Bankruptcy

If you are reading this you likely have been worried about your financial situation for some time and are probably considering bankruptcy.
 
Though we have not met, here is what I know. You've worked hard, paid your bills and built up your credit rating and then something happened.
 
You or your spouse lost a job or got divorced, maybe a family member got cancer or you had an accident and could not work. Now you find yourself in a real mess and bankruptcy looks like your best option. Don't feel embarrassed, you are not the first to file bankruptcy and you are not alone. Because bad things happen to good people, Congress passed the bankruptcy laws. These laws can forgive some or all your personal debt to help you start over.
 
Attorney Kelley and his professional staff take the time to understand your particular situation. We know how to prevent you from losing your house or car and how to stop harassing collection calls. We are totally dedicated to helping people get a fresh financial start and we can help you.
 
After 15 years of helping clients with bankruptcy, here is my best advice; talk with an experienced bankruptcy lawyer as soon as you can. Most people wait too long to get help and file bankruptcy. Do not put it off, call us today. We will be honored to help you.
 
The single biggest mistake people make is to wait too long to get expert help. Whether you call Kelley Law Offices or not, call an experienced bankruptcy lawyer sooner rather than later. Do not wait and risk losing important rights you might have under the law.
 
As a federally designated Debt Relief Agency, we can provide legal assistance to obtain relief under the United States Bankruptcy Code.
 
Here are some frequently asked questions about bankruptcy:
 

(1) What is a Chapter 7 Discharge?
It is a court order releasing a debtor from all of his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is one the debtor is released from and does not have to pay. Some debts, however, are not released by a chapter 7 discharge, and some persons are not eligible for a chapter 7 discharge.
 
(2) How does filling under chapter 7 affect lawsuits and attachments that have already been filed against a debtor?
 
The filing of a chapter 7 case automatically stays or stops most lawsuits and attachments that have been filed against a debtor. A few days after the chapter 7 is filed, the court will mail a notice to all creditors ordering them to refrain from any further action against a debtor. If a debtor cannot wait this long, it is permissible for him or his attorney to notify one or more of the creditors of the filing of the case. Any creditor who intentionally violates this court order may be liable to the debtor for damages.
 
(3) May employers or government agencies discriminate against persons who file under chapter 7?
 
It is illegal for either private or government employers to discriminate against a person as to employment because that person has filed under chapter 7. It is also illegal for local, state, or federal government units to discriminate against a person as to the granting of licenses (including a driver's license), permits and similar grants because that person has filed under chapter 7.
 
(4) Under what conditions should a husband and wife both file under chapter 7?
 
Both husband and wife should file if some debts to be discharged are owed by both spouses. If both spouses are liable for some of the debts and only one files under chapter 7, the creditors often try to coerce the non-filing spouse into paying the debts, even if she has no income or assets.
 
(5) When is Chapter 13 preferable to Chapter 7?
 
Chapter 13 is usually preferable to the debtor who (1) has fallen behind with their mortgage payments and the bank will not provided the debtor with the necessary time to become current with their mortgage, (2) has valuable nonexempt property pledged as security for debts, which they would lose if they filed under chapter 7, (3) is not eligible for a discharge under chapter 7, (4) has one or more substantial debts that are not dischargeable under chapter 7, or (5) has sufficient assets with which to repay their debts, but needs temporary relief from their creditors in order to do so.
 
(6) How does Chapter 13 compare to a private debt consolidation service?

Under chapter 13, the court has the power to aid the debtor in ways which are not available with a private debt consolidation service. For example, the court has the power to prohibit creditors from attaching or foreclosing on the debtor's property to force unsecured creditors to accept the terms of a chapter 13 plan which do not pay their claims in full, and the power to discharge a debtor from unpaid debts. Private debt consolidation services do not these powers.
 
(7) How may secured creditors be dealt with under Chapter 13?
 
There are 4 methods of dealing with a secured creditor under chapter 13: (1) they may accept the proposed plan, (2) they may be allowed to retain their lien and be paid the full amount of their secured claim, (3) the debtor may surrender their collateral to the secured creditor, or (4) they may be dealt with outside the plan.