One of the biggest problems with consumers in this economy is their tendency to overspend and file for finance bankruptcy. It is important that consumers understand the implications of such a move before they proceed. Consumers will need to realize that they can only be declared bankrupt if they have more than ten thousand dollars worth of unsecured debt that cannot be repaid. For some, this may be the only option available to them and for others it will be a last resort.
Over the years, many consumers have filed for bankruptcy because their creditors were unwilling or unable to recuperate any of their debts from them. Some have used this as an opportunity to force their creditors to recover their claims. Many times, this has proven to be a horrible decision. The United States government has passed laws which prevent creditors from discriminating against certain groups of people. For example, there are different debt recovery policies for blacks and other minorities. Similarly, there are many creditors that only make these claims against consumers who are in a certain income bracket.
When a consumer files for bankruptcy, they are still legally obligated to pay their creditors according to the agreements set forth in the agreement. Unfortunately, the amount of debt that a person is required to repay often puts them into dire financial straits. Creditors of this type of debt are not permitted to place unreasonable demands on the debtor. If the creditor attempts to collect, the United States district court will refuse to grant the creditor’s request for a judgment of repayment. Instead, the court will enforce a claim for the full amount of the debt.
As previously mentioned, it is illegal for creditors to discriminate against certain groups of people. However, there are some creditors that have been known to go after those in the lowest income brackets. Such lawsuits have been known to target senior citizens with Alzheimer’s disease or those with dementia. In addition to denying their claims, these lawsuits often result in severe mental health and economic hardships for the plaintiffs. Often, a personal injury attorney who is involved in filing the bankruptcy case may be sued personally by one of the creditors for filing the lawsuit.
When people are faced with insurmountable medical bills, Social Security disability payments do not cover the costs and sometimes the debt simply will not go away. Unfortunately, many people turn to Credit Debt Consolidation to solve their problems. This can be disastrous if the creditor sues you for not paying the bill. There are laws in place to protect consumers from Credit Debt Consolidation companies who abuse their position. However, there is many Tim Dunnings out there who seems to think that it is perfectly fine to file personal claims against innocent individuals who are simply trying to get back on their feet after being adversely affected by a terrible economy.
In most circumstances, when a person has a legitimate claim for damages that they are able to prove were caused by another person or business entity, the claims should be thrown out. The reason that this occurs is that bankruptcy claims are only effective if they incorporate a chain of events that would result in a recovery. If the claims simply assert innocence on the part of the defendant, the court will not have any power to compel the entity to repay what it owes. So, if you are faced with a situation where you are facing an imminent judgment for failure to pay your medical bills or other debt, do not put yourself in a position where your Personal Injury Attorney can file bankruptcy claims against you to recover as much as possible on your behalf.