Credit Card Solutions Queens

• Bankruptcy Solutions
• Foreclosure Solutions
• Modification & Negotiation
• Credit Card Debt Relief

Negotiated Settlement of Credit Card Debt

Credit cards can be aggressively settled, especially when the credit card companies are aware that the alternative may be a bankruptcy case to completely eliminate the credit card debt.
i) The Need for Credit Card Negotiations – Since bankruptcy solutions are typically more comprehensive and certain than negotiated settlements, the majority of customers who come to our office with credit card debt are interested in them.Nonetheless, there are numerous situations in which our clients have too many assets or too much income to file for bankruptcy in a way that would effectively reduce their debt. In other cases, the client may be better off negotiating a reduced payment for debt they can afford rather than filing for bankruptcy because the debt is not sufficiently heavy to warrant that kind of action.
ii) How Our Office Can Help You Negotiate a Settlement with Your Credit Cards – When a client is unable or unwilling to file for bankruptcy, our office can work with the creditors to arrange “lump sum” settlements for payment arrangements. Since we are a bankruptcy firm and file bankruptcy cases on a regular basis, creditors are aware that while we are looking into bankruptcy possibilities, a negotiated resolution is what we would like. We frequently succeed in obtaining a lump sum settlement that lowers the debt to 33–50% of the original amount. The loan amount will typically be lowered, but only in terms of interest and monthly payments, if the client needs to work out a payment schedule.
iii) Our Method of Negotiating with Credit Cards–

We develop an Excel file that lists all the creditors along with their relevant contact and loan information because clients frequently come to us with multiple or numerous credit cards that need to be negotiated. Then, in an effort to reach a mutually agreeable settlement, we methodically write and call every card. We can most effectively monitor our settlement efforts’ progress and inform our clients of it by using this way.
Experience, as well as the power of other legal remedies, are all beneficial in credit card talks, which can be complex. In credit card discussions, the Law Office of Ronald D. Weiss, P.C. frequently represents clients from Queens and New York.

