Michael O. Hays - Bankruptcy Attorney for Northern California » Michael Hays

Why You Shouldn’t Feel Guilty

Michael Hays — Thu, 07 Jan 2010 22:51:52 +0000

This is a article taken from the book How to File Chapter Seven Bankruptcy, by Nolo Press, which explains why filing bankruptcy is a logical course to take in an adverse socio-economic time. Read this and put your mind at ease.

And for those of you wondering how the bankers and mortgage lenders sleep at night after the misery they have caused in the housing market through foreclosures and loan modifaction snafus, check out this piece about how a ”business is business” ethos should apply equally to banks and borrowers.

Fair Debt Collection–You & Creditors’ Harassing Phone Calls!

Michael Hays — Tue, 09 Dec 2008 23:26:47 +0000

The Fair Debt Collection Practices Act established specific guidelines for Creditors to follow in their pursuit of gathering a debt. The rules and procedures are extensive (read the entire Fair Debt Collection Act here, if you like) but most of our clients’ questions are answered in this handy fact sheet that explains by what means creditors may contact you and what simple legal action you can take to end their telephonic harassment.

In answer to a few questions:

Yes, you can request that creditors stop calling you at work, bothering your family or neighbors, or calling at inappropriate times by writing a letter to the creditor and telling them to cease contacting you. The creditor still has the right to contact you if they decide to sue you or pursue other legal means of recovering their debt. You must respond to all legal suits regarding your debt collection.

It is illegal for a creditor to threaten or verbally abuse you.

There is a statute of limitation on debt collection. If you are being asked to pay a debt that has been written off under the statute of limitations (in California, creditors have 4 years to collect most debts) then your debt has probably been sold to a scavenger collection agency. This website has information on handling this type of debt collection and a listing of statute of limitation designations for each state.

If you wish to contest a debt you must do so in WRITING within 30 DAYS of receipt of the collection notice.

Bankruptcy Questionnaire

Michael Hays — Tue, 16 Sep 2008 22:53:14 +0000

Please complete the document bankruptcy-questionnaire to the best of your ability and bring it with you to your initial consultation. Carefully read the first three pages of the questionnaire that explain what forms you will need to bring to your meeting as well as the policies and practices of filing for bankruptcy with our office.

Articles about Bankruptcy, Debt, Mortgages, and the Economy

Michael Hays — Wed, 30 Jul 2008 00:02:05 +0000

This is an interesting collection of articles that address many of the issues and concerns of our clients. Feel free to browse this collection and learn more about other people in situations similar to yourself and how large scale economic decisions affect your quality of life.

A great article from the New York Times. An exhaustively researched look into the predatory lending practices of credit card companies and mortgage guarantors that contributed to the current economic instablility in the housing and credit markets. A must-read for anyone trying to get a better handle on the complicated economic issues of today.

A lot of our clients have questions about Student Loan debt and why it is so infrequently discharged in bankruptcy cases. The following website, www.studentloanjustice.org, explains much of the politics and backroom deals that went on between fatcat lobbyists and CEO’s at Sallie Mae and the government officials who shielded student loan debt from the laws of bankruptcy.

Directions to the Redding Courthouse

Michael Hays — Tue, 29 Jul 2008 23:42:02 +0000

From Chico

Take CA-99 North toward Redding / Red Bluff. Continue for 38 miles.

Merge onto I-5 North; Proceed for 28 miles.

Take the Cypress Avenue Exit, EXIT 677, towards Redding.|

Turn Left onto East Cypress Avenue

Turn Left onto Bechelli Lane; Courthouse is at 2986 Bechelli, at the corner of Hartnell.

Make sure to arrive at the Courthouse 10 to 15 minutes before your 341 Hearing appointment. Michael will meet with you on the 2nd floor, outside Room 200.

YOU MUST BRING YOUR SOCIAL SECURITY CARD AND A DRIVER’S LICENSE TO YOUR HEARING. THE JUDGES ARE NO LONGER ACCEPTING ANY SUBSTITUTES FOR SOCIAL SECURITY CARDS. IF YOU DO NOT HAVE A SOCIAL SECURITY CARD, PLEASE APPLY FOR ONE AS SOON AS POSSIBLE. THAT WAY, YOU WILL HAVE IT IN YOUR POSSESSION WHEN YOU GO TO COURT.