MICHIGAN BANKRUPTCY ATTORNEYS & STAFF: WORK WITH US
We are happy to assist or work with Michigan bankruptcy attorneys whose clients are experiencing consumer law issues after filing bankruptcy or obtaining a bankruptcy discharge.
We handle a range of matters involving bankruptcy-related issues and have litigated extensively in federal trial and appellate courts.
We handle a range of matters involving bankruptcy-related issues and have litigated extensively in federal trial and appellate courts.
COMMON BANKRUPTCY-RELATED ISSUES IN MICHIGAN WHERE WE MAY BE ABLE TO HELP OR WORK WITH YOUR OFFICE ON A REFERRAL OR CO-COUNSEL BASIS.
So your client just got a discharge in bankruptcy? Great. As most bankruptcy lawyers know, this is not always the end of the road. Sometimes unhappy clients will call your office asking why a creditor is still trying to collect a payment from them or why a discharged debt is still reporting was owed or with a balance on their credit reports. This can be terribly distressing for the client, and the client may often whether the attorney failed to list the debt or did something wrong.
There are several types of consumer law issues that can arise during a bankruptcy case, and even after a bankruptcy discharge. In sum, these have to do with continued attempts to collect a debt, and the reporting of discharged debt on the consumer's credit report after a bankruptcy discharge.
Being proactive can help you and your clients avoid dealing with unsavory creditors. This can save you time, save your client from unnecessary distress, and sometimes, save you from having to defend yourself to an unhappy client.
Below are some of the common bankruptcy and post-bankruptcy consumer law issues.
There are several types of consumer law issues that can arise during a bankruptcy case, and even after a bankruptcy discharge. In sum, these have to do with continued attempts to collect a debt, and the reporting of discharged debt on the consumer's credit report after a bankruptcy discharge.
Being proactive can help you and your clients avoid dealing with unsavory creditors. This can save you time, save your client from unnecessary distress, and sometimes, save you from having to defend yourself to an unhappy client.
Below are some of the common bankruptcy and post-bankruptcy consumer law issues.
VIOLATIONS OF THE AUTOMATIC STAY IN BANKRUPTCY
Common Scenario: A listed creditor or collector continues to contact a debtor for payment by phone, mail, or email after the consumer files for bankruptcy but before the consumer obtains a discharge. Understandably, there could be some delay in ceasing collection activity even where creditors perform daily scrubs, so we typically do not get involved unless the debtor has received two or more such collection efforts after filing bankruptcy (i.e., attempts to collect over two billing cycles).
VIOLATIONS OF THE BANKRUPTCY DISCHARGE INJUNCTION
Common Scenario: A listed creditor or collector continues to contact a debtor for payment by phone, mail, or email after the consumer obtains a bankruptcy discharge of that debt. This scenario could give rise to a motion for contempt and sanctions in the bankruptcy court. This could also mean that the creditor/collector is still reporting the discharged debt as due or owing and with a balance, which could give rise to an action under the Fair Credit Reporting Act and/or state consumer protection statutes.
Common Scenario: An assignee (such as a debt buyer) or collector on behalf of a listed creditor continues to contact a debtor for payment by phone, mail, or email after the consumer obtains a bankruptcy discharge of that debt. This scenario could give rise to a motion for contempt and sanctions in the bankruptcy court. This could also mean that the creditor/collector is still reporting the discharged debt as due or owing and with a balance, which could give rise to an action under the Fair Credit Reporting Act and/or state consumer protection statutes.
Common Scenario: An assignee (such as a debt buyer) or collector on behalf of a listed creditor continues to contact a debtor for payment by phone, mail, or email after the consumer obtains a bankruptcy discharge of that debt. This scenario could give rise to a motion for contempt and sanctions in the bankruptcy court. This could also mean that the creditor/collector is still reporting the discharged debt as due or owing and with a balance, which could give rise to an action under the Fair Credit Reporting Act and/or state consumer protection statutes.
VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
Common Scenario: After the bankruptcy discharge, one or more of the debtor’s discharged accounts does not report as discharged or with a zero balance. In such instances, this could be the result of a credit reporting agency error or furnisher error. This could give rise to an action under the Fair Credit Reporting Act and/or state consumer protection statutes.
VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT
Common Scenario: A debt collector, such as a debt buyer or debt collector tries to collect payment from a debtor for a discharged debt. This scenario could give rise to an action under the Fair Debt Collection Practices Act Reporting Act and/or state consumer protection statutes. Depending on the circumstances, this could instead give rise to a motion for contempt and sanctions against the debt collector in the bankruptcy court, e.g., if the debt collector was listed in the bankruptcy petition.
WHAT IS THE VALUE OF CONSUMER LAW CASES?
As virtually every attorney understands, each case is unique and there can be varying degrees of harm. Further, damages may not always be recoverable, and there is no guarantee of success on any given claim. However, where recoveries do occur, such as in the settlement of one or more claims, or a judgment at trial, the recovery of damages can include compensation for actual damages, statutory damages, and where permitted, punitive damages. Attorneys’ fees may also be available based on fee-shifting provisions.
WHAT ARE OUR FEES?
CONTINGENCY FEES, "PAPERLESS" PRACTICE & ZOOM CONSULTATIONS
CONTINGENCY FEES, "PAPERLESS" PRACTICE & ZOOM CONSULTATIONS
We endeavor where possible to minimize the cost of litigation in both real and pecuniary terms by utilizing the latest technology in our practice. We aim to achieve desirable outcomes without putting our clients through protracted/multi-year litigation, or increasing the cost of litigation, since an adverse decision could potentially expose litigants to payment of the prevailing party’s costs/expenses and/or attorneys’ fees. Therefore, we ordinarily handle consumer litigation matters on contingency fee basis, where our attorneys’ fees are a percentage of the total recovery.