Lefkovitz & Lefkovitz
Nashville Office 615-686-2279 Cookeville Office 931-400-2218
Serving all of Middle Tennessee's Bankruptcy Needs

November 2016 Archives

Filing for bankruptcy after identity theft

Identity theft is a risk for people in Tennessee, especially for those who own credit cards and regularly travel in crowded areas. One of the easiest ways for an identity thief to obtain a victim's credit card information is by using a card-skimming device that steals information from the card remotely. These devices are widespread, cheap and easy to use.

Court rules pawned vehicle is part of bankruptcy estate

People in Tennessee who have pawned some possessions prior to filing for Chapter 13 bankruptcy might be able to pay off those loans and get them back, but it depends upon the jurisdiction and when the items were pawned. In Georgia, a man pawned his vehicle and then filed for Chapter 13 bankruptcy within the 30-day grace period for redeeming the title. However, since the bankruptcy filing was not confirmed until after the grace period ended, Title Max, the company that had the vehicle, argued that it should not be considered part of the bankruptcy estate. Both the bankruptcy court and a district court disagreed.

Handling old debt

Tennessee residents who are being contacted by debt collectors should be aware of old obligations that are being pursued. This can include forgotten debts as well as debts that are beyond the statute of limitations, had already been resolved or discharged through bankruptcy. They should also be mindful that making a payment can restart the statute of limitations, which could then allow the collection agency to initiate a lawsuit seeking the full amount.

The basics of secured and unsecured debts

Federal bankruptcy laws distinguish between secured debts and unsecured debts, and the distinction can make a big difference for Tennessee residents considering petitioning under Chapter 7 or Chapter 13. How a debt is categorized impacts the options the debtor and the court have in disposing of it. The matter is complicated by the possibility that secured debt may become unsecured, or vice versa.

What is the best way to stop harassing calls from debt collectors?

Even though the Fair Debt Collection Practices Act (FDCPA) places restrictions on how debt collectors can interact with consumers, many debtor collectors have been known to push these restrictions to the limit - and sometimes beyond the limit.

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Nashville Office
618 Church Street, Suite 410
Nashville, TN 37219

Phone: 615-686-2279
Fax: 615-255-4516
Nashville Law Office Map

Cookeville Office
312 East Broad Street, Suite A
Cookeville, TN 38501

Phone: 931-400-2218
Fax: 931-526-6244
Cookeville Law Office Map

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