Bankruptcy Relief of Credit Card Debt

A Chapter 7 bankruptcy case will eliminate most or all of a client’s debt and will allow the client to obtain a fresh financial start.
A A client filing under Chapter 7 bankruptcy will have most or all of their debts discharged, giving them the opportunity to start over financially. When it comes to handling heavy credit card debt and other unsecured debts like personal loans and medical bills, a Chapter 7 lawsuit is a very powerful weapon.When a client cannot pay their current obligations and faces the possibility of creditor harassment, collection activities, and negative credit, a Chapter 7 case can be quite beneficial.
i) Initiating a Chapter 7 Case and the “Automatic Stay”  – The Chapter 7 case is started by filing a petition for bankruptcy, schedules, and a statement of financial affairs with the bankruptcy court. These records contain information on the client’s assets, obligations, income, and expenses as of the filing date, and are intended to provide a complete picture of the client’s financial situation. Such information is obtained through a visit with the customer and a “intake,” wherein our organization asks several questions about the client’s financial status and collects supporting documentation for the file, including bank statements, tax returns, income verification papers, and the client’s bills and invoices. To ensure that properly list, we also look up debts on their bankruptcy schedules, obtain a credit record, and, upon request, look up judgment liens. The client is required to complete a pre-filing session of “credit counseling”—a confidential session conducted over the phone or online with a credit counselor who evaluates the client’s finances—before filing for bankruptcy. An “automatic stay,” which compels creditors to immediately cease all collection efforts and release bank constraints and wage garnishments, will shield the client from creditors as soon as the Chapter 7 case is filed.
ii) Issue of Potential “Equity” in Assets –The client must appear at a creditors’ meeting during the Chapter 7 case in order to be questioned by a trustee for the Chapter 7 case, whose job it is to ascertain whether any equity-containing assets might be sold to pay off creditors’ claims. Due to the lack of assets to cover creditors’ claims, the majority of Chapter 7 cases are referred to as “no asset” cases. In actuality, the majority of Chapter 7 debtors do have assets, but because their assets aren’t thought to have much equity, their cases are nevertheless regarded as “no asset” cases. Liens, like mortgages and auto loans, reduce the potential “equity” in some assets.loans as well as legislative exclusions that safeguard a specific level of equity.Exemptions are specific asset values that, according to the law, are off-limits to creditors. Currently, there are two exemption schemes available in New York State: those provided by federal law and those supplied by state legislation. The “homestead exemption,” which protects a client’s residence for a maximum of $150,000 per person who owns and resides in the property, is a generous feature of the New York State exemption structure. A “wildcard” exemption of roughly $12,500 per debtor is provided by the federal exemption structure, which is distinct and more liberal with stronger protection for personal property. This exemption can be utilized to protect anyitem of personal property, such as automobiles, bank accounts, and tax returns.As long as they make their payments on time and have little equity in their homes, cars, and other personal belongings, the majority of clients maintain all they own.
iii) Issue of “Avoidable Transfers” –The problem of “avoidable transfers” is closely associated with the question of possible equity in assets. These can be “preferences,” or payments to creditors paid to third-party creditors ninety days before the bankruptcy case, or to “insiders,” or the debtor’s family members or close acquaintances, a year before the bankruptcy filing. These can also be “fraudulent transfers,” which are transfers to family members or close friends of the debtor for less than fair value six years before a bankruptcy case. Avoidable transfers are not always evident, and under bankruptcy law, a transaction that at first glance seems benign may later be claimed to have been avoidable.
iv) Issue of Income Level – Apart from the concerns around assets and transfers, another difficulty is income level, as individuals who meet the requirements for Chapter 7 relief are not allowed to earn more than a specific amount, which is determined by the size of their household. In order to qualify for Chapter 7 relief, the client must either pass a means test that considers their necessary expenses even if their income is above the median level, or they must have an average of six (6) months’ gross income that is below a certain level in New York State.Before filing for Chapter 7, the revenue issue must be thoroughly examined. case by weighing the household income of the client in relation to the size of their family and their essential permitted costs in order to decide if the client qualifies for Chapter 7 relief. It is crucial to carefully average the client’s gross family income for the six months previous to filing for bankruptcy because Queens has a greater average household income than many other regions of New York State. This can be a difficult judgment in many near-line circumstances since, even in cases when the household income is higher than the median income level, there are several allowances for various essential spending that could potentially allow a “close” case under the proper circumstances to file despite income that is over the median. Where the gross household income does not pass the means test, the client can still proceed to obtain relief under Chapter 13, which does not have the same filing limits as Chapter 7.
v) Issue of “Abusive” Debt – Finally, there is also the potential issue of the abusive incurring of debt prior to filing a bankruptcy case. The incurring of a large amount of cash advances and balance transfers shortly prior to filing a bankruptcycase, may be monitored by creditors who may objeallowances for different necessary expenses that, in certain situations, would enable the filing of a “close” case even in cases where the income exceeds the median. The client may still pursue relief under Chapter 13, which has different filing restrictions from Chapter 7 in cases where the gross household income fails the means test. ct to the repayment of said obligation. Sometimes it’s best to wait and make a set number of payments before filing for bankruptcy when a customer has just incurred such “cash” debt.
vi) Avoiding Judicial Liens Against the Client’s Home – Secured liens placed against the debtor’s property cannot be discharged by the Chapter 7 case, even though it can erase unsecured debt against the debtor personally. The client may file a motion to avoid the judicial lien if, before the bankruptcy filing, a creditor had acquired a judgment and had placed it as a lien against the client’s residence because it was impeding the client’s ability to utilize his homestead exemption. Such a move can effectively prevent the judicial liens if the client’s house has no equity other than equity protected by the homestead exemption.
vii) Concluding a Bankruptcy Case and the Bankruptcy “Discharge” – A “discharge” order, or the debt’s official forgiveness, is the aim of every Chapter 7 case in order to provide the client with a “fresh start” and the opportunity to repair their credit. When a debt is discharged, the automatic stay that provided temporary protection becomes permanent. In essence, the majority of the client’s unpaid bills have now been declared void by law. The majority of student loans, the majority of taxes, and the majority of child or marital support obligations are among the few exceptions to the discharge. Although they have the option to voluntarily keep or “reaffirm” some debts, most clients choose to discharge all of their unsecured debt.
viii) The Potential Benefits of Chapter 7 and the Role of Our Law Office –The most popular kind of bankruptcy case is Chapter 7, which is used by people who are overburdened with debt to get out from under their legal obligation to pay (or “discharge”) debts such as credit card debt, medical bills, unpaid repossession or foreclosure, or other debt. Since Chapter 7 proceedings typically last four (4) months, they are quite effective in relieving clients of their need to pay debt that exceeds their means of support, enabling them to promptly address and resolve their issues. Nonetheless, in order to ascertain so, a bankruptcy lawyer must thoroughly examine a client’s situation with the client.

