This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Filing for Chapter 7 or Chapter13Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. Chapter13bankruptcy is discussed below. We are here to help.
If you’re at risk of losing your home, Chapter13bankruptcy could be your best option. When you’re going through the process of filing Chapter13, foreclosure cannot occur because you’re granted an automatic stay, meaning that lenders cannot pursue your debts and recover collateral, including your home.
In this blog, we discuss situations in which your employer will be notified about your bankruptcy, and we also cover whether or not you can be legally fired for declaring bankruptcy. Will My Employer Be Notified About My Bankruptcy? If a potential employer runs a background check, they’ll discover your bankruptcy.
If you are thinking of filing for Chapter 7 or Chapter13bankruptcy, or if you have already filed, you may be concerned about how long the bankruptcy will stay on your credit report. The situation is more complicated with Chapter13bankruptcy. We are here to help.
Differences between Chapter 7 and Chapter13Bankruptcies. With Chapter 7 bankruptcy , you may get a car loan upon receipt of your discharge notice, which can take several months. Sawin & Shea, LLC can guide you through the process of buying a car post-bankruptcy.
Con: Chapter 7 bankruptcy stays on your credit report for 10 years. Chapter13bankruptcy: In this type of bankruptcy, you and the bankruptcy trustee make a structured plan to pay off a percentage of your debts over a 3-5 year payment plan under the court’s protection. 30% Amounts owed.
What you will learn from reading this article: Facts about selling your home while going through bankruptcy. Details about Chapter 7 and Chapter13Bankruptcies and your house. During Chapter 7 bankruptcy, the Trustee will not sell your house if the Bankruptcy Homestead Exemption covers all of the equity.).
Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter13 and Chapter 7. You should get legal assistance from a knowledgeable bankruptcy attorney in Denver. The United States Bankruptcy Code governs both chapter 7 and chapter13bankruptcy.
A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.
At Sawin & Shea LLC we use Chapter13bankruptcy in conjunction with a loan modification program to help people with significant delinquencies on mortgages. our attorneys are committed to providing compassionate, non-judgmental representation to all our clients. Contact us today for help.
However, the requirements for Chapter 7 and Chapter13Bankruptcy are different, so we’ll discuss each of them separately. In Chapter 7 Bankruptcy , you file papers with the Bankruptcy Court asking for immediate protection from your creditors and ultimately for an elimination (discharge) of most debts.
Shortly after you file for Chapter 7 or Chapter13bankruptcy, you will receive a notice for your section 341 meeting of creditors. It’s an essential part of the bankruptcy process that usually takes place at the Federal courthouse, but currently is done over the phone or via a Zoom chat due to the pandemic.
Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 Civil court judgments (not counting anything that was based on fraud). per every 1,000 people. Rent that is past due: This doesn’t mean that you can’t be evicted.
For example, if you have been having your wages garnished to pay back a persistent creditor, your employer would be aware that this is no longer necessary since you are in the process of Chapter 7 or Chapter13bankruptcy. In rare cases, your repayment plan in Chapter13bankruptcy may require your wages to be garnished.
In that case, the bankruptcy court will recommend that you declare Chapter13bankruptcy , which consolidates your debts into a three-to-five-year repayment plan.
With current employers: In a Chapter13bankruptcy, your employer may or may not know, In some cases, payments will be automatically deducted from your paycheck as part of your bankruptcy repayment plan. At Sawin & Shea Law Firm , we understand that hiring an attorney to help you file bankruptcy is scary.
Chapter13Bankruptcy is a Federal Bankruptcy Court-sanctioned debt reorganization plan. It works through reorganization, as opposed to liquidation, and you do not have to pass the Chapter 7 means test. Under Chapter13Bankruptcy, you have time and a plan in which to repay your debts.
If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. To speak with a Colorado attorney experienced in debt relief and bankruptcy, call The Law Office of Clark Daniel Dray at (303) 900-8598 or use the tool below to scheduled a free consultation.
