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On The Law - Thoughts of a Pennsylvania Lawyer 
Friday, January 21 2011
It seems like these last few years have been really tough on a lot of good people. In our law practice we have seen a lot of hardworking folks, friends and family who have been down on their luck. Now, bankruptcy gets a bad rap, but I want to tell you that it is precisely because so many good folks that I know were having trouble that I added bankruptcy to the services that we provide, and what a difference it has made for people.

While no one desires to file bankruptcy, bankruptcy is a good thing. The idea of bankruptcy has existed for thousands of years. In fact, as one historical reference you will find forgiveness of debts every seven years in the Bible. Over these thousands of years, we have tried other systems. Our English cousins established debtors' prisons. Fortunately, we have rejected this idea. It offered no relief to the debtor and did nothing for society. In modern times we have returned to the ancient idea of bankruptcy because it works. Debtors now have a way to discharge debts that they could otherwise never pay. They are given firm footing on life's path and a second chance. In the process, for those debtors who can actually repay some of their debt, they are given a plan under which they can do so. For those who cannot repay anything, the debt is forgiven.

How marvelous is it that good people are given a second chance ... that debt collection and constant oppression cease, and that families who would otherwise be forever relegated to a life of poverty can rise again, re-establish themselves, and succeed.

So to all those whose luck is down and who are fighting to survive, don't let your head hang down. Keep working hard. There is a way out that has served us well for thousands of years. And by the way, you are in good company; Henry Ford, Henry Heinz, Larry King, Johny Unitas and many others have had to file and came back from it to be incredibly successful.

From offices in Coudersport, Potter County, Pennsylvania, the attorneys at Ross and Ross, LLC serve the personal injury, bankruptcy, social security disability, divorce and family law needs of Western, Northwestern, Central and North Central Pennsylvania including the communities of Coudersport, Galeton, Shinglehouse, West Branch, Smethport, Port Allegany, Bradford, Roulette, and Wellsboro, as well as Potter County, McKean County, Tioga County, Cameron County, Bradford County and other areas of Western PA and Central PA.


***Legal Disclaimer: The contents of this site are for informational purposes only and do not constitute legal advice.  No lawyer-client relationship exists until one of attorney attorneys meets with you and agrees to accept you as a client.
Posted by: David Ross, Esq. AT 04:05 pm   |  Permalink   |  2 Comments  |  Email
Friday, January 21 2011


by David B. Ross (Ross & Ross, LLC)


Do I Change Bank Accounts before filing bankruptcy from the perspective of a Bankruptcy and Consumer Attorney

It is amazing the wealth of great questions people ask an attorney when they are considering filing bankruptcy. Here is one the comes up often: “Should I take my money out of the bank before filing bankruptcy.” When we hear this question, there are really two things that a consumer could be asking. The first is, “can I hide my assets by taking them out of the bank?” For the record, it is illegal to hide assets in bankruptcy and could subject you to severe consequences. The second question is a legitimate one – will the bank take or freeze my account if I leave the money in the bank.

The short answer is “maybe.” If you owe money to the bank and also have a savings account, checking account or other assets there, then it is advisable to close the account and put your money in another bank. Why? So the bank doesn’t try to satisfy the debt through your funds. If you move the funds, you can guarantee that you will retain control over them. On the other hand, if you do not owe then there is probably no reason to move the funds.

You can visit our web site and contact us for more information about dealing with creditors and debt relief. As always since federal law requires a disclosure from bankruptcy attorneys here it is “we are a debt relief agency that helps people get relief by filing for bankruptcy under the bankruptcy code.”

From offices in Coudersport, Potter County, Pennsylvania, the attorneys at Ross and Ross, LLC serve the personal injury, bankruptcy, social security disability, divorce and family law needs of Western, Northwestern, Central and North Central Pennsylvania including the communities of Coudersport, Galeton, Shinglehouse, West Branch, Smethport, Port Allegany, Bradford, Roulette, and Wellsboro, as well as Potter County, McKean County, Tioga County, Cameron County, Bradford County and other areas of Western PA and Central PA.


***Legal Disclaimer: The contents of this site are for informational purposes only and do not constitute legal advice.  No lawyer-client relationship exists until one of attorney attorneys meets with you and agrees to accept you as a client.
Posted by: David Ross, Esq. AT 04:00 pm   |  Permalink   |  Email
Friday, January 21 2011

Garnishing Wages – Debt Collection in Pennsylvania

by David B. Ross (Ross & Ross, LLC)


Abusive Debt Collection from the perspective of a Pennsylvania Bankruptcy and Consumer Attorney

Here’s the scenario. You finally get home after a long day at work. You’ve just sat down to eat a quick bite and the phone rings. Right in the middle of dinner. You answer because maybe it’s a friend who needs something or a family member you have been trying to reach. Instead it is an automated call that asks you to hold. So, you hold. You don’t know why you do, you just do.

After a few minutes, someone gets on the line and asks you to identify yourself. You do. You don’t know why you do, you just do. The voice then identifies himself as a debt collector. He starts out nice enough, asking when you are going to pay the debt and offering to help you take care of it right now. You can just give him your checking account number or send him some post-dated checks. He’ll even take a credit card. Eventually he becomes belligerent and threatening. He tells you he is going to garnish your wages. He is going to … well they usually make all kinds of threats.

Unfortunately, the above scenario is all too common, and it is illegal. In Pennsylvania you cannot garnish wages to collect a debt even after obtaining a judgment against you. The harassment and the false information violate the Federal Debt Collection Practices Act. The Act actually provides that you can sue the collector for his illegal acts and recover up to $1,000.00 plus attorney’s fees.

You can visit our web site and contact us for more information about dealing with creditors and debt relief. As always since federal law requires a disclosure from bankruptcy attorneys here it is “we are a debt relief agency that helps people get relief by filing for bankruptcy under the bankruptcy code.”

From offices in Coudersport, Potter County, Pennsylvania, the attorneys at Ross and Ross, LLC serve the personal injury, bankruptcy, social security disability, divorce and family law needs of Western, Northwestern, Central and North Central Pennsylvania including the communities of Coudersport, Galeton, Shinglehouse, West Branch, Smethport, Port Allegany, Bradford, Roulette, and Wellsboro, as well as Potter County, McKean County, Tioga County, Cameron County, Bradford County and other areas of Western PA and Central PA.


***Legal Disclaimer: The contents of this site are for informational purposes only and do not constitute legal advice.  No lawyer-client relationship exists until one of attorney attorneys meets with you and agrees to accept you as a client.

Posted by: David Ross, Esq. AT 03:52 pm   |  Permalink   |  Email
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