Posts Tagged ‘Law’

Irvine Bankruptcy Law Firm Adds Additional Locations in Riverside and Rancho Cucamonga, CA

Wednesday, March 30th, 2011

Red Hill Law Group, PC, an Orange County bankruptcy and personal finance law firm based in Irvine, California, has opened two additional offices in Riverside and Rancho Cucamonga, CA, to serve the local and surrounding communities.

Attorney Bert Briones, Esq., whose focus is bankruptcy and personal finance law, said, “Our commitment to each and every client includes providing exceptional, individualized attention, understanding objectives, and helping accomplish the goals set forth by our valued individuals and families, whether it is a Chapter 7, Chapter 11, or Chapter 13 filing.”

He added, “Having the ability to reach into these additional communities will ensure that the needs of the bankruptcy consumer will be met during these economic times.  In addition, all prospective clients are offered a no-charge consultation, either by phone or in-person in order to address their specific needs.”

Red Hill Law Group, PC, also offers a Debt Restructuring Analysis, including a Consumer Liability Report at a highly discounted rate of $99 ($400 value) as a value-added benefit to the local community.

To learn more about Red Hill Law Group, PC, or to schedule a free consultation, please call the number listed according to the geographic need or please use the contact form and you will contacted within the following business day.

Orange County:(949) 468-0915

Riverside:(951) 846-6344  

Rancho Cucamonga:(909) 580-8451

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Posted in Bankruptcy, Bankruptcy Alternatives, Chapter 11, Chapter 13, Chapter 7, Debt Settlement / Debt Negotiation | No Comments »

The Seven Most Common Bankruptcy Mistakes

Monday, February 21st, 2011

“The actions you take leading up to bankruptcy can drastically affect your journey through the bankruptcy process” says Bert Briones, Principal Attorney of Red Hill Law Group PC, an Orange County, CA bankruptcy law firm.  “You definitely want to pay attention to these seven potential trouble spots.”

The credit card run-up mistake:
The best thing to do is to not use your credit cards once you have decided to file for bankruptcy. Consumer debts that you incur for luxury goods and services owed to a single creditor in excess of $600 within 90 days of filing are presumed to be non-dischargeable and may be found to be due and owing! Even cash advances of more than $875 within 70 days of filing are presumed to be non-dischargeable and may also be found to be due and owing.

The repay a family member mistake:
When it comes to repaying debts, you cannot treat a family member any better than you would an ordinary creditor. As a matter of fact, a bankruptcy trustee can reclaim any amount repaid to a family member within one year of filing.

The transfer property out of your name mistake:
A bankruptcy trustee can go so far as to undo a transfer of property that previously belonged to you. This surprising event can occur if the transfer took place within four years of the filing with the intent to hinder, delay, or defraud a creditor.

The liquidate your retirement account mistake:
Your retirement accounts are generally protected. You can eliminate your debt and keep whatever you have in an ERISA qualified account, free and clear. Too many individuals empty their retirement accounts in a desperate attempt to pay down their credit card debt.

The line of credit/second mortgage to pay off debt mistake:
Don’t take a loan against your real estate in an attempt to reduce the equity. You can often file bankruptcy and not lose this valuable asset. If you take out a second mortgage to pay credit card debt, you may be putting your home at risk.

The failure to appear at court proceedings mistake:
If there is a collection case pending against you in state or federal court, don’t assume that you can avoid the court process simply because you have decided to file bankruptcy. Until your bankruptcy case is actually filed, a collection case can continue.

The failure to tell your attorney the truth, the whole truth, and nothing but the truth mistake:
Your attorney can only provide advice that is based upon information provided by you. Failure to notify your attorney about your assets can lead to the loss of those assets, denial of your bankruptcy case, fines, imprisonment, or all of the above.

Red Hill Law Group PC is available to answer all of your questions regarding bankruptcy and alternatives to bankruptcy.  Please call us at 949-468-0915 or use our contact form.

