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MDL Bankruptcy Blog


By Mike Daniels 17 May, 2017
When you file bankruptcy , one of the benefits  (maybe the biggest benefit) is silence. Nobody, not your creditors, not their collection agents and not their attorneys, are permitted to hassle you. They can't call, they can't write, they can't file or finish a lawsuit! If you filed a bankruptcy and collectors are hassling you, tell your lawyer right away! This isn't legal.

But what happens if the creditors don't obey the law? We've certainly seen that banks can get away with murder. Virtually no one had to go to jail after they crashed the economy in 2008. But with bankruptcy that isn't so much the case. A bankruptcy court in North Carolina just sanctioned Nationstar Mortgage $54,000 for repeatedly calling people during their bankruptcy in an attempt to collect the debt. The unusual part of the case is that these debtors were actually current on their mortgage, and paying it in a Chapter 13 case!

If collection creditors are harassing you we can help. Get comprehensive advice and straightforward answers. Call Albuquerque bankruptcy attorney Mike Daniels at 505-246-9385 or email for a  free consultation  today.

By Mike Daniels 08 Apr, 2017
When you file bankruptcy, one of the benefits (maybe the biggest benefit) is silence. Nobody, not your creditors, not their collection agents and not their attorneys, are permitted to hassle you. They can't call, they can't write, they can't file or finish a lawsuit! If you filed a bankruptcy and collectors are hassling you, tell your lawyer right away! This isn't legal.

But what happens if the creditors don't obey the law? We've certainly seen that banks can get away with murder. Virtually no one had to go to jail after they crashed the economy in 2008. But with bankruptcy that isn't so much the case. A bankruptcy court in North Carolina just sanctioned Nationstar Mortgage $54,000 for repeatedly calling people during their bankruptcy in an attempt to collect the debt. The unusual part of the case is that these debtors were actually current on their mortgage, and paying it in a Chapter 13 case!

Please contact your attorney if you experience debt collection after filing bankruptcy. It is a serious matter!
By Mike Daniels 08 Apr, 2017
I just saw a post at the National Consumer Bankruptcy Attorneys site saying that law enforcement is seeing a new scam. People who file bankruptcies are being called by spammers who spoof the phone numbers of their bankruptcy attorneys and high pressure the victims to wire money to them supposedly to pay some debt. Some victims are threatened with arrest if they don't pay. Apparently the bankruptcy part of it is that since bankruptcy filings (like all court filings) are public record, the scammers tell the victims personal details about their lives to make the deception more believable.

I have heard of one example of this happening in New Mexico to a colleague, so please be alert. Any clients of mine who receive calls supposedly from me instructing them to pay some debt to someone please hang up and call me directly to verify. I won't dun you to pay bills, and no bill collectors can legally threaten you with arrest or jail.
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