DEBT ALTERNATIVES

fdcpa and business debt

Fair Debt Collection Practices Act Held Not to Apply to Business Debt

A recent Massachusetts decision reaffirms the important distinction between business debt and consumer debt when dealing with the Fair Debt Collection Practices Act (FDCPA) and the Massachusetts debt collection law, Mass. Gen. Laws chapter 93, section 49. The protections of these laws do not apply to...

Four Reasons to Get Rid of that Vacant Property

Properties can be abandoned for a variety of reasons. Getting an abandoned property out of your name, though, can be especially difficult if the mortgage balance is higher than the property value. This type of an abandoned underwater property is more than just a nuisance,...

Culik Law Wins Bankruptcy Trial On Violation of Automatic Stay

After a trial in the Boston Bankruptcy Court, Culik Law has obtained a judgment in favor of our clients against the bank Taunton Federal Credit Union. The consumers were represented by Culik Law. The case was based on a credit union’s violation of the bankruptcy “automatic...

Student Loans Massachusetts Attorney

Can’t Afford Your Student Loans? – 6 Tips for Fighting Back

While current bankruptcy laws often make it difficult to discharge unaffordable student loans through bankruptcy, there are many other ways you can fight back against student loan collectors outside of bankruptcy. Here’s a list of the six most important tips for fighting student loan collectors: 1. Determine...

What is a Reaffirmation in Chapter 7 Bankruptcy?

If you file a Chapter 7 bankruptcy, the court will require you to complete a form called a “Statement of Intention” indicating what you intend to do with debts that are secured to your property. In most cases, this means that the court is asking...

Should I File Bankruptcy Even If I’m Judgment Proof?

Under Massachusetts law, certain assets and sources of income are entirely protected and cannot be taken by your creditors. For example, pursuant to G.L. c. 235, § 34A, income from your 401(k) is fully protected and cannot be garnished. There are similar exemptions for many...

Culik Law Bankruptcy

Stop Wage Garnishments Now (And Get Your Money Back)

If a debt collector sued you and obtained a judgment, then they may be entitled to garnish your wages. In Massachusetts, up to 15% of your gross income over $400 per week can be subject to wage garnishments.  The loss of this income can be...

Can A Creditor Take My Social Security Benefits?

If you receive Social Security Benefits, in almost all instances creditors are not allowed to take these funds to pay a past-due debt. Under federal law, Social Security benefits may only be garnished in order to collect debts owed to the federal government (like taxes...

Credit Reporting Violations After Bankruptcy

Surveys have found that nearly 65% of credit reports were inaccurate following a bankruptcy discharge. Inaccuracies can include failing to report a debt as having a $0.00 balance, failing to report a debt as having been “included” or “discharged” in bankruptcy, and/or continuing to show...

Culik Law Bankruptcy Underwater Mortgage

Eliminating or Modifying Mortgages on Underwater Property

Underwater property can often be the cause of significant concern and frustration. It may take several years of payments before you can obtain any equity in the property. And if you want to sell it before then, you won’t be able to do so without completing...