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Posted in Bankruptcy, Bankruptcy Alternatives, Chapter 11, Chapter 13, Chapter 7, Client Help, Credit Reform Act, Credit Scores, Creditor Harassment, Debt Settlement / Debt Negotiation | No Comments »

Approved September Settlements for DRLG Clients

Tuesday, October 12th, 2010

Bank of America Tower in New York City.

Don’t let them tell you differently! Major financial institutions are  continuing to do debt settlement with our law firm. Here is a list of some recent debt settlements for our clients. If you are not already a client, feel free to call us if you would like to see if we can help your situation, 877-343-3289. Have a great day!

Balance % Paid Client Paid Creditor
$3,586.00 16% $600.00 Bank of America
$1,955.92 25% $500.00 Barclays Bank
$9,167.12 27% $2,500.00 Chase
$5,500.12 30% $1,650.05 Bank of America
$2,322.62 30% $774.21 Citi Financial
$11,736.48 30% $3,520.94 Sears/Citi
$15,831.27 30% $4,749.38 Sears/Citi
$9,453.82 32% $3,800.00 US Bank
$3,074.00 35% $1,107.00 Chase
$7,720.82 38% $3,000.00 Citi ARS National
$4,651.00 40% $1,900.00 Bank of America
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Posted in Debt Settlement / Debt Negotiation | 6 Comments »

$75,000,000 Settlement – How much are you owed?

Thursday, August 5th, 2010
The United States government paid the Brazilia...
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Transunion Credit Bureau violated the privacy rights of millions of Americans by selling their information illegally to telemarketers and junk mailers. They were forced to set aside $75 million to compensate consumers for their actions.  If you are one of those consumers you may be awarded a settlement.

To potentially qualify, you must:

  • be 28yrs old today
  • had a credit card, car loan, home loan, or any consumer loan from 1987-2000

We at Debt Relief Law Group wanted you to know how you can become involved and possibly get paid.  Go to

http://www.transunionsettlement.com/file-a-claim/

to apply for a settlement opportunity. There is no cost for this service,  all fees get paid through the settlement, so go ahead and see if you qualify. At best you get paid, at worst you don’t.

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Bankruptcy 101: Chapter 7 or 13?

Monday, June 28th, 2010
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Bankruptcy 101: Chapter 7 or 13?

Bankruptcy is all over the news and even in pop culture lately.  In fact, it’s becoming so popular that some economists are projecting that 1.7 million bankruptcies will be filed 2010!  That’s a huge jump from the 1.3 million filed in 2009.  Clearly people are finding bankruptcy to be a feasible solution to their current financial difficulties.

However, most people still don’t really understand what bankruptcy is and how they could benefit from it.

For example, I recently received an e-mail from a potential client who is considering filing for bankruptcy.

“Can I file for bankruptcy?  I heard there are two different kinds of bankruptcy but I don’t know which one I qualify for or which one is a better option. Which chapter should I file?”

With all the myths circulating about bankruptcy, it’s no wonder that she is confused.

First of all, there are two main types of personal bankruptcy that can be filed by the average person.

Chapter 7

Chapter 7 bankruptcy wipes away all of your debt through a process called liquidation. Basically, the court takes over all non-exempt assets and sells them in order to pay off a portion of your debt. All of your assets will be first looked at and some will be labeled as exempt.  For example, you may be allowed to keep an amount of clothing, some funds for personal expenses and even a vehicle.  The remaining assets will be taken over by the court and sold in order to pay off your debts.  At the end of a Chapter 7, your debt will be wiped clean.   Some types of debt that cannot be eliminated include alimony and child support, student loans, and any debt labeled as fraudulent (in other words, no maxing out your credit cards right before your bankruptcy!)

