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Do you have debt collectors calling you at all hours of night? Are your wages garnished? Do you have multiple credit cards maxed out? Do you have trouble sleeping at night thinking about your debt? If you answered ‘yes’ to any of these questions then bankruptcy might be the right solution for you.

Chapter 7 bankruptcy is generally referred to as the “liquidation” chapter. A debtor filing under this Chapter may be able to get a fresh start by wiping out their personal liability for most unsecured debts such as credit card balances, medical bills and personal loans. A Chapter 7 discharge also means a debtor will no longer be personally liable for payments on their secured loans such as a mortgage or a car loan and they cannot lose the collateral as long as the payments remain current. Chapter 13 is also known as the “reorganization” chapter, where a debtor who has fallen behind on secured debt payments (house, car, boat) can keep the collateral as long as they make current monthly payments while in the bankruptcy case and make payments according to a “Plan” to pay back the arrearages over time, usually 5 years. Both Chapter 7 and Chapter 13 give a debtor some breathing room from the advances of bill-collectors and creditors in the form of the “Automatic Stay”.

Personal liability for court ordered domestic support obligations (such as child or spousal support), delinquent taxes and student loan obligations are not typically discharged through bankruptcy. For a more comprehensive evaluation of your financial situation contact us at 1-888-297-6203.

Although discussing an estate plan is something most people do not want to think about and may not consider as relevant when they are young, in this day and age establishing the proper protections are necessary in nearly all situations. Planning for the future early can save you and your loved ones valuable time and money. We recommend our clients to setup a will as a starting point, even if you are in your early 20’s. A will is the basic starting point and something EVERYONE should have in place. In a will for example, you may direct the distribution of your assets (your money and property) and choose the proper guardians to look after your children. It will ensure your wishes are carried out, and your family’s best interests are protected beyond your lifetime.

In a Chapter 7 bankruptcy, a debtor can hold off a foreclosure action or repossession action for some breathing room. Even if the debtor is in arrears on the home or car payments, a Chapter 7 discharge relieves the debtor of any personal liability to repay the debt. That means, if the home is foreclosed upon or the car repossessed, a creditor cannot demand the discharged debtor pay any additional payments, fees or costs. If a creditor does that, then they violate the law and the debtor is entitled to damages. Also, if the mortgage or auto loan account is current, a creditor cannot start or continue a foreclosure action or repossession action. Further, in a Chapter 7 case, each state has exemption amounts which a debtor can claim and are used to protect specific types of property from sale by the Chapter 7 trustee. However, different states have different exemptions and rules, so it is best to speak to a licensed bankruptcy attorney about your situation so you know what can be protected. Finally, in a Chapter 13 bankruptcy, you devise a repayment plan to pay back any arrearages over usually a five year period thereby allowing you to keep your house and cars as long as you make the required payments on them.

Student loan debt is one of the few exceptions to vast coverage of the general bankruptcy discharge. Technically student loans can be discharged when the repayment of the debt is causing an extraordinary financial hardship to the debtor. This is not something easy to show and the Courts are reluctant to discharge student debt obligations. To discharge a student loan, a debtor must file an adversary complaint (a separate lawsuit within the bankruptcy case) against the holder of the loan and go through a lengthy and usually expensive, trial procedure to have a chance at a discharge. The success rate for this type of lawsuit is very low.

Yes, we offer payment plans for as little as $100.00 per month, with no interest.

Everyone who files a Chapter 7 bankruptcy case must attend a Meeting of Creditors. This is actually not “court” and typically takes place in a trustee’s meeting room. There is no judge or jury and the setting is more like that of a town hall atmosphere. Your specific meeting location is based on the zip code where you live at the time of filing and is generally located within close proximity to the Federal Bankruptcy Courthouse for your area. In other instances, you may be required to attend a proceeding in the actual bankruptcy court if the judge or the trustee would so dictate. With Recovery Law Group and Wajda & Associates, you will always have professional attorney representation at a Creditors Meeting or Court proceeding this meeting and we will walk you through the process step by step leading up to the date.

The real difference between these two documents is how they affect the requirement of having to pass the estate through probate, which can be a long and expensive court process. While a Will directs where assets shall be delivered upon the creators death, it does so through the oversight of the Probate Court. For those seeking to avoid the exorbitant fees and time involved with working through probate, a Trust is the document of choice. A Trust is a contract meant to direct the distribution or handling of specific assets after the creator’s death without the need for any court oversight. Therefore, having a proper trust in place can save your loved ones tens of thousands of dollars, hours and hours of time and huge amounts of aggravation down the line.

If you own any real property (home or land) or your total assets exceed $100,000, we highly recommend you get a proper Trust in place immediately. A Trust is vital to avoid probate and spare your heirs the headache and expense of the Probate court and Probate attorneys down the line. In addition, a properly drafted Trust provides additional privacy, not found in a will, for the assets you own or pass on and gives you more control over how your assets are handled after your passing. For larger estates, Trusts can also be used for tax planning purposes and even to protect important assets from future creditors.