Kent Bankruptcy Litigation Attorneys Going Beyond Filings
Many bankruptcy law firms promote their ability to file Chapter 7 and Chapter 13 bankruptcies, to provide you fast debt relief. However, there are times when fast is not always best. Many cases we handle at the Washington-based Iwama Law Firm involve complex bankruptcy litigation that involves:
Avoiding Liens: Second Mortgage, Judgment Lien
Aggressive collection actions by creditors often take the form of liens and judgments on your property. The completion of a Chapter 13 bankruptcy plan over three to five years can not only strip second mortgages, but also eliminate liens and judgments.
Foreclosure Defense
Most of the clients who come to the Iwama Law Firm are seeking protection not only from creditors, but their mortgage lenders. Being served with a notice of foreclosure does not mean you will lose your home. Contact founder Matt Iwama, an experienced Seattle foreclosure defense litigation attorney, for an effective and aggressive foreclosure defense.
Prepetition Claims: Fair Debt Collections Practices Act (FDCPA)
Creditors violating federal and state collection laws are more a rule than the exception. Taking a proactive approach allows us to start the process of FDCPA prepetition claims. The evidence you gather helps us move forward and put the claims into the bankruptcy schedule. Simply put, you may be entitled to damages.
Truth in Lending Act (TILA)
The Truth in Lending Act protects you by requiring your lender to disclose terms, costs and other details involving a lending agreement. You have the right to require verification of who holds the obligation. If they fail to provide that information, they are in violation of TILA.
Real Estate Settlement Procedures Act (RESPA)
Under RESPA, having a mortgage agreement allows you to see the note, deed of trust and transaction history. When you make a house payment, you assume that the payment is processed on the same day. Late fees and penalties add up over time when a bank delays applying the payment.
Violations of Automatic Stay and Discharge Injunction
A bankruptcy filing is meant to stop collection actions. Agencies that violate that automatic stay must be held accountable. Debt buyers also engage in illegal activity in violating discharge injunctions by continuing collection actions.
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