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Upright Law Sanctioned, a national bankruptcy firm, operating in both Oregon and Washington,  was recently sanctioned and enjoined by the U.S. Bankruptcy Court for for causing “unconscionable” harm to its clients. The court found that the law firm and its attorneys engaged in the unauthorized practice of law and provided inadequate representation to consumer debtor clients.
After making its findings of fact, the U.S. Bankruptcy Court entered orders in two actions brought by the U.S. Trustee. The court sanctioned Upright Law in the amount of $250,000; and imposed an additional penalty of $50,000 against the firm’s managing partner. Moreover, the Court ordered UpRight to disgorge all fees collected from the consumer debtors in both bankruptcy cases. The went on to revoke UpRight’s bankruptcy filing privileges in the Western District of Virginia for not less than five years.
UpRight operates a website offering legal services to consumers in financial distress, including debtors in both Oregon and Washington. Prospective consumers contact UpRight through the website and are quickly routed to UpRight’s sales agents. The Court found that the non-attorney “client consultants” were trained to close prospective clients by using high-pressure sales tactics and improperly provided legal advice to encourage them to file for bankruptcy relief. 
The bankruptcy court found that UpRight had “serious oversight issues” in failing to adequately supervise its salespeople to prevent their unauthorized practice of law, and that UpRight demonstrated a “focus on cash flow over professional responsibility.”
More recently, the Bankruptcy Court for the Western District of Washington in Seattle found that Upright had filed bankruptcies without original signatures from the debtors and properly disclose fees received from those debtors. Because the firm had already disgorged all its legal fees to the debtors prior to the close of the hearing, the Bankruptcy Court did not impose any further penalties.
Schedule a Free Consultation with Your Oregon and Washington Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. At Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in both Washington and Oregon.  We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at our Tacoma location (253) 780-8008  or our Seattle location (206) 486-1280 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, Tom McAvity will be more than happy to offer advice on your particular situation.
The post National Bankruptcy Firm, Upright Law Sanctioned, Punished for Hurting Consumers appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.

If you have a collection account that you want to take care of, but can’t afford to pay it in full, you may be able to negotiate a cheaper payment with the debtor. Even if you can’t get the collector to agree to accept a lower payout, you may be able to draw up an agreement to pay the debt in installments. Knowing how to negotiate with debt collectors will help you to process a payment solution that works in your favor.
1. Understanding how debt collectors work
Debt collections can also happen to more financially responsible consumers. A bill may slip your mind, you may have a dispute with the creditor of what you really owe or the billing statements may get lost in the mail before you know that the debt exists.
No matter how much you would ignore the collection, taking care of the collection accounts is usually better for you in the long run. Once you pay, it will interrupt your collection calls and letters for good, improve your credit history and eliminate the risk of being sued for debt.
As with any negotiation, knowing how much you can on the other party puts you in a better position to get what you want from the deal. The goal of the debt collector is to get as much money as possible from the debt collection and they do it in two ways. Debt collectors can add tax on the debt as permitted by state law.
Or, buyers of junk debt earn profits on the debts they have bought for only penny on the dollar. Collectors only make money when consumers pay the debt. They cannot seize property or take money from consumer bank accounts unless they sue and get a court ruling and permission to garnish consumer wages.
2. Know Your Rights
Before you talk to a debt collector, familiarize yourself with your rights. Otherwise, debt collectors who are smarter and savvy than you can easily take advantage of you.
Here are some things to know:

• Debt collectors can only call between 8:00 and 9pm.
  They can’t let you harass or use profane language when you talk to yourself.
• They cannot threaten to take illegal actions or that they do not intend to pursue with.
• Debt collectors can contact their employer, family members and friends to contact information about you.

