Consumer Protection Lawyer in New York
Fighting for the Rights of Consumers
Consumers in New York have rights. The problem is that many consumers are not familiar with their rights and what they can do when their rights have been violated.
All bankruptcies filed on or after Oct. 17, 2005 have been subject to changes that can complicate the process. These changes make the guidelines for filing for Chapter 7 bankruptcy protection more stringent. If you do not qualify for Chapter 7 bankruptcy, you will have to file for Chapter 13 or to try to deal with your escalating debt using an alternative to bankruptcy.
No matter what situation you find yourself in, you need a New York consumer protection lawyer who fully understands consumer protection laws, such as the Fair Debt Collection Practices Act (FDCPA), the Fair Debt Reporting Act (FDRA), and the Fair Credit Billing Act (FCBA).
We encourage you to discuss your case with Jacovetti Law, P.C. today. During a free phone consultation, we can explain how we can help you and your family get back on the road to financial health. Whether you are facing garnished wages or medical debt, Attorney Robert Jacovetti can help.
The Means Test for Bankruptcy
The purpose of the means test is used to determine what, if anything, you can truly afford to pay to your creditors. The court divides debtors into two categories: Those with an annual income above the median level in the state and those with an annual income below the median level in the state.
The means test will help determine whether it is possible to have all your debt discharged or if you will have to repay a portion of the debt to your creditors.
Mandatory Credit Counseling Courses
Under the new bankruptcy law, debtors must complete a credit counseling course with an approved agency in their state.
After completing the course, debtors receive a certificate that must be filed with the court. Without the certificate of completion, the bankruptcy case can be closed without debts being discharged.
Changes to the Automatic Stay Rule
An automatic stay is a court order that stops most civil litigation after a bankruptcy petition is filed. All collection activity on your debts must stop immediately, including frozen bank accounts. This will stop harassment, including:
- Phone calls
This is especially helpful when you have credit card debt.
However, if you file for bankruptcy multiple times in a short period of time, the automatic stay will be impacted. It is critical to speak with a New York consumer protection lawyer about whether bankruptcy will stop your creditors from continuing debt collection activity.
Consult with Jacovetti Law, P.C.
It is important to understand how bankruptcy can affect you specifically. Robert can review your case and advise you as to how to proceed. He can be by your side if you need to fight a debt collection lawsuit.
At Jacovetti Law, P.C., we fully understand that you are in an overwhelming situation. You cannot possibly be expected to know or fully understand the many details of complicated bankruptcy laws. Instead, you can rely on Robert’s knowledge and experience.
A very professional company!- Joel
HAVING PROFESSIONALS SUCH AS YOUR FIRM IS WONDERFUL- Miguel O.
I am very happy with the settlement that Richard attained for me- Ronald W.