Chapter 13

Chapter 13 bankruptcy is another option for people who want to avoid the liquidation of their assets e.g. your home.  Chapter 13 is a restructuring of your debt.  You will pay back a court determined manageable portion of your debt over a span of 3 – 5 years.   This is a viable option for people who have equity in their home.  Also, if you file a Chapter 13 you may still be eligible to file a Chapter 7 at a later date.   However, if you file a Chapter 7, you’ll be unable to file again for another six years.  To qualify for a Chapter 13, you must have a job or a source of income to pay back your debt.

Bankruptcy is an option that may seem daunting, confusing, and just plain scary to most people.   It doesn’t have to be that way.  The best option is to speak to a bankruptcy attorney and receive a full bankruptcy consultation.   The attorney will go over your eligibility for bankruptcy and will present you with all of your options.

If you’re considering bankruptcy, please contact us today at 877-343-3289 and one of our Senior Advisers can get your file reviewed by an attorney. Bankruptcy doesn’t have to be scary.  Remember: bankruptcy was created in order to relieve consumers of debt that they are unable to pay. If you’re in this situation, there are laws to protect you.  Speak to an attorney today and use the law to get the relief that you need.

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Debt Collectors want a piece of you!

Thursday, May 27th, 2010
Chopping off my little finger
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Debt collection has become more and more out of control these days with the spiraling economy. More people are in debt and are unable to pay. Collectors have become more aggressive and even using illegal tactics to get consumers money.

I understand these debt collectors are doing a job, but if lies and deceit are in the job description, maybe they should get another job. I am tired of hearing collectors say “‘consumers should pay” and “why am I the bad guy?”. If your job description has you lie and even steal, the answer is not ‘the job’, it’s your own morals and values that are the issue. Most consumers didn’t ask for a credit card with the intention of not paying, they feel bad about not paying and want to find a way to pay something back without taking food and shelter away from their families. That is quite different from these debt collectors making a decision to lie and deceive consumers on a daily basis. This country needs more people like our clients who feel responsible and try to correct their situation.  We don’t need people who go to work everyday to take advantage of the public who have had more than enough hardship in their lives.

Most states Attorney Generals are looking into debt collection companies due to the obscene amount of complaints. Unfortunately, the real issue is the laws and processes are not suffice, and not in place, to handle the violations. See below to see some statistics on how you could be affected if you are in debt, and without the protection of a law firm. Sad but true, most consumers don’t know most of the collection calls they receive are illegal. If you are in debt and want to see what options are available to help fix your situation, call us directly at 877-343-3289 or fill out our contact form here DRLG website and we will contact you within 24 hours. We can help with debt resolution, bankruptcy, and lawsuits if you have been sued by a creditor.

Results of SurveyUSA News Poll #15325

1

 How familiar are you with the Fair Debt Collection Practices Act, the federal law regulating the behavior of debt collectors?
750 Adults All Gender Age
Male Female 18-34 35-54 55+
Very 7% 10% 5% 4% 10% 7%
Somewhat 18% 15% 22% 15% 18% 22%
Not Very 33% 34% 32% 31% 33% 35%
Not At All 41% 41% 40% 47% 38% 35%
Not Sure 1% 1% 2% 3% 0% 1%
Total 100% 100% 100% 100% 100% 100%
Composition of Adults 100% 50% 50% 36% 39% 25%

2

 Have you or a member of your family been contacted by a debt collector in the past 5 years?
750 Adults All Gender Age
Male Female 18-34 35-54 55+
Yes 44% 46% 42% 58% 44% 25%
No 53% 50% 56% 39% 54% 72%
Not Sure 3% 3% 2% 3% 2% 2%
Total 100% 100% 100% 100% 100% 100%
Composition of Adults 100% 50% 50% 36% 39% 25%

3

 Did the debt collector inform you of your rights?
332 Who Were Contacted All Gender Age
Male Female 18-34 35-54 55+
Yes 6% 6% 6% 7% 3% 9%
No 89% 87% 90% 90% 89% 85%
Not Sure 6% 7% 4% 3% 9% 6%
Total 100% 100% 100% 100% 100% 100%
Composition of Who Were Contacted 100% 52% 48% 48% 38% 14%