Debt collectors may attempt to collect from you by calling, sending letters and listing a debt on your credit report until the debt falls within the time limit of credit reporting. You can stop calls and letters asking the collector to stop contacting you. However, it is generally not possible to remove a collection from your credit report, unless it is inaccurate or beyond the reporting time limit.
3. Make sure it is the debt
Don’t take it for granted that a collector you contact is pursuing a legitimate debt. Debt collectors have been known to pursue false debts or even attempt to collect on debts already paid.
Approves all debt collections with a healthy dose of skepticism.
You have the right to ask the debtor to prove that the debt is yours and that they are allowed to collect. This process is known as debt validation. You have 30 days from initial contact with the debtor to request, in writing, that the debtor will send you the proof of the debt. Once the collector receives your request for debt validation, it cannot continue to collect from you until they have sent the required proof.
Once the collector sends the proof and you are satisfied with the debt is legitimate, you can proceed with the rest of the negotiations. If not, send the collector a letter of termination and ending by asking to stop contacting you and contest the debt with the credit bureaus.
4. Get Some Leverage
There are some things that can work in your favor when you are negotiating with a debt collector.
First, if the collector has a lesser chance of winning a lawsuit against you, they may
The statute of limitation affects is the time when a debt is legally enforceable. Once the statute has passed, the debt collector will have a harder time getting a court to force you to pay the debt if you use the expired term as a defense in court. Just be sure not to accidentally restart the statute of limitation by admitting to the debt or making a partial payment. The statute of limitation varies depending on the state and type of debt and starts with your last activity on the account.
Another time period that can work on your behalf is the time limit of credit reporting. This period of time affects whether a debt can be listed on your credit report. If a debt has declined in your credit report, or is expected to fail soon, there is less incentive to pay it – it has no effect on your credit. However, you may feel motivated to pay the debt due to a moral obligation, to prevent debt collectors from contacting you on debt for good or to eliminate the risk of being sued. Using a credit expiration time limit as a betting tool can encourage the debt collector to work with your budget.
In General, the more debt the debt is, the more likely you can convince the debtor to accept less than the full payment. Search for and verify both the statute of limitations and the time limit of credit reporting before you start negotiating with the debt collector.
5. Figure of what you can pay
Paying your debt collection is important, especially if it prevents you from improving your credit or getting approval for other credit cards and loans. Before you offer a payment to the debt collector, consider the other financial obligations. Take a look at your budget-your earnings and expenses-to understand what you can pay towards the debt. Consider whether you can pay all in one lump sum or break it in a few payments. Keep in mind that debt collectors want to collect as quickly as possible, so the spread of payments for more than a couple of months will not be an option.
You could, for example, offer to pay a lump sum of $3 000 for a debt of $5 000. You will ask that the debtor receives his payment as full debt satisfaction, which means that the collector cancels the remaining $2 000. Or, you could offer four monthly payments of $250, to fully pay the debt. Make sure you can pay what you’ve offered. Once the debtor accepts, you can only have a small window to make the payment.
6. Knowing how your payment will interest you
Know what your offer means to you. Your payment will be reported to credit agencies if the debt still remains within the time limit of credit submission – which is seven years for most debts. Paying in full seems generally better than solving your debt, but a payment seems better than not paying.
Any payment on the debt will reopen the statute of debt limitation. It is important that you have an agreement on what will satisfy the debt and eliminate the risk of being sued in the future.
Debt settlement can have tax implications. If more than $600 of your debt is canceled, the collector must report the canceled amount to the IRS. You will be sent a 1099-C form to include the canceled debt as income on your next tax return.
7. Be prepared for a counterweight
Start trading by offering a somewhat inferior payment to what you really want to pay. The debt collector will likely contract with an amount higher than your bid or even insist on paying the full amount. The goal is finally to get the debt collector to accept an amount equal to or less than what you have decided you can pay.
8. Stand Your Ground
Debt collectors use all the information they can get about you to collect the debt on your part-so pay attention to what you divulge in your conversations. Stay in control of your emotions, no matter what and just talk about your offer. Avoid discussing your income or other financial obligations unless you are sure that giving this information will benefit the negotiations.
Keep in mind that debt collectors have access to your credit report and can use the information in it-like new loans or punctual payments on your other accounts-to push you to pay more than what you have offered. Stay in control of the conversation and stand firm in what you are willing and able to pay. Do not let a collector have a habit of letting other financial obligations slip.
You may have to go with several debt collectors before you come to an agreement. Don’t be surprised if you’ll end up talking to several people at the collection agency. Keep the notes of all your communications with debt collectors, noticing who you talked to and details about the conversation.
9. Get the Writing agreement
Once you and the debt collector have arrived at a payment amount that works for both, get the agreement in writing. This is especially necessary if you have processed an amount or a payment amount. Do not make a payment until a written agreement of the debtor is provided for.
Keep a copy of the agreement and proof of payments you make just in case there is ever a question if you have satisfied the debt.
For some, it’s easier to write a check for the entire amount and do it with the debt completely. But, if you’re looking to save money on debt or just can’t afford to pay it in full, negotiating a smaller payment is worth it. You can do it yourself, even if you have to write a letter to start negotiations. It is less expensive to hire a debt reduction firm to negotiate on its behalf.

