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What is a Consumer Protection Attorney?

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In a Nutshell

A consumer protection attorney may help you protect your rights under one or many consumer protection laws. If you need to file a Chapter 7 bankruptcy case, we can help you file your case if you cannot afford to hire an attorney to help you file for bankruptcy relief.

Written by Attorney Jonathan Petts.  
Updated July 22, 2020


Even though you owe money to a creditor, that creditor cannot take whatever action it wants to collect the debt. Consumer law is the statutes and regulations that protect debtors from and dishonest tactics. A consumer protection attorney helps consumers protect their rights under those laws.

There are many different consumer protection laws including:

  • The Fair Debt Reporting Act

  • The Fair Credit Billing Act

  • The Truth in Lending Act

  • The Credit Card Accountability Act

  • The Equal Credit Opportunity Act

  • The Fair Housing Act

  • The Food, Drug, and Cosmetic Act

  • The Consumer Product Safety Act

  • The Magnuson-Moss Warranty Act

  • The Fair Debt Collection Practices Act

Several and agencies regulate and oversee consumer protection laws. A consumer protection attorney can explain your legal rights if you believe you have been taken advantage of by a creditor.

Consumer Protection Attorney and Bankruptcy Filings

In some cases, a consumer protection attorney may assist clients in filing for bankruptcy protection. While you can file complaints about violations of consumer protection laws, it could take months or years to settle your claim, and there is no guarantee you will win.

If a creditor is harassing you, you can by contacting a consumer protection attorney to file a or bankruptcy case.

When you file for debt relief under Chapter 7, the is in effect immediately of your bankruptcy petition. The automatic stay prohibits a creditor from taking any further actions to collect a debt.

Actions that the include:

  • Calling a debtor to collect a debt

  • Sending letters or other correspondence demanding payment

  • Repossessions

  • Foreclosures

  • Debt collection lawsuits

  • Coming to your home or place of business

  • Calling you at work

By filing a bankruptcy petition, you receive the full protection of the bankruptcy court. Creditors cannot take actions to collect a debt . A consumer protection attorney can explain in further detail how a Chapter 7 or Chapter 13 bankruptcy filing can protect from creditor harassment and illegal actions by creditors.

The decision to hire a consumer protection attorney or to bankruptcy relief can be difficult. A consumer protection attorney can provide experienced legal advice about your rights. However, if you do not have the money to hire a consumer protection attorney, you might want to consider filing a Chapter 7 bankruptcy case without an attorney.

Filing a Chapter 7 bankruptcy case may not punish creditors for violating your rights, but it can stop creditor harassment and other collection efforts. By stopping collection efforts, you can reduce the stress caused by debt problems and begin your journey on the road to financial freedom.

If you need a fresh start, click to start Upsolve's free bankruptcy process. You can learn more about filing a Chapter 7 to get rid of debt without hiring a consumer protection attorney.

Do You Know How to Find a Consumer Protection Attorney for Bankruptcy?

A consumer protection attorney may or may not assist clients in filing a bankruptcy case. A consumer protection attorney may only work with clients to file complaints and claims for violations of consumer rights.

Even if you find a consumer protection attorney that handles bankruptcy cases, you may not have enough money to hire the attorney. An experienced consumer protection attorney usually offers a free consultation.

If you can take advantage of a free consultation with a consumer protection attorney to learn about your rights, you might want to do so. You can learn about the services offered by the consumer protection attorney and the fees charged by the consumer protection attorney. If you can the consumer protection attorney, that might be your best option.

You might find a consumer protection attorney that offers a no-recovery, no fee option. You must remember that filing a complaint about creditor harassment may not eliminate the debt.

However, if you cannot afford to pay the consumer protection attorney, we encourage you to check out our free bankruptcy services. We are not a consumer protection attorney, but we are a nonprofit organization that offers no-cost bankruptcy assistance to low-income individuals who cannot afford to hire a consumer protection attorney to help them.

If this sounds like the solution for you, check out and videos of past users who explain how filing a Chapter 7 bankruptcy case helped them get out of debt.

Filing for Bankruptcy Relief Without a Consumer Protection Attorney

Upsolve is dedicated to helping people who to seek bankruptcy relief under Chapter 7.

Filing a Chapter 7 bankruptcy case can get rid of unsecured debt. A consumer protection attorney may be able to help you stop creditor harassment, but that does not eliminate the debt.

A Chapter 7 case eliminates unsecured debt like medical bills, credit card debts, personal loans, and old utility bills. Debts that are discharged in Chapter 7 cannot be collected. Creditors cannot take any legal actions to collect a .

How do I File a Chapter 7 Bankruptcy Case?

The first step in filing a Chapter 7 bankruptcy case is to determine if you meet the income qualifications for a Chapter 7 case. Your income must be for households in your state. If your income is above the median income, your disposable income must be below a certain amount. Once you pass the , you need to complete a and complete your bankruptcy forms. The and the Credit Counseling Course are filed together in the to open a Chapter 7 case.

After your case is filed, you can complete the . This second bankruptcy course is required to obtain a bankruptcy discharge. The bankruptcy discharge relieves your legal liability for discharged debts. Therefore, it is very important that you complete the second bankruptcy course and file proof of completion with the bankruptcy court.

The bankruptcy court notifies your creditors and other parties in interest of your bankruptcy hearing. You must attend the conducted by the appointed in your case. This hearing should be the only hearing you need to attend if your bankruptcy case is a typical no-asset Chapter 7 case.

Most Chapter 7 cases can be completed in four to six months after filing the bankruptcy forms. In a , you keep all your property while getting rid of your debts. Most debtors are able to protect their property by using bankruptcy exemptions.

We Want to Help!

Upsolve provides free bankruptcy services if you meet our income requirements. We walk you through the process of filing for Chapter 7 bankruptcy relief . You can file for bankruptcy relief, even if you cannot afford to hire a consumer protection attorney for help.

Learn more about our no-cost services and case can give you the fresh start you need to recover and rebuild after a financial crisis. You do not need to worry about debt another day. You can take the steps necessary to get rid of debt while and your income for the future.



Written By:

Attorney Jonathan Petts

LinkedIn

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in... read more about Attorney Jonathan Petts

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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