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  • Bankruptcy Information
  • Attorneys
  • Testimonials
  • FAQs
  • Contact Us
  • Stop Wage Garnishment Now
  • BK Blog
  • Building Your Credit Score After Bankruptcy

​Peterson Zeyer Law - Bankruptcy Blog

​ Are Creditor Harassing you?  Know your rights!

4/20/2022

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Should you fall behind in paying your debts, or if an error is made on your account, it is likely that you will be contacted by what is known as a “debt collector”. A debt collector is a person, other than the original creditor, who collects debts owed to others. During this collection process you have the right to be treated fairly.
 Your rights are listed in The Fair Debt Collection Practices Act (FDCPA). This federal law prohibits debt collectors from engaging in unfair, deceptive, or abusive practices while collecting debts. You can learn a lot about your rights from the Federal Trade Commission's web site.
Under the FDCPA:
  • Debt collectors may contact you only between 8 a.m. and 9 p.m.
  • Debt collectors may not contact you at work if they know your employer disapproves. You may request to have them call you either before or after work, but you must be willing to answer the phone during your requested times.
  • Debt collectors may not harass, oppress, or abuse you.
  • Debt collectors may not lie when collecting debts, such as falsely implying that you have committed a crime. (If this does occur this could be a sign that you are dealing with a scammer.)
  • Debt collectors must identify themselves to you on the phone.
  • Debt collectors must stop contacting you if you ask them to do so in writing.
It is also necessary to remember that if a creditor contacts you on a debt that was discharged through your bankruptcy, they are violating the Federal Discharge Order.  If this is happening to you, you may have a cause of action against the debt collector.  Call us and we can help determine what options you have.
​
If you feel that your rights have been violated in any way, call Peterson Zeyer Law and set up a free consultation. We will be able to help you through the necessary steps to put a stop to oppressive debt collectors. 
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​HOW BANKRUPTCY CAN CLEAR CREDIT CARD DEBT

4/14/2022

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You’ve probably heard that you can get rid of your credit card debt by filing for bankruptcy. This is true, for the honest but unfortunate debtor. Overwhelming credit card debt is one of the top reasons people file bankruptcy. Schedule a free bankruptcy consultation with Idaho bankruptcy attorney Hyrum Zeyer and he will guide you smoothly through the bankruptcy process to successfully clear credit card debt and get a fresh start. Below is information about what to expect when filing bankruptcy.

Preparing to File Bankruptcy

Information and Documentation Needed
To prepare your petition and schedules, Peterson Zeyer Law will help you gather and organize your financial information and documents. After a free bankruptcy consultation, Peterson Zeyer Law will let you know what documents you will need to provide. Everyone should plan on providing the following documents:
  • Last two years of filed federal and state income tax returns
  • Last six months of paystubs
  • A list of all your assets
  • A list of all your creditors
  • Last six months of statements for each financial account
  • Copies of any collection lawsuit against you
Evaluating Your Assets
To file bankruptcy, the bankruptcy code requires that you list all your assets, even your small and simple assets. Financial assets, including bank accounts, you’ll need to provide the last six months of statements. It’s always important to find the current fair market value of your real property and vehicles. Online websites that value real property and vehicles are a good place to start but sometimes real estate agents or appraisers are needed. For your remaining personal assets like clothing, household goods, and personal items, list what you would expect to pay at a yard sale or on Facebook Marketplace for a similar item. If you have jewelry, antiques, original art, or collectibles of any kind, an appraisal may be required. With current and accurate values for your assets bankruptcy attorney Hyrum Zeyer will help protect your assets to the fullest extent of the law.
Taking the Credit Counseling Course
The bankruptcy code requires that you take an online course before filing the bankruptcy and second course after filing bankruptcy.  Each course takes about 90 minutes to complete and once completed you will receive a certificate of completion that needs to be filed with the bankruptcy court.  Peterson Zeyer Law will provide all the information needed to complete this step and to file the certificates for you.

What to Expect When Your Bankruptcy Petition Is Filed

Your Bankruptcy Case Number and the Automatic Stay
Once you file your petition, schedules, list of creditors, and certification of completion of the credit counseling course, and you pay your filing fee, you will receive a bankruptcy case number identifying your case. Once your bankruptcy is filed the bankruptcy automatic stay is in place. Creditors will receive notice of your bankruptcy filing and the automatic stay. The automatic stay prevents Creditors from instituting or continuing any collection efforts against you, including sending letters, calling you, suing you, continuing a lawsuit, garnishing your wages, or levying on your bank account. If a creditor persists in collection efforts, contact the Peterson Zeyer Law to resolve the issue.
Your Meeting of Creditors
A day or two after you file, your Meeting of Creditors will be scheduled. Peterson Zeyer Law will represent you at this Meeting of Creditors and will prepare you to meet with the Trustee. During this meeting the trustee will swear you in and ask you questions about your bankruptcy petition, finances, and assets.
The meeting is also an opportunity for creditor to appear and ask you questions. Usually, Creditors do not appear and ask questions.  However, they can.  Creditors will be more likely to appear if there is an allegation of fraud on your part in incurring the debt, or if you have a disgruntled ex-spouse or neighbor that you owe a debt to.
These meets usually last 8 to 10 minutes, and Bankruptcy Attorney Hyrum Zeyer with Peterson Zeyer Law will make sure you are prepared to answer the questions at the Meeting of Creditors and that this meeting will go smoothly for you. 
Your Financial Management Course
Any time after you file, you can take this second course online. Just like the first course, a certificate of completion must be filed with the bankruptcy court. Peterson Zeyer Law will make sure to send you a reminder about this course and will file your certificate of completion for you.  
Receiving Your Discharge Order
After the deadline for creditors to object to discharge has passed, the court will automatically enter a discharge order. You and your creditors will be mailed the discharge order directly from the bankruptcy court. This discharge order means that you are no longer responsible for paying back your dischargeable debt.  Peterson Zeyer Law will help you know if you have any debts that will not be automatically discharged like student loans, some tax debts, and family support obligations.

