if you're contemplating filing for bankruptcy

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In recent years, Americans have found themselves struggling with unprecedented levels of debt. Huge mortgage payments, soaring car payments, and credit card debt have left many overwhelmed and feeling financially trapped. if you’re contemplating filing for bankruptcy, you’re not alone. Understanding the bankruptcy system can help provide a path to financial stability- a crucial first step. 

U. S. Debt: An Overview

Credit Card Debt

Total US credit card debt has reached a reported $1 trillion. This record high debt burden is compounded by higher interest rates and goods inflation making it impossible for consumers to pay down balances. 

The average American household now carries a credit card balance of over $8000, with interest rates usually exceeding 20%. For many consumers, this means that they are paying a significant portion of their income towards interest payments and not reducing their overall credit card balance. 

Mortgage Payments and Rents

Over the last few years, the housing market has seen substantial increase in prices, mortgage payments, and rents.  Many homeowners and renters are now paying 40% of their income towards their mortgage or rent. The average monthly mortgage payment is now $2000 per month nationwide. 

Car Payments

The cost of owning a vehicle has also dramatically increased. Average car payments now exceed $600.00 per month. Americans are spending more on their cars than ever before. This is compounded by higher interest rates, making it difficult to stay on top of car payments without sacrificing other essential spending. 

The Role of Bankruptcy 

For those drowning in debt, bankruptcy is a powerful tool for resetting one’s financial landscape. Here’s how: 

  1. Immediate Relief Through the Automatic Stay: Filing for bankruptcy triggers an automatic stay which halts collection actions against you. No more harassing phone calls, wage garnishments, foreclosure proceedings, or car repossessions. The Automatic Stay provides immediate relief while you discharge your unsecured debt or reorganize your debt under chapter 13.
  1. Discharge of Unsecured Debt: One of the most significant benefits of bankruptcy is the discharge of unsecured debts – usually everything but car, mortgage, and student loan debt. Chapter 7 will wipe out unsecured debts, giving you a fresh start. While not all debts are dischargeable in Chapter 7, by eliminating a substantial portion of your debt, you can significantly reduce the financial stress.
  1. Structured Repayment Plans: If you choose chapter 13 bankruptcy, you will enter a court approved repayment plan on your debt. This plan consolidates your debts into one manageable monthly payment over three to five years, usually significantly reducing the total amount of debt. Chapter 13 will also stop a mortgage foreclosure and allow you to catch up back mortgage payments thereby saving your home.
  1. Asset Protection: Contrary to popular belief, filing for bankruptcy doesn’t mean you lose everything, or anything, in most cases. State and federal bankruptcy exemptions allow you to keep essential assets like your home, car, and retirement accounts.

Is Bankruptcy Right for You? 

While bankruptcy offers a lifeline, it’s not a decision to be taken lightly. It is essential to weigh the pros and cons and consider how it will impact your financial future. By consulting with one of our expert bankruptcy attorneys, we will provide you with personalized advice tailored to your specific circumstances, helping you make an informed decision. 

Record levels of debt are putting immense pressure on American households, but there is hope. Bankruptcy offers a fresh start, relieving you of the burden of insurmountable debt providing a pathway to financial freedom. If you find yourself overwhelmed by credit card debt, high mortgage payments, or excessive car payments, exploring bankruptcy as an option could be your first step towards regaining control of your financial future. Remember, seeking help is a sign of strength, not failure, and taking proactive steps today can lead to a brighter, more secure tomorrow. 

 

What is the Bankruptcy Process?

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Filing bankruptcy is an important decision. Bankruptcy is designed to give you a fresh start by eliminating overwhelming, harmful debt so you can begin anew financially.

All in all, the process usually takes around three months from beginning to end. Your first step is to schedule a free consultation with one of our attorneys. If you can, bring along your financial information and bills for our attorney to review. Eventually, in order to file your case, we will need a complete list of your assets and debts.

During your consultation, your attorney will discuss exemptions that will allow you to keep equity in your home, cars, retirement accounts and other items.

Then, once we have all your documentation, your case is signed, and your costs and fees are paid, we file your case. A meeting with the United States Trustee is scheduled about 30 days after filing. These meetings are currently being held in our Eastgate office by telephone. You and your attorney will to meet together with the trustee.  The meeting typically takes 10 -15 minutes.

