February 8 is National Kite Flying Day Keep that in mind the next time your smartphone or landline rings and a creditor lurks at the other end. Sure, you want to tell them to go fly a kite, but do you have a better option? What about filing for bankruptcy?
Up in the Air
February's designation as National Kite Flying Day could be confused with June 15th's Fly a Kite Day or April's National Kite Month.
Fly a Kite Day falls on the anniversary of Ben Franklin's legendary experiment involving a kite, a key, and a bolt of lightning. The American Kitefliers Association (aka the, uh, AKA) picked April for National Kite Month because of brisk spring winds.
But National Kite Flying Day seems to have shot up into the air all on its own, with no originator or reason. We can still use the day as a useful reminder that sticky financial troubles can be handled in better ways than just screaming into telephones or banging out nasty text messages.
When you are facing financial challenges, the amount of intimidating creditor calls can be overwhelming. Those nasty emails and text messages and angry calls — or worse, the overly professional, disdainful calls — coming in at all hours of the day and night begin to seem unreal.
Your creditors can't squeeze blood from a stone or money from an empty pocket. That does not seem to stop the creditors from trying, though! Much as you may want to just unreel a kite string and let a wind carry away your cares, you cannot. You have to face your financial troubles.
The easiest, fastest, strongest legal way to shed those creditors is not to tell them to take a hike or fly a kite, but to file for personal bankruptcy.
Against the Wind
Kites fly aloft because you launch them against the wind. Your credit history and troubles may make you feel you are forever pushing into headwinds. You fight and scrimp and save and pay a little, only to fall behind a lot. You could feel hopeless, penniless, and depressed.
When you file for personal bankruptcy and tap the resources of an experienced bankruptcy attorney, you are suddenly lifted up, feel the wind at your back, and see blue skies above. Creditors cannot continue to harass you (well, they can try, but they face major legal consequences for doing it).
You no longer have to fear the phone.
But the Texas Debt Collection Act …
Some folks will say you are already protected from creditor harassment through the Texas Debt Collection Act of 1997. Well, sure. Sorta. At least technically, under the 26-year-old law, creditors cannot:
- Call you anonymously or continuously
- Misrepresent your debt total
- Falsely accuse you of a crime or fraud
- Use profanity or obscenities
- Use a false name (saying they are from Acme Bank when they are from Debt Collectors R Us)
- Fail to disclose the name of the company that owns the debt
- Threaten you with violence or criminal conduct
- Misrepresent mailed paperwork as being from an official government agency
- Try to collect more than the amount of your debt
You can learn more about the limits of debt collectors either from the Texas Attorney General's office or from your bankruptcy attorney. To prosecute a debt collector for illegal behaviors, you have to prove in court that the debt collector committed them. That could be tricky and expensive.
On the other hand, when you file for personal bankruptcy under either Chapter 7 or Chapter 13, an automatic stay is in place with respet to all your creditors.
The 1997 law on the books is one thing (and, yes, it can have teeth), but a bankruptcy automatic stay is an entirely different legal animal. Once your bankruptcy is filed, no creditor can contact you. Period. Doing so is a violation of the Bankruptcy Code. Consequences of violating the bankruptcy stay include contempt charges and liability for damages, as outlined by the United States Bankruptcy Court for the Western District of Texas.
Free to Fly Your Kite
In fact, as soon as you enlist the services of an experienced bankruptcy attorney, you can tell your creditors not to contact you, but call your lawyer. You have a legal advocate on your side, running interference for you.
Once your financial troubles are in the hands of your helpful, compassionate bankruptcy attorney, you are free to live your life, answer your telephone, or fly your kite to your heart's content.
Filing for bankruptcy goes a long way toward giving you the breathing space you need to get your life back on track and get your kite in the air and soar onto a fresh start.
Start your road to financial recovery by contacting Théda Page, the Collin County and Denton County bankruptcy attorney who is always on your side. Théda brings 20+ years of experience to fight for you, working to relieve your mental anguish and keep creditors at a respectful distance. Call (214) 618-2101 today for your confidential consultation at The Page Law Firm.
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