Bankruptcy attorney Hyrum Zeyer with Peterson Zeyer Law has the experience to make the bankruptcy process simple and smooth for you. For a free bankruptcy consultation call us at 208-433-9882 or access Mr. Zeyer’s online calendar through the Contact Link.
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Bankruptcy vs Credit Card Debt and What to expect

4/8/2022

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You’ve probably heard that you can get rid of your credit card debt by filing for bankruptcy. This is true, for the honest but unfortunate debtor.
Overwhelming credit card debt is one of the top three reasons people file bankruptcy, the others being job loss and medical debt. Schedule a free bankruptcy consultation with Idaho bankruptcy attorney Hyrum Zeyer and he will guide you smoothly through the bankruptcy process to successfully clear credit card debt and get a fresh start.

Preparing to File Bankruptcy
Information and Documentation Needed
To prepare your petition and schedules, Peterson Zeyer Law will help you gather and organize your financial information and documents. After a free bankruptcy consultation, Peterson Zeyer Law will let you know what documents you will need to provide. Everyone should plan on providing the following documents:
  • Last two years of filed federal and state income tax returns
  • Last six months of paystubs
  • A list of all your assets
  • A list of all your creditors
  • Last six months of statements for each financial account
  • Copies of any collection lawsuit against you
Evaluating Your Assets
To file bankruptcy, the bankruptcy code requires that you list all your assets, even your small and simple assets. Financial assets, including bank accounts, you’ll need to provide the last six months of statements. It’s always important to find the current fair market value of your real property and vehicles. Online websites that value real property and vehicles are a good place to start but sometimes real estate agents or appraisers are needed. For your remaining personal assets like clothing, household goods, and personal items, list what you would expect to pay at a yard sale or on Facebook Marketplace for a similar item. If you have jewelry, antiques, original art, or collectibles of any kind, an appraisal may be required. With current and accurate values for your assets bankruptcy attorney Hyrum Zeyer will help protect your assets to the fullest extent of the law.
Taking the Credit Counseling Course
The bankruptcy code requires that you take an online course before filing the bankruptcy and second course after filing bankruptcy.  Each course takes about 90 minutes to complete and once completed you will receive a certificate of completion that needs to be filed with the bankruptcy court.  Peterson Zeyer Law will provide all the information needed to complete this step and to file the certificates for you.

What to Expect When You File Chapter 7 Bankruptcy
Your Bankruptcy Case Number and the Automatic Stay
Once you file your petition, schedules, list of creditors, and certification of completion of the credit counseling course, and you pay your filing fee, you will receive a bankruptcy case number identifying your case. Once your bankruptcy is filed the bankruptcy automatic stay is in place. Creditors will receive notice of your bankruptcy filing and the automatic stay. The automatic stay prevents Creditors from instituting or continuing any collection efforts against you, including sending letters, calling you, suing you, continuing a lawsuit, garnishing your wages, or levying on your bank account. If a creditor persists in collection efforts, contact the Peterson Zeyer Law to resolve the issue.
Your Meeting of Creditors
A day or two after you file, your Meeting of Creditors will be scheduled. Peterson Zeyer Law will represent you at this Meeting of Creditors and will prepare you to meet with the Trustee. During this meeting the trustee will swear you in and ask you questions about your bankruptcy petition, finances, and assets.
The meeting is also an opportunity for creditor to appear and ask you questions. Usually, Creditors do not appear and ask questions.  However, they can.  Creditors will be more likely to appear if there is an allegation of fraud on your part in incurring the debt, or if you have a disgruntled ex-spouse or neighbor that you owe a debt to.
These meets usually last 8 to 10 minutes, and Bankruptcy Attorney Hyrum Zeyer with Peterson Zeyer Law will make sure you are prepared to answer the questions at the Meeting of Creditors and that this meeting will go smoothly for you. 
Your Financial Management Course
Any time after you file, you can take this second course online. Just like the first course, a certificate of completion must be filed with the bankruptcy court. Peterson Zeyer Law will make sure to send you a reminder about this course and will file your certificate of completion for you.  
Receiving Your Discharge Order
After the deadline for creditors to object to discharge has passed, the court will automatically enter a discharge order. You and your creditors will be mailed the discharge order directly from the bankruptcy court. This discharge order means that you are no longer responsible for paying back your dischargeable debt.  Peterson Zeyer Law will help you know if you have any debts that will not be automatically discharged like student loans, some tax debts, and family support obligations.

Bankruptcy attorney Hyrum Zeyer with Peterson Zeyer Law has the experience to make the bankruptcy process simple and smooth for you. For a free bankruptcy consultation call us at 208-433-9882 or access Mr. Zeyer’s online calendar through the Contact Link. 
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Peterson Zeyer Law
1215 W Hays Street
​Boise, ID 83702
​
phone: 208.433.9882
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