Arizona has had enough of people passing off their pets as “service animals”.
Later this summer it will be illegal to pass off a pet as a “service animal”; violators will be fined $250 PER OCCURRENCE.  House Bill 2588

The new Arizona law “A PERSON MAY NOT FRAUDULENTLY MISREPRESENT AN ANIMAL AS A SERVICE ANIMAL OR SERVICE ANIMAL IN TRAINING TO A PERSON OR ENTITY THAT OPERATES A PUBLIC PLACE. A COURT OR DULY APPOINTED HEARING OFFICER MAY IMPOSE ON THE PERSON MISREPRESENTING THE ANIMAL IN VIOLATION OF THIS SUBSECTION A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION.”

Business owners already have the right to ask someone to leave if his or her pet is causing a disruption and are permitted to ask for the purpose of the animal under the Americans with Disabilities Act.
A local Prescott McDonald’s implemented a sign asking pet owners not to lie about whether their pet is a service animal or not. (Photo: Kyle Peterson)
In my opinion this situation has become an epidemic.  You cannot go into a store, movie house or restaurant without seeing someone carting around a little dog with a “service dog” vest.  Really – who are they kidding??
Do you really want to use a grocery cart that previously held a pet which could now be laced with fleas, feces or urine.  Do you really want that junk on the food in your grocery cart?  How about those who are allergic to animals?  They have no idea that the grocery cart handles are ripe with pet leftovers and don’t understand why they are going into a sneezing fit or, worse anaphylactic shock from a serious allergy to pet dander?
Don’t get me wrong – I have no problem with real service dogs.  They are responsible for helping our most vulnerable.  My family and friends will tell you that I LOVE animals.  Animals have been part of my life for as long as I can remember.  But, I don’t want animals in the grocery store, certainly not in my grocery cart, nor in a restaurant where I am eating and not in a movie.  Please leave your pets at home where they are comfortable and safe.

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About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. As a teacher and retired law professor, Diane believes in offering everyone, not just her clients, advice about the Arizona bankruptcy and foreclosure laws. She is also a mentor to hundreds of Arizona attorneys.
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*Important Note from Diane: Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article.  Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*

The post $250 fine If You Pass Your Pet Off as a “Service Animal” appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.

Termination by cause is a serious problem. Employers and employees have many reasons to separate ways, but the cessation of employment by cause is not a desirable result – for the employer or for the employee. The resolution for cause usually occurs when an employee makes a serious error in actions or judgement.
Termination for Cause
When the employment of an employee is interrupted by cause, the job is interrupted for a reason that is given to the employee and indicated in the letter of resolution.
The resolution by cause may occur for all actions that an employer considers serious of misconduct. Examples of such situations include these.

• Violation of the code of business conduct or ethical policy,
• Failure to comply with company policy,
• Breach of contract
• Violence or violence threatened,
• Threats or threatening behavior,
• Money or property,
• The Lie,
• The falsification of records,
• Extreme insubordination,
• The harassment,
• The lack of an alcohol or drug test,
• The conviction for some crimes, or, online pornography.

These are not the only reasons why an employer could fire an employee for cause. Every time I think I’ve seen it all, an employee proves me wrong. So an exhaustive list is impossible. If you intend to terminate an employee’s use by reason, you can talk to your lawyer about extraordinary circumstances or situations.
The resolution for cause is usually immediate when an employer has collected the necessary documentation and evidence.
The resolution meeting is held with the employee, the employee’s manager or the supervisor and a human resources representative.
If a job relationship is interrupted because of the cause, the employer will probably not have to pay compensation for unemployment. You may want to check with the Department of Labor in your state to understand the rules governing your relationship with your employees.
An employer who is terminating an employee for cause is discouraged from paying off any. This sends a double message that confuses the departing employee, confuses a jury into a subsequent lawsuit and sets a presumed villain for the employer.
Termination of work for cause, turn off an employee for cause note:
Susan Heathfield makes every effort to offer precise management, good sense and human resources ethics, employer and workplace advice on this site, but is not a lawyer. The content of the site should not be construed as legal advice. The site has an audience around the world and the laws and regulations on employment vary from one state to one state and from one country to another, so the articles cannot be final on everyone for your workplace. If in doubt, always ask legal advice. The information on the site is provided only by way of indication.