How to Avoid Common Scams Targeting Bankruptcy Petitioners

TRI Writer • July 28, 2021

Many individuals and families facing bankruptcy are also experiencing one of the most vulnerable time periods of their life. Sadly, this may make bankruptcy petitioners a target for scams.

Avoid Common Bankruptcy Scams:

When facing a financial crisis (like the type of financial crisis that leads many consumers to bankruptcy), it’s common to seek any possible solution. Unscrupulous individuals often try to capitalize on the situation by taking advantage of individuals undergoing hardship and facing bankruptcy. If you are considering bankruptcy, filing bankruptcy, or recently filed bankruptcy, stay aware of common bankruptcy scams so you can avoid them.

Different Types of Bankruptcy Scams

  • Credit Counseling Scams
  • Scamming Companies Offering to Make Bankruptcy Easier
  • Scammers Offering to Stop Foreclosure

How Do You Recognize a Credit Counseling Scam?

There are legitimate credit counseling services available out there. In fact, some of them could be a good option for some individuals facing a crisis of debt. When dealing with a legitimate credit counseling service, they are very clear about fees for their services, and they do not make outlandish promises that working with them will completely turn your credit and financial life around. So how do you recognize a credit counseling scam if there are legitimate companies that actually do offer effective credit counseling services? If a credit counseling service is consistently offering to sell you products instead of providing actual advice or counsel, you may be working with a scammer. If you aren’t sure if the credit counseling service you are talking to is legitimate or not, compare their fees with other credit counseling services.

How Is Offering to Make Bankruptcy Easier a Scam?

Some scammers reach out to people in financial crisis who are likely to be considering bankruptcy, and they will offer to help make the bankruptcy easier. They claim they can help you get your credit reports, and find a bankruptcy attorney , and file paperwork necessary for your bankruptcy. It sounds good, but in reality, credit reports are available free of charge in most cases, it’s not difficult to find a bankruptcy attorney, and if someone is filing paperwork for your bankruptcy, you want it to be an experienced bankruptcy attorney. Otherwise, you run the risk of paying the sketchy company large fees, so they can make mistakes in your paperwork that could cause real damage to your bankruptcy case.

Scamming Companies that Offer to Stop Foreclosure:

Too often, scammers approach bankruptcy petitioners knowing the amount of emotional upheaval they are going through due to a home foreclosure. These scammers talk the petitioner into rerouting their mortgage payments to the scamming company instead of their lender or even urge the homeowner to sign the deed to their home over to the scamming company. In many cases, these companies take the homeowner’s money without ever contacting their lender about the foreclosure. Never make your mortgage payment to anyone or anything other than the bank that holds the note. If anyone tells you otherwise, consider it an immediate red flag.

If you have questions about filing bankruptcy or how to avoid common bankruptcy scams, we can help. Find out more about getting a fresh financial start through bankruptcy. Get in touch with Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney as soon as possible.

A statue of justice is sitting on a wooden table.
March 20, 2025
Struggling with debt? Learn seven key signs that it might be time to consider bankruptcy. Kenneth C. Rannick P.C. offers legal guidance to individuals in Chattanooga ready for a financial fresh start.
February 17, 2025
Can I Keep My Car If I File for Chapter 7 Bankruptcy in Tennessee?
February 1, 2025
What Are My Options If I Am Drowning in Credit Card Debt in Tennessee?
November 21, 2024
What Are the Documents Required to Apply for Chapter 7 Bankruptcy in Tennessee?
October 29, 2024
What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Tennessee?
June 24, 2024
Understanding Chapter 7 Bankruptcy Qualifications
April 5, 2024
Understanding the Role of the Trustee in Chapter 13 Bankruptcy
March 27, 2024
Understanding which Debts can be Discharged in Chapter 7 Bankruptcy
February 19, 2024
Protecting Your Assets in Chapter 7 Bankruptcy
January 30, 2024
Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
More Posts