About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Unsecured vs. Secured Debt: Risks of Backing Credit Card Debt With Assets
Credit card debt is usually unsecured, meaning the creditor does not automatically have a claim to your home. That can change if you voluntarily use real estate as collateral. By granting a creditor a lien or mortgage interest in your property, you may give that creditor additional rights and create the possibility of foreclosure if the secured obligation goes unpaid. When bills pile up, securing debt with your home may seem like a way to get better terms or bring an existing balance under …
Hidden Fees in Debt Consolidation Loans: What Law Requires Lenders To Disclose
Debt consolidation lenders generally have to disclose key information about the cost of a consumer loan when federal Truth in Lending Act (TILA) rules apply, including the annual percentage rate (APR) and finance charge. Those disclosures can reveal costs that aren't obvious from an advertised interest rate alone. A loan that promises to simplify your finances can still come with an origination fee, closing costs, a prepayment penalty, or other charges buried in the paperwork. Some fees may be …
What Does a Bankruptcy Trustee Do in Chapter 7 and Chapter 13?
Once you file for bankruptcy, a trustee becomes involved in your case. A bankruptcy trustee is the person responsible for overseeing key parts of your case, but what that involves depends on the type of bankruptcy you file. In Chapter 7, the trustee reviews your finances and may sell non-exempt property to pay creditors. In Chapter 13, the trustee has a longer-term role that includes reviewing your repayment plan, collecting payments, and distributing money to creditors. For legal help with a …
The Debt Consolidation Trap: Legal Protections Against Scams
Debt consolidation can simplify your payments; debt settlement can sometimes reduce what you owe. Neither option gives a company a free pass to charge whatever it wants or promise results it can't deliver. If a debt relief provider demands money before doing the work, guarantees that it can eliminate your debts, or glosses over the consequences of its program, you may be looking at more than a bad financial deal. If you believe a debt relief company took advantage of you, a credit repair lawyer …
Which Debts Can and Cannot Be Discharged in Bankruptcy?
Filing for bankruptcy can give you relief from substantial debt, but it doesn't give every creditor a reason to stop collecting. Many ordinary unsecured debts, including credit card balances and medical bills, can generally be discharged. Other obligations, including child support, alimony, most student loans, and certain tax debts, generally remain after bankruptcy. If you're unsure whether your debts can be discharged, a bankruptcy lawyer can help you sort through the rules and determine what …
What Is the Automatic Stay in Bankruptcy and How Does It Protect You?
An automatic stay is a legal mechanism of bankruptcy law that generally prohibits creditors or other entities from taking collection actions against a debtor who has filed for bankruptcy. The automatic stay can give you immediate breathing room when you're facing collection calls, wage garnishment, foreclosure, eviction, repossession, or a lawsuit. In most cases, the protection begins as soon as you file for bankruptcy, but exceptions, termination rules, and requests for relief from the stay …
Questions Employers Can't Legally Ask You in a Job Interview
Employers can ask plenty of questions during a job interview, but they cannot ask anything they want. Employment laws restrict questions that may reveal protected information, including your age, religion, disability status, pregnancy, family responsibilities, race, national origin, and other personal details unrelated to your ability to do the job. Many candidates hesitate when faced with an inappropriate interview question because they do not want to jeopardize a job opportunity. However, …
When Do You Need a Notary Public? A Legal Guide
Whether you need a notary public depends on the document you’re signing and the laws that apply. Some legal documents must be notarized to satisfy execution or recording requirements, while others may benefit from notarization even when the law doesn’t require it. Before you put your signature on a document that carries serious legal or financial consequences, contact a civil litigation attorney through the Super Lawyers directory. What Does a Notary Public Actually Do? A notary public …
Are Investors Liable for Business Debts, Lawsuits, or Legal Issues?
An investor generally isn't personally responsible for a company's debts, business lawsuits, or other legal obligations simply because they put money into the business. The protection usually comes from the business entity itself. If you're investing through an LLC or corporation, for example, your financial loss may be limited to the money you've invested. However, personal liability can become a concern if you personally guarantee a debt, commit fraud, misuse company funds, or take actions …
Are You Liable for Your Business Partner’s Wrongdoing or Fraud?
Business partners don’t always share the same level of legal liability. Your responsibility for another partner’s fraud, tort, contract breach, or other civil wrongdoing depends on several factors, including whether you operate as a general partnership, limited partnership, LLC, LLP, or corporation. The partner’s role, the authority they exercised, and whether you had any involvement in the conduct can also make a significant difference. You didn’t commit the fraud. You didn’t sign …
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