Although a good majority do, not every one qualifies for a Chapter 7. Whether you qualify is based on your income, family size, debts and other financial information. If you do not qualify for a Chapter 7 case you may file a Chapter 13 bankruptcy which is a repayment plan that protects wages and assets from attachment and interest from accruing while completing the plan. A Chapter 13 may be necessary to save a house or car from repossession.  A Chapter 13 case can be converted to a Chapter 7 in many circumstances. We are with you throughout the process to modify your case as necessary over the months or years as your circumstances change.

In a Chapter 13 case, clients pay a percentage of unsecured debts. Depending upon your situation,  the amount repaid can be as low as 1%. We will need your income for the last six months to formally evaluate whether you should do a Chapter 7 or Chapter 13 case.

Our office does not charge for the initial consultation. Your attorney will quote you a flat rate after evaluating your case. The more detailed income and debt information you provide at the initial consultation, the better we can properly advise you of your legal rights. Call 513-752-3900 to schedule an appointment at either our Eastgate or Middletown locations.

 

Can I Rebuild My Credit after Bankruptcy? Yes You Can!

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Can I Rebuild My Credit after Bankruptcy? The Answer is Yes!

Bad credit records such as delinquencies, too much outstanding credit, slow pays, etc are all negative marks that will remain on your credit record for up to 10 years. In most cases, although the creditor may not be actively pursuing your debt, the debt remains valid and open to collection through wage garnishment or bank account seizure. Bankruptcy solves this problem because it eliminates your debt. After bankruptcy, your financial situation will be far better as you will no longer be shuffling funds in an attempt to cover all the bills. After bankruptcy, our clients are excited to create a new budget… that includes savings!

Usually within a year of filing bankruptcy, your credit record will improve substantially. You will become a better credit risk than you were prior to the bankruptcy. For many, bankruptcy is the first step toward better credit, financial freedom and saving for the future.

Once you complete your case and your debts are discharged your old debt is eliminated. You will have a Fresh Start! Most creditors will see this fresh start and lack of other debt as a positive. One Caveat—creditors now want evidence that you can handle credit going forward. For this reason, after you file bankruptcy it will be extremely important that you control your use of credit.

Initially, bankruptcy will be a hit on your credit score but in the long run, the notation “discharged in bankruptcy” is much better than having your accounts reported as delinquent and open. We recommend that soon after your bankruptcy discharge you get a copy of your credit report. Review this report carefully, check to make sure that the debts you included in your bankruptcy are reported to be DISCHARGED with a ZERO balance. Dispute any accounts that have not been updated.

Depending on when you file Chapter 7 or 13, a bankruptcy will stay on your credit for 7-10 years. Despite this, you will soon have the opportunity to rebuild your credit. Some companies cater to those who have filed bankruptcy by offering secured credit cards with low credit lines and high interest rates. If you use this credit wisely and make all your payments on time you will prove that you have become a good credit risk.

What Factors Will Affect My Ability to get Credit?

Factors that are considered: Income,  Job History,  Credit Score,  Debt-to-Income Ratio.

After Bankruptcy We Encourage our Clients To:

Periodically monitor your credit record and dispute errors.

Make “on time” payments.

Maintain a stable job history.

Deliberately and thoughtfully apply for new credit. 

Use no more than 10-30% of your available credit.

Are You Ready for a New Start? We Want to Help!

The lawyers of Keegan & Co. Attorneys have over 55 years combined experience helping people just like you resolve debt issues. Our attorneys have handled several thousand bankruptcy cases from the simple to the most complex. In all likelihood, we’ve seen your situation or type of problem dozens of times before. We can almost always help, even if it’s just advice on how to avoid bankruptcy.

Many are surprised to learn just how quick and painless the bankruptcy process is. You will need to provide us with certain documents and it is required that you take two short online credit counseling classes. Our attorneys will handle the rest. You and your attorney are required to appear for just one hearing. These hearings are held at our office.

Consultations are free and at Keegan & Co Attorneys and will always be with an experienced attorney, never with a paralegal or secretary. Call 513-752-3900 to schedule your personal consultation. We look forward to meeting you!