4

 Did the debt collector treat you with respect? Or disrespectfully?
332 Who Were Contacted All Gender Age
Male Female 18-34 35-54 55+
With Respect 26% 28% 24% 33% 22% 13%
Disrespectfully 70% 69% 71% 67% 71% 77%
Not Sure 4% 4% 5% 0% 8% 10%
Total 100% 100% 100% 100% 100% 100%
Composition of Who Were Contacted 100% 52% 48% 48% 38% 14%

5

 Did the debt collector threaten you in any way?
332 Who Were Contacted All Gender Age
Male Female 18-34 35-54 55+
Yes 43% 43% 42% 46% 40% 40%
No 47% 44% 51% 43% 51% 52%
Not Sure 10% 13% 7% 11% 9% 8%
Total 100% 100% 100% 100% 100% 100%
Composition of Who Were Contacted 100% 52% 48% 48% 38% 14%

6

 Did the debt collector call you again after you told them not to?
332 Who Were Contacted All Gender Age
Male Female 18-34 35-54 55+
Yes 77% 81% 72% 76% 77% 79%
No 19% 15% 23% 22% 15% 16%
Not Sure 5% 4% 5% 2% 8% 5%
Total 100% 100% 100% 100% 100% 100%
Composition of Who Were Contacted 100% 52% 48% 48% 38% 14%

7

 Did the collector call people you know such as your employer or a family member?
332 Who Were Contacted All Gender Age
Male Female 18-34 35-54 55+
Yes 48% 50% 45% 55% 44% 34%
No 42% 46% 38% 33% 46% 61%
Not Sure 10% 4% 17% 12% 10% 5%
Total 100% 100% 100% 100% 100% 100%
Composition of Who Were Contacted 100% 52% 48% 48% 38% 14%
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Look out for Debt Settlement Fraud! Warning signs of Attorney Negotiation vs. Debt Settlement Company

Thursday, March 25th, 2010

Unfortunately, Debt Settlement fraud is continuing to see an increase by debt settlement companies offering programs with absurdly low payments over long terms(over 48 months) to satisfy the consumer need to reduce payments due to high interest rates and increased payments. Although debt settlement typically does lower payments, it doesn’t take your $1,000 payment and turn it into a $400 payment. The typical payment reduction is 20-40% less that what you are currently paying. One benefit of our firm, that same 20-40% reduction also includes the attorney fee in the reduced payment, all the while giving you the legal parameters you seek when hiring us.

There are some obvious warnings signs to look out for when going into an aggressive program such as debt settlement, also known as debt negotiation :

1) Ninety-five percent of debt settlement companies are not law firms and extreme caution must be exercised- They can offer you no legal protection or advice to help you try to avoid wage garnishments , levies against your bank accounts , and liens against your personal property.  Only a law firm can do this for you.  It is possible to get sued in debt negotiation, if you are sued and are not with a debt settlement firm , but you are with debt settlement company , the company will typically drop the creditor from the program and leave you with no protection or advice.  You will then have to hire a law firm to represent you, why not start with a law firm from the beginning?  You will find the cost of our law firm is usually the same cost, if not better, and you will get the protections we offer throughout the program.

2) Completing the debt negotiation in a reasonable time frame- They will say just about anything that pleases you to enroll you in their program.  One way to recognize a scam is when they allow you to set a monthly payment amount to whatever you want.Usually, it is very low and for a much longer period of time than a knowledgeable law firm will offer you.   A debt settlement program should have you debt free of enrolled debts in thirty-six months or less, and only under specific circumstances (higher debt), no longer than forty-six months.  You need to acquire funds as quickly as possible for your budget to be successful in debt negotiation. You can put yourself at significant risk by accepting a program that lasts too long.

3) Stopping the collection calls- If a representative from a debt settlement company tells you they can stop the collections calls, ask them how? Here’s why you should ask… Debt settlement companies, which are not law firms, have NO legal ability to send Cease and Desist letters to put an end to the collection calls.  These calls can be very annoying, scary, embarrassing, and aggravating.  Our law firm’s expertise with the collection laws enables us to know how to reduce dramatically, or eliminate those calls altogether.