It is for these reasons that you need to avoid the following mistakes when declaring bankruptcy in Tennessee. Filing the wrong chapter Personal bankruptcies fall into two categories - Chapter 7 and Chapter13bankruptcies. It is important that you understand how these types of bankruptcies differ.
For ten years after filing for bankruptcy, lenders will be more reluctant to extend credit, and it may even be challenging to get employment. A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge.
Certain debts can be discharged entirely when filing Chapter 7 bankruptcy, but not everyone is eligible for Chapter 7 bankruptcy. Some people have too high of an income or have assets that require making monthly payments through filing Chapter13bankruptcy. .
Enter Sawin & Shea, LLC – a firm with over 50 years of combined experience in bankruptcy services, dedicated to providing compassionate and non-judgmental representation to individuals and families in need. Student loans are also difficult but not impossible to discharge in bankruptcy.
If the homeowner does not do this, the lender will request a default judgment so they can continue with the foreclosure sale. During this time, the lender will most likely ask the court for a summary judgment, which asks that the court grant a judgment in favor of the lender.
In many Chapter 7 proceedings, the discharge is complete after about four months. During the Chapter13bankruptcy process, the discharge will take place after certain balances are paid, typically after three to five years. In Chapter 7, several different types of debts are eligible for discharge.
Chapter13bankruptcy , also known as reorganization bankruptcy, enables you to keep your property. Nonexempt property varies from state to state. Then you’ll pay off your debt over a period of three to five years using a more affordable, court-mandated payment plan. Your payday loan debt would be part of that plan.
Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. Wells Fargo , 276 F.3d 3d 502 (9th Cir.
What if I Have More Property Than You Can Exempt in a Chapter 7? If you have nonexempt property that you do not want to lose through the Chapter 7 liquidation process, then a Chapter13bankruptcy may be in order. We are committed to providing compassionate and non-judgmental representation to all of our clients.
Bankruptcy: Seven or 10 Years Bankruptcies show up in the public records section of credit reports. Chapter 7 bankruptcies may be reported for 10 years from the filing date. Discharged Chapter13bankruptcies are generally removed after seven years from the filing date.
Default Judgments in Debt Collection Cases. The survey data showed that more than 70% of debt collection suits ended in default judgments. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far as trying to collect on the judgment. • Filing bankruptcy.
Here is some good news: This debt will be discharged like your other unsecured debts in Chapter 7 Bankruptcy and can be treated like your other unsecured debts (added to your pro-rata payment schedule, then discharged at the end) in Chapter13Bankruptcy. What’s the catch? Well, you can’t have committed fraud.
Here is some good news: This debt will be discharged like your other unsecured debts in Chapter 7 Bankruptcy and can be treated like your other unsecured debts (added to your pro-rata payment schedule, then discharged at the end) in Chapter13Bankruptcy. What’s the catch? Well, you can’t have committed fraud.
At Sawin & Shea LLC , we understand that hiring an attorney to help you file bankruptcy is scary. We are committed to providing compassionate and non-judgmental representation to all of our clients. This usually occurs 20-40 days after your petition is filed. We are here to help.
Chapter13 is for debtors who don’t meet the requirements to qualify for Chapter 7 relief. If you have regular monthly income, a Chapter13bankruptcy allows you to set up a debt repayment plan. Bankruptcy also allows you to avoid wage garnishment in the future.
Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter13bankruptcy. The district court granted summary judgment, holding that Trott had ceased collection of the debt because Trott itself performed no more activity.
Background The case arose from four separate chapter13bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No.
The law dictates that charging more than $1,000 on any card within 90 days of filing for bankruptcy without the intent to pay the bill for these charges is fraud. Plus, nonpayment of these charges can result in a judgment that garnishes your wages and bank accounts.
Once the lender has obtained a court judgment against you, they can then proceed to use aggressive collection remedies to pay back what you owe. If you continue to miss payments, the lender will typically report your account to credit reporting agencies and hire a debt collector to obtain what you owe.
We organize all of the trending information in your field so you don't have to. Join 19,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content