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Should I File Bankruptcy?

We have represented clients from literally all walks of life. Our clients include doctors, lawyers, school teachers, government employees, police officers, firemen, factory workers, salespeople, service industry employees, and even collection agents (ironically, for all the harassment they cause people with debt problems, collection agents often are paid so little that they cannot pay their own debts). Many of our clients are referred to us by other lawyers and clients because they know that the people they send us will be treated with dignity, compassion and professionalism.

We believe strongly in the Bankruptcy System. In our opinion, it simply is not true that bankruptcy hurts the economy. In fact, we believe the opposite to be true. When people are just making minimum payments on their credit cards, they are doing nothing but putting interest payments in the hands of the shareholders who own the credit card companies. Basically, they are making the rich even richer. After filing bankruptcy, people have the money available to purchase items that truly drive economic growth, such as homes, automobiles, clothing, furniture, etc.

In some cases, the need to file bankruptcy is caused directly or indirectly by a life altering event, such as job loss, illness or divorce. In other cases, there may indeed be some element of financial mismanagement, which is in large part caused by the lack of adequate financial education at the high school and college level. In our opinion, the accumulation of credit card debt is very much the fault of the credit card companies that have led the Nation to believe that people are financially solvent if they are able to make minimum payments on credit cards. The reality is that a person who can only afford minimum payments is probably no more than just a few paychecks away from bankruptcy.

The statistics we have studied show that for every person who files bankruptcy, there are probably seven others who have significant financial problems. If this figure is accurate, it means that at any given point, there are as many as 10,000,000 people in the United States who are in financial trouble.

Once debt is created, it either has to be paid or eliminated. It cannot simply be ignored. You cannot allow feelings of pride, ideology or morality to stop you from making practical decisions in your life. It is completely normal for you to have regret, sadness and embarrassment about decisions (financial or otherwise) you have made in the past. However, it is much more important that you learn from your mistakes than that you torment yourself for them. You are legally and morally entitled to be relieved of your debt when you cannot pay it. That is why the bankruptcy laws exist. Use the laws to help you move forward in your life.

What kind of Bankruptcy protection is available to individuals?

There are generally four primary types of bankruptcy filings, but you may not be qualified to file each type. Generally, Chapter 7 Bankruptcies are liquidations; Chapter 13 Bankruptcies are filed to help you reorganize your debts, and make payments to a trustee who will then pay your creditors. (Chapter 11 and 12 Bankruptcies are not generally for individuals, but for businesses). We can help you decide what type of bankruptcy filing is best for you.

Will I qualify for Bankruptcy protection?

You may qualify to file either a Chapter 7 or 13 Bankruptcy. Each type of bankruptcy has unique advantages and disadvantages. In particular, Chapter 13 requires you to have a source of income; Chapter 7 does not have such a requirement. We can help you choose which chapter serves your needs the best.

If I file Bankruptcy, can I keep my house or my car?

The law is very complicated and your circumstances require careful examination. Whether you will be able to keep your property is a question that can only be answered by experienced counsel reviewing the facts of your particular situation, including the amount of equity (ownership interest) in your property, your payment record, and other important factors.

Can a Bankruptcy filing stop creditors from suing me or calling on the telephone? MO< Once a bankruptcy is filed, creditors are generally stopped from pursuing collection activities, including telephone calls and filing or continuing law suits to collect their debt. Garnishments and foreclosures can be stopped.

Can I file Bankruptcy with my spouse?

There may be advantages or disadvantages to a joint filing with your husband or wife. We'll help you decide based on the type of debts and the assets you need to protect.

Can I file for Bankruptcy protection if I own a business?

Yes, but it depends on how the business is owned, the value of your business, and other factors including what you intend to do with the business. The business itself may require bankruptcy protection; if you are a sole proprietor, or have guaranteed your business' debts, you may require bankruptcy protection for yourself, as well.

How do different types of debt affect a Bankruptcy filing?

Different kinds of debt may affect a Bankruptcy filing in different ways. We analyze your debts, and use this information to decide what type of bankruptcy filing is best for you. These debts may be classified as individual or joint, and can be dischargeable or nondischargeable (which means that they can be resolved by the Bankruptcy filing, or remain after the Bankruptcy is over). This determination is very important. You should consult with an Lawyer to determine the classification and dischargeability of your debts.

Will I still owe taxes after filing Bankruptcy?

This is one of the least known advantages of filing for bankruptcy protection. Many people do not know that the bankruptcy laws do provide certain protection against federal and state tax obligations. It is possible to discharge some tax obligations, depending on a number of factors, including the type of tax owed, the age of tax obligation, and whether you filed a tax return. If this is one of your concerns, you need to see an experienced Lawyer to determine whether your tax obligations can be discharged in bankruptcy.

How can I get more information?

If you think that you need help because your debts are more than you can handle, give our office a call or e-mail us. We will be glad to speak with you about your individual situation, and schedule an appointment to assist you.