4) The Law Firm Must be Reputable- When it comes to law firms, you have an extra layer of protection, which is the CA State Bar Association. Check the State Bar for the attorneys standing if you are going with a law firm.  The attorneys are held to a much higher standard by being a member of the Bar Association. With unanswered complaints to the Bar, an attorney can lose his/her license and business. The attorney cannot just get another law license and open up somewhere else. Therefore, it is in their best interest to do the best job for the client.  To look at our firm and our lawyers’ standing with the State Bar, go to http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10114 under “attorney search” and input our attorney names Bert Briones and David Jess Miller. They are a prime example of a clear record you need when dealing with your debt.

In addition, if a debt settlement company is not a member of the BBB or has an unsatisfactory record with the BBB, is not in good standing with the CA State Bar, and/or is new and showing any of the warning signs above, it is best to continue your search for the proper firm to represent you.

While debt settlement can be a very smart and viable option for many, you need to be very cautious about the organization you are considering. By following the points and warning signs above, you will greatly reduce the risk of being enrolled into a program that will not benefit you.

Contact us if you are ready to take the next step out of debt. Our consultation is free, and by the end of the call you will know your options. Call today to ensure you options don’t become limited because you waited too long. Fill out our contact form to get started.

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Credit Card Reform Act starts February 22, 2010!

Monday, February 15th, 2010
President of the United States Thomas Woodrow ...
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“I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men.” (Woodrow Wilson-28th United States President)

The abuses by credit card companies are FINALLY being scrutinized.  It’s about time the U.S. government stepped in to protect the people of this country.  This new Act doesn’t fix all the problems, but it does take a good bite out of the pie known as consumer abuse by credit card companies.

Here are some things you should know about the protections that will be put in place by the new Credit Card Reform Act:

- No increase in interest rates in the 1st year a new account is opened unless:

  • you are 60 days late
  • you have a promotional period (promo period must last 6 months)
  • you have a variable interest rate card

- If they want to increase your rate after the 12 month period:

  • they must notify you 45 days in advance, in writing
  • they must give you the option to decline the new rate and payoff the balance on the original terms

- The Act restricts the creditor ability to increase the rate on existing balances unless:

  • you are 60 days late
  • you have a promotional period
  • you have a variable interest rate card

- *This is big for consumers* When was the last time your mortgage rate was increased because you were late on your car payment? Never! is the answer, and now credit cards have to play by the same rules as every other lender. The new legislation prevents card companies from raising your interest rate when you miss a payment on a different debt, known as the ”universal default clause.”

- Billing statements must now show consumers how long it would take to pay off your current debt if you only paid the minimum amount due each month. This will shock many of us, but even though it is a hard pill to swallow, the medicine will help us keep our financial health better in the future.  Also, every statement must now show consumers how much they would have to pay to zero out the balance in 36 months.

- This one seems like a no-brainer, but I guess that is asking too much from creditors. If you pay above the minimum balance, the payment must be credited towards the higher interest rate balance first. Currently, on most cards, you are paying off the lowest rate balance first. For example, cash advances are at a higher rate, under the new laws, cash advances must be credited first.

- If the consumer is 60 days late, the creditor may increase the rate, BUT they must reduce the rate to the original amount after the consumer makes 6 minimum payments in a row.

- Due dates will be on the same day every month instead of varying dates each month as it is currently.

-  Anyone under 21 must have a co-signer. This will protect the country’s youth from indebtedness before they fully understand the ramifications.

If you find yourself in credit card debt and would like to find out how you can legally reduce the amount you owe, click here to talk to one of our law firms advisors now, or fill out the contact form here and we will contact you. Debt Relief Law Group is a consumer advocacy law firm helping clients out of debt every day, call us at 877-533-2863 for more information.

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