it, and it is not repossessed by the finance company, ask the finance company to get it out.  Sometimes they will.

Rule #3:   If you have regular employment or pension income, and can fund a Chapter 13 repayment plan, Geraci Law may be able to get your vehicle released in ONE DAY!  Bring us proof of income, the vehicle papers and title, liability insurance (full coverage if financed) to see if you qualify.

Rule #4:  If you don’t want the vehicle, because it is old, broken or over-financed with no equity, think about filing Chapter 7 bankruptcy.  You may be able to finance a good 2 year old vehicle the day after filing Chapter 7. Family Van

Rule #5:  Dial 1-800-CALL-PFG for a free phone mini-consultation!  Chapter 13, Chapter 7, or other options may be your solution to vehicle repossession or vehicle impounded by cities.

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.

Can I file another Chapter 13 after dismissal, or after Chapter 7 Discharge?

When you filed Chapter 13, you had a plan, based on your income, expenses, and debts, which you had on the day you filed! But things can change. What do you do when you are in a Chapter 13 and change jobs, lose income, or get more debt or expenses?

Bankruptcy.jpgWhen you filed Chapter 13, you had a plan, based on your income, expenses, and debts, which you had on the day you filed!  But things can change. What do you do when you are in a Chapter 13 and change jobs, lose income, or get more debt or expenses?  What do you do if your vehicle dies during Chapter 13? What do you do if you retire during your Chapter13? Can I file Chapter 13 after I filed Chapter 7?

Geraci Law is here to figure it out. If your Chapter 13 is not working for you, can you file another Chapter 13?  Geraci Law files Chapter 13 cases for many people who went to other lawyers and their Chapter 13 is dismissed, and for lots of our own clients, too. Geraci Law also files Chapter 13 cases when you have filed a Chapter 7 before.  The rules for filing Chapter 13 after a dismissed Chapter 13 are complex.  The rules for filing Chapter 13 after a discharge in Chapter are also complex.  So dial 1-800-call-pfg for a free phone mini-consultation.

 What will I need in order to refile a second Chapter 13? The big 3 are…..

  1. Regular Income. No Chapter 13 without a job unless you have regular income, like retirement. Wait until you are working again and receive your first paystubs.
  2. Filed income tax returns. You must have last 4 years state and federal tax returns in hand.
  3. New debts Make a list WITH the name, address and account number. And copies of bills.

If your Chapter 13 was dismissed – call Geraci Law. We answer the phone and help thousands of people with issues ranging from repossession to parking tickets! Geraci Law will review options on refiling a case that fits your current financial situation. You can include the debt in your previous case and any additional debt you may have incurred since filing.

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 since November 2016!

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