Areas Of Practice
If you are struggling with debt, you need to explore your options with a skilled bankruptcy lawyer. Bankruptcy may be the best option for clearing away your debt and making a fresh financial start. I help people with all aspects of bankruptcy, including:
Is Chapter 7 Bankruptcy your best debt relief option?
Chapter 7 allows people to discharge certain unsecured debt, while holding onto some of their more desirable possessions. Filing for Chapter 7 can be a good option if you are struggling with debts related to:
Find out if you qualify?
There is a means test for Chapter 7 bankruptcy based upon your income and expenses. Most people who do not qualify for filing for Chapter 7 bankruptcy are eligible to file for Chapter 13 bankruptcy. To speak with me about your options, please call 570-801-1336.
Is Chapter 13 Bankruptcy your best debt relief option?
For many people who do not qualify for Chapter 7, Chapter 13 is the best option for dealing with overwhelming debt. Chapter 13 bankruptcy provides consumers with an opportunity to restructure their debts and begin to regain their financial freedom.
While many consumers use Chapter 13 bankruptcy as a way to avoid home foreclosure, it can be used to help alleviate other issues like:
Unlike Chapter 7 bankruptcy, which focuses on debt discharge, Chapter 13 bankruptcy consists of a three-to-five year repayment plan that allows you to pay back a percentage of your debts. After the repayment plan is completed, a portion of your remaining debts will be discharged, giving you the fresh financial start you need.
One of the most powerful features of a Chapter 13 bankruptcy is the ability to stop a sheriff sale and/or foreclosure of a home, or to assist people with getting caught up on their mortgage payments when they fall behind. This works by allowing the homeowner to pay the arrearage (past due payments) over the course of the bankruptcy plan while they are allowed to stay in their home.
Within 30 days of filing for Chapter 13, you will be required to begin making payments. I will work closely with you to negotiate a repayment plan that meets your needs.
In most situations you will not lose your home, car or other personal belongings in bankruptcy, provided that your property is fully exempt. If your property is not fully exempt, you will be able to keep it if you pay its non-exempt value to creditors in a chapter 13. However, if your creditors have a security interest in your home or car you are still required to make payments on that debt if you wish to retain the property.
You should bring your recent paystubs or other proof of income, tax returns for the last two years, bank statements, mortgage statements, vehicle loan statements, credit card statements, utility bills, and any lawsuits filed against you or by you. You should also compile a list of your monthly expenses.
Bankruptcy can stay on your credit report for ten years from the date your case is filed. However, because bankruptcy wipes out your past debts, you are often in a better position to pay you current bills and will likely be able to get new credit after your discharge.