Deerfield Beach Bankruptcy & Debt Litigation Attorney
At the Law Office of Adam I. Skolnik, P.A., we strive to solve every case as efficiently and amicably as possible. Sometimes, however, it is in your best interest to take a case to trial to get the best results. Other times, you can be forced into litigation by the other party. Either way, we’ll see that you are protected. Deerfield Beach bankruptcy & debt litigation attorney Adam Skolnik has years of experience in litigation and is familiar with all the different causes of action that bring a person into court on bankruptcy or debt-related matters. Rest assured that if your legal matter needs to be litigated, the Law Office of Adam I. Skolnik, P.A., is more than ready to meet those needs.
Common Causes of Action in Palm Beach and Broward Counties
From our office in Deerfield Beach, our firm handles bankruptcy and debt litigation throughout Palm Beach and Broward counties. The bulk of our bankruptcy and debt litigation practice falls into the following categories:
- Mortgage Servicing Violations
- Federal and Unfair Debt Collection Practices
- Bankruptcy Stay and Discharge Violations
- Student Loans (borrower defense)
See below for more information about how our skilled bankruptcy attorney helps in these areas.
Mortgage Servicing Violations
Your mortgage servicer is the company you send your monthly mortgage payments to; it may or may not be the bank that initially gave you the loan. The servicer applies your payments to the interest and principal on your loan according to the amortization schedule and also disburses tax and insurance payments from your escrow account. Mortgage servicers are often massive companies, and they can make mistakes. They can misapply payments and credit them incorrectly to your account or even apply them to the wrong account. They can report payments as late to the credit bureaus, wrecking your credit score even though you paid on time. They can also fail to pay taxes and insurance, putting you in hot water with the government or exposing you to liability for property damage.
Other serious mortgage servicing violations can include:
- Wrongfully putting your payment into a suspense account based on alleged overpayment or underpayment
- Imposing force-placed insurance when already have coverage
- Charging unreasonable fees
One of the most serious errors occurs when the servicer’s foreclosure department moves forward with foreclosure at the same time their loan modification department is working with you on a loan modification. The Law Office of Adam I. Skolnik, P.A., takes on mortgage servicers and holds them accountable for their mistakes and misconduct that cause you financial harm.
Federal and Florida Unfair Debt Collection Practices
When bills go unpaid, individuals start to experience harassment by creditors and bill collectors. This continuous harassment might come from the creditor’s collection department, or the creditor might sell the debt to a bill collector who has no relationship with you and acts even more aggressively to try and get payment. Both the federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) prohibit a long list of aggressive or harassing tactics by creditors and bill collectors. A few of the prohibited practices include calling you too early in the morning or too late at night, talking to your family members or neighbors about your debt, threatening to have you arrested, using offensive or abusive language with you, or calling you at work after you told them you can’t take calls there.
Both the FDCPA and the FCCPA allow you to sue for violations of the law. You can recover statutory damages up to $1,000 per violation, along with any actual damages their conduct inflicted on you. You can also recover payment for your attorney fees, as well as punitive damages for especially outrageous conduct.
The Law Office of Adam I. Skolnik can represent you in an unfair debt collection lawsuit. Our firm also provides debt defense in collection lawsuits, if the creditor sues you in court to collect the debt. Often they don’t have evidence that proves the existence of the debt, they’ve made some error on a debt you’ve already paid, or they commit technical procedural errors, including filing a claim after the statute of limitations has expired.
Don’t acknowledge or make a payment on a debt you dispute, and don’t ignore a lawsuit filed against you; you could wind up subject to a default judgment if you don’t act promptly. Call the Law Office of Adam I. Skolnik, P.A. We’ll work with your creditor to resolve the dispute, defend you in court, or recommend bankruptcy or other options to deal with the debt.
Bankruptcy Stay and Discharge Violations
The bankruptcy court imposes an automatic stay on collections for 30 days after you file your bankruptcy petition. However, if you fail to keep up with your loan payment during that time, your creditor might file a motion with the court to get the stay lifted. If this happens, they can move forward with a foreclosure or repossess your property. You have a right to a hearing on this matter and challenge the creditor’s motion for relief from the stay.
Creditors might also dispute whether your debt should be discharged by the bankruptcy court. They might claim your debt is the result of fraud or a willful and malicious injury. For instance, a credit card company might claim you obtained and charged up a credit card just before filing for bankruptcy with no intention of ever making a payment. We can defend you in court on nondischargeability claims, including seeking to have your attorney fees paid by the other side when they weren’t substantially justified in bringing the proceeding against you in the first place.
Student Loans (borrower defense)
The borrower defense to repayment is a form of loan forgiveness. If your school misled you or violated the law related to the loan or educational services, you can apply to have the loan forgiven. The borrower defense may be available, for instance, if the for-profit school misrepresented its job placement rates or otherwise fraudulently induced you to enroll, or if the school employed unqualified instructors or otherwise failed to provide the education it promised. They may have also doctored the loan application documents to get you a loan you didn’t qualify for, enriching themselves at your expense.
The borrower defense can get you partial loan relief depending on your earnings compared to others who completed similar programs at other schools. You can also get a forbearance or stopped collections status while your application is pending, although interest will continue to accrue.
Smart, Effective Representation in Bankruptcy and Debt Litigation in Deerfield Beach, Palm Beach and Broward Counties
Florida bankruptcy attorney Adam Skolnik is familiar with all the common causes of action people face related to bankruptcy or debt collection. You have the right to defend yourself in litigation and put forward all available legal claims and defenses on your behalf. An experienced Deerfield Beach bankruptcy & debt litigation lawyer is essential to protecting your rights and getting a successful result. From Fort Lauderdale to Boca Raton, call the Law Office of Adam I. Skolnik, P.A., in Deerfield Beach for advice and representation in bankruptcy and debt litigation in Palm Beach and Broward counties.
