Have you noticed that debt collectors are now more aggressive than ever? Until recently, the Fair Debt Collection Practices Act reigned in these debt buyers and set strict limits on what they could and could not do. In a pair of 2016 decisions, the Supreme Court significantly diluted the FDCPA. Now, many Greenfield families must face debt collectors alone, and that is a scary position.
The experienced attorneys at Miranda, Magden & Miranda, LLP, believe that no one should face things like creditor lawsuits or wage garnishment actions alone. So, we offer a number of solutions that halt these activities and also permanently discharge the debt. After just a few months or years, you and your family will have a fresh financial start. That is what it is all about.
California is a nonjudicial foreclosure state. So, mortgage lenders need not get a court order to foreclose on your home. As such, there is little judicial scrutiny. The same thing applies to things like creditor lawsuits. Anyone may file a civil suit against anyone else for any reason. That lawsuit could lead to something like wage garnishment.
Section 362 of the Bankruptcy Code prevents all these kinds of creditor adverse action. In most cases, Section 362 of the Bankruptcy Code takes effect when debtors file their voluntary petitions and remain in effect until the judge closes the case. The Automatic Stay is just that. Debtors need not establish fraud, undue hardship, or any other kind of cause. Creditor action just stops, and moneylenders face stiff penalties if they violate the Automatic Stay.
Note that Section 362 prohibits all communication between creditors and debtors. So, many creditors do things like unilaterally suspend ACH payment arrangements and stop sending monthly statements. If you have questions, our lawyers can talk to your creditors. Section 362 prohibits creditors from contacting debtors. It does not prevent debtors from contacting creditors, especially if the debtor has an attorney.
The Automatic Stay gives debtors the breathing room they need to get on with their lives. If the debtor is behind on secured debt payments, such as a mortgage note, the Automatic Stay lasts up to five years. This protected repayment period gives debtors plenty of time to make catch-up payments at their own pace.
There is more good news. Bankruptcy also discharges debts. Once that happens, the debtor’s legal obligation to repay the debt is gone. Some dischargeable debts include:
Bankruptcy offers both short and long-term solutions for families under crushing debt loads. For a confidential consultation with an experienced bankruptcy lawyer near Greenfield, CA, contact Miranda, Magden & Miranda, LLP. Initial consultations in Bankruptcy are provided free of charge.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
Working with Patricia was a professional encounter unlike any other, an absolute 5-star experience. From the first moment, we walked into our consultation until the moment our case was closed and my husband walked away with his permanent resident card Patricia was communicative, professional, and thorough. Her team contacted us every step of the way providing valuable process and law changes we would not have been able to catch if we tried to navigate this endeavor alone. Patricia answered our endless question stream with thoughtfulness and care, calling us countless times to ensure we were clear on every piece of..
Last year, I had just moved in the area and needed a family law attorney for a custody case. The process of finding/choosing an attorney could be daunting. However, when I went in for my first consultation with Levi my stress level was immediately mollified. He was personable, which made me feel comfortable to discuss my personal matters freely. I had a lot of questions of the legal process that would take place and he took the time to explain everything with meticulous detail. More importantly, when I called Levi he returned my phone calls in a timely/professional time frame...
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