The client has no problems that could make the case more difficult, such as large assets with a lot of equity, potentially excessive income, purported “avoidable transfers,” and/or debt that the client may have taken on in an abusive or dishonest manner.
Like other bankruptcy cases, Chapter 7 cases can be very helpful in helping a client manage their debt, even excessive credit card debt. However, because Chapter 7 cases are so complicated, it is best for an individual to be represented by a bankruptcy attorney in order to progress with their case as efficiently as possible. You can get information and guidance regarding Chapter 7 bankruptcy from the Law Office of Ronald D. Weiss, P.C., including how and whether it can help you get relief from your excessive credit card debt.

In Chapter 7 proceedings before the United States Bankruptcy Court, the Law Office of Ronald D. Weiss, P.C. frequently represents clients from Queens and New York seeking to discharge excessive credit card debt. We may discuss with you any matters pertinent to a possible Chapter 7 case.

Litigation Defense of Credit Card Debt

Litigation Defense allows a defendant to use procedure and the legal process of the court system to challenge alleged credit card debt and to assert their legal rights.
Numerous customers of Ronald D. Weiss, P.C. face the possibility of litigation or collection activities from their creditors. Most of these creditors typically owing money for credit cards. One option for a creditor facing contested litigation, particularly one involving sizable sums, is to prepare a defense. Our company can assist the customer in responding to the lawsuit’s summons and complaint. Within 20 to 30 days following the summons and complaint’s service, this must be completed. One of the many documents typically filed as part of a litigation defense is this type of answer. A response to a move for summary judgment and, if appropriate, a move to dismiss may be included in further filings. Protectinghave to do with how this legal action was started. A litigation defense also extends the case’s duration and notifies the client and our firm of its status. A client may occasionally have a compelling defense, which could lead to the dismissal of a lawsuit. Our agency has put forth defenses that address a variety of concerns, including poor service, the presence and relevance of the purported loan documents, the stated loan terms’ clarity, the reasonableness of the loan amount, and the amount of interest and fees the credit card charges. Our office would frequently use discovery demands in an effort to get

records and/or details on the purported debt, as well as to support any defenses that may be raised.
The customer can raise any defenses they may have regarding the way the collection action was started and/or the way the credit card debt was extended by defending the collection activities by credit cards.
Litigation defense is one of the tactics utilized by The Law Office of Ronald D. Weiss, P.C. to contest purported credit card debt obligations and/or to gain time and leverage for our clients to negotiate with their credit cards. The firm routinely defends its clients in court.

How Our Law Office Can Help You With Credit Card Relief

When trying to get relief from credit card debt and other unsecured obligations, the client’s success greatly depends on the skill of the lawyer defending them.Since 1993, we have been effectively assisting thousands of Queens, Nassau County, and Suffolk County residents in obtaining relief from their credit card and other unsecured debt. Many of them have been able to permanently get rid of their unsecured debt and restore their financial stability with our assistance.When someone has unsecured debt, they should carefully consider all of their legal options: Litigation defense, bankruptcy, and/or negotiated settlements are the three options. Allow us to assist you in saving your house with our friendly, reasonably priced experience and knowledge.
Our consultations are free, the advice may be invaluable.
Please call us at (631) 271-3737, or e-mail us at [email protected] Request a free appointment to go over your choices for credit card relief in more detail.