Bankruptcy Attorney
STOP HARASSING PHONE CALLS AT HOME & WORK!
Over the last 33 years, I have met with thousands of individuals and successfully helped them through one of the most stressful times in their lives. Rest assured, I can review your information and know which option will work best for you.
Sometimes this is the only option to get your finances back in order. Know your legal rights from a leader in the field. We understand the new laws for chapters 7 and 13 bankruptcies. The opportunity for a new financial beginning is for you. Call to schedule your free consultation.
“Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.”
LET OUR EXPERIENCE GUIDE YOU
Call to schedule your Free Bankruptcy Consultation!
How Do I Qualify For Bankruptcy?
Congress passed a new law that is referred to as the Bankruptcy Abuse Prevention and Consumer Protection Act. It makes it harder to file for bankruptcy. Today in order to file for bankruptcy you need to take a means test that will determine your assets and income verses your ability to pay your debts. Thus, in order to be able to file for bankruptcy you must meet all of the conditions that include passing the means test as well as getting credit counseling. We would advise you to seek the counsel of a bankruptcy attorney who has handled hundreds of cases to determine if you qualify for bankruptcy.
Passing The Means Test
The means test will determine all of your income. This test will be able to help you determine if you qualify for Chapter 7 or 13 Bankruptcy. The test will determine the average of all of your income over the past six months. You will then be able to determine if you can file for Chapter 7 Bankruptcy. If your income is too great to file for Chapter 7 then you can often times after discussing with your lawyer be able to file for Chapter 13 Bankruptcy. It is important that you discuss all of your options with your bankruptcy attorney. They will be able to better help you understand what you qualify for and then advise you if you should file for Chapter 7 or 13 bankruptcy.
Credit Counseling Is Mandatory
Once your bankruptcy lawyer and you have discussed all of your options and you have decided to file for bankruptcy it is mandatory that you get credit counseling within 180 days. Often times your lawyer will help you find a credit counselor or they have a credit counselor that they refer to all of their clients. Either way it is mandatory that you get credit counseling after filing for bankruptcy.
How Much Does a Northern Kentucky Bankruptcy Cost?
Filing for Bankruptcy is generally very affordable considering your alternatives. The ballpark estimate is around $1500. This can vary some from attorney to attorney. You should definitely call your northern Kentucky Bankruptcy attorney and ask how much they charge for a bankruptcy. There is a generally a $500 fee that is required by the Courts. Most attorneys will just include this in as part of their fee.
What Does It Include?
The attorney’s fee for bankruptcy will include everything that is involved in the process. This includes things such as communicating with you through email, phone and text. It will also include all of the time they have to spend filing the paperwork for your bankruptcy.
Payment Plan
the full amount for the bankruptcy. At W. Ron Adams Law and Associates, we can start the process for as little as fifty dollars for the retainer fee. However, full payment must be paid before your case is filed. It is important that you work out the details of your payment plan with your attorney so they can start filing your case as soon as possible.
Types of Bankruptcy – 7 & 13
Chapter 7
If you qualify and you are eligible. A Chapter 7 will eliminate most unsecure debt, and you will have (3) three options as it relates to secured debt. You can reaffirm, surrender, or redeem.
Reaffirming – means you basically recommit to the same debt and terms that you had prior to filing. (examples, your house, your vehicles, & some small personal loans)
Surrendering – means you can give back properties, (examples, your house, your vehicles, & some small personal loans) and you do not have to pay anything else on the properties (collateral) you are surrendering.
Redeeming – means you can buy the collateral item for what it is worth.
Chapter 13
If you are required to file a chapter 13 you will pay back a repayment that is your “best effort.” This allows your creditors to receive some of the monies owed them.
Section 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3) of this Act. The advertisement for sale of any debt to coerce payment of the debt. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity. Section 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
Taking or threatening to take any no judicial action to effect dispossession or disablement of property if — there is no present right to possession of the property claimed as collateral through an enforceable security interest; there is no present intention to take possession of the property; or the property is exempt by law from such dispossession or disablement.
Keep house in most cases
I have HELPED HUNDREDS of PEOPLE KEEP their House. The pivotal issues that must be considered; The total amount of monies you’re behind? Do you owe more than it’s worth? In most cases if you are current on the debts that are tied to these types of properties your property will not be affected. If you are behind on your payments, you can keep your property by filing a Chapter 13 which allows you to pay the arrearage (the amount you are behind on these properties) in a payment plan, while maintaining your regular payment.
Keep vehicles in most cases
I have HELPED HUNDREDS of PEOPLE KEEP their Vehicles. The pivotal issues that must be considered; The total amount of monies you’re behind? Do you owe more than it’s worth? In most cases if you are current on the debts that are tied to these types of property your property will not be affected. If you are behind on your payments you can keep your property by filing a Chapter 13 which allows you to pay the arrearage (the amount you are behind on these properties) in a payment plan, while maintaining your regular payment.
Keep personal property in most cases.
99.99% of the time my clients have kept all their personal property. (Example, furniture, appliances).
Now, let’s answer some of your questions and talk about how I can help you!
Q. How can I afford to file for bankruptcy when I can’t afford to pay my bills?
A. We have affordable payment plans. Let us help you get out of this dark hole and obtain a fresh start, debt free.
Q. Can you keep the creditors from calling my home and my work?
A. As soon as we are retained as your attorney, we take over. Protecting you from creditors is one of our jobs.
Q. How can I stop my paycheck from being garnished?
A. As soon as we file your case, the garnishment stops. In some cases, we may be able to get a portion of garnished wages returned back to you.
Q. Can any attorney help me file a bankruptcy?
A. No. Bankruptcy law has become extremely complicated. You need an experienced attorney that is knowledgeable of current bankruptcy law. Our firm is leader in this area of law.
Q. How many bankruptcy consultations have you personally performed?
A. I have personally performed over 18,000 bankruptcy consults over the years.
Q. Can I file for bankruptcy multiple times?
A. Yes, you can file for bankruptcy multiple times but only once every eight years.
- Means Testing: https://www.justice.gov/ust/means-testing
- Official Forms: https://www.uscourts.gov/forms/bankruptcy-forms
- Credit Counseling: https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111
- Financial Management: https://www.justice.gov/ust/list-approved-providers-personal-financial-management-instructional-courses-debtor-education
LET OUR EXPERIENCE GUIDE YOU
Call to schedule your Free Bankruptcy Consultation!