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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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I had a bar that I sold 4+ years ago. It also cost me my marriage.

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I had a bar that I sold 4+ years ago. It also cost me my marriage. I had bought the bar at the time beacuse I was removed from the U.S. Postal Service on a Civil Service retirement. After a total left hip replacement I was not allowed to return to work and protocol was not followed in accordance with the current labor/management contract at the time and I filed a discrimination suit and this was how I was bought off. Prior to this I was also retired from the U.S. military and discharged with a 50% disability rating.

I was caught in the downfall of the economy and went into debt approximately $65,000.00 in ddebt. I have talked with an attorney on three or four occassions about this situation and we discussed both a Chapter 7 and Chapter 13. Since all I have received are telephone calls and letters in the mail to this point I have not actively persued trying to make a payment to any of my debtors yet.

Somewhere along the line I have used my youonger brothers name in applying for credit and he is now getting the phone calls and the letters. Two questions. How can I stop creditors from bothering/harassing him. I also would like to know the best way to approach my debtors to make some kind of equitable settlement one on one to stop all of the attemted contacts.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Can you elaborate on what you mean when you wrote that you used your brother's name? Are you saying that you applied for credit in his name such that he is the debtor? Or do you merely meant that his name was given at a contact? Something else?
Customer: replied 3 years ago.
My brothers name was only used as a reference/contact. Nothing else
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

If the people calling are from a collection agency, then he can tell them not to contact him again. If they ignore that request, then your brother could theoretically sue them for violating the Fair Debt Collection Practices Act (FDCPA).

With regard to settling the debt, you will likely gain leverage by explaining that you're attempting to settle in order to avoid bankruptcy. Most creditors will not want to push you over the edge such that bankruptcy is your only option since bankruptcy most likley means they won't be paid anything. So, bankruptcy is your trump card. That said, I wouldn't pose it as a threat, but rather as a possible solution if a settlement cannot be reached. I think that you'll likely be able to settle for much less than what you owe. I will point out, however, that this strategy assumes that you don't have valuable assets that can be taken by creditors. For example, if you own unencumbered real estate, then your creditors will expect you to sell the real estate to repay your debts. The threat of bankruptcy wouldn't do much good since you'd lose the real estate in bankruptcy anyway.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 10018
Experience: JD, MBA
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