Bankruptcy
Practice Area
Free Case Evaluation
Your initial consultation will be with a bar certified attorney qualified to handle your case from start to finish.
BANKRUPTCY & CONSUMER LAW
Russo, White & Keller, P.C. handles several types of bankruptcy cases and consumer litigation cases. Bankruptcy is never an easy decision and sometimes it is the right decision. The bankruptcy laws can be challenging to navigate but they are designed to protect you and your property. We help individuals and businesses file bankruptcy, consolidate debt, stop creditor harassment, and fight to protect our clients’ rights under both bankruptcy and consumer laws.
Tired of being harassed by creditors?
Are they calling you every hour on the hour every day? Creditors seem to be relentless in their quest to force you to pay a debt. Often times, the original creditor will sell your debt to debt collectors that will harrass you in order to get you to pay them. Pressure from both creditors and debt collection agencies can come in the form of creditor harassment. We have several options at our disposal to put a stop to the harassment.
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal.
Please contact us immediately if you currently have a modification of your mortgage pending, and your home has been foreclosed (or the mortgage company is threatening foreclosure).
AUTOMATIC STAY AND DISCHARGE INJUNCTION VIOLATIONS
Filing for bankruptcy creates an automatic stay which is like a security blanket or shield that protects you from harassment by creditors and stops most non-criminal proceedings against you, such as lawsuits and garnishments. It also prevents creditors from contacting you by telephone, email, text, or in writing. The automatic stay applies while you are in the case.
Once you receive a discharge at the end of your case, the discharge follows you the rest of your life and protects you from continued efforts by creditors or collection agencies from trying to collect from you the debt you discharged in the bankruptcy.
Sometimes creditors or collection agencies will try to collect debt during the bankruptcy case or after the discharge. You have certain rights and remedies available to you against those creditors or collection agencies when this happens. For example, creditors may continue to write or email you and demand payment for the debt even though the debt is included in the bankruptcy. Sometimes, these actions can occur many months or years after you have received a discharge of the debt.
We are one of only a few law firms in Alabama that handle these claims and have had great success in protecting the rights of debtors. If you feel that your rights might be violated, contact us for a free consultation.
FAIR DEBT COLLECTION PRACTICES ACT
The Fair Debt Collection Practices Act (FDCPA) requires debt collector to follow certain requirements as they try to collect debts. In essence, it provides debtors a large amount of protections from others trying to collect debts. For example, debt collectors can only contact consumers during certain hours of the day, cannot misrepresent the character, amount or legal status of the debt, or harass, oppress, or abuse a consumer in connection with the collection of the debt.
The FDCPA provides protections for consumers when debt collectors do not comply with its requirements. If you feel that your rights might be violated, contact us for a free consultation.