Posts

BANKRUPTCY AND DIVORCE

 

It’s not uncommon for someone to file for bankruptcy after a divorce. You or your ex-spouse may not be able to keep up with payments on credit cards and other debts on a single salary. It happens, and it’s a legitimate reason to look for relief through bankruptcy.

Money is a big stress factor in many relationships. Sometimes a couple that has money problems will think that the answer to their problems is divorce. Each spouse is likely to believe that the other is mostly responsible for the couple’s money problems. This belief may or may not be true. One thing is true, you can divorce your spouse, but you can’t divorce the debts incurred during your marriage.

When either party contemplates bankruptcy, one consideration is the timing of the filing and whether the parties should file a joint bankruptcy before or during the divorce, or an individual bankruptcy before, during, or after the divorce. Your creditors are not part of the divorce, and the family court cannot alter, modify or revise the contract between debtors and their creditors.  Any joint debt discharged by one party will leave the other party solely liable, exposed to collection efforts and law suits, and will often force the other spouse to repay or file bankruptcy.

Both spouses are responsible for the debts incurred during the time of the marriage. Your divorce settlement will divide up the debts, assigning responsibility for some to one spouse and some to the other. But that divorce settlement is between you and your ex-spouse. It doesn’t bind the creditor, who can collect the debt from either one of you. This means if your ex-spouse doesn’t pay his or her share of the debts, the creditor can come after you for payment.

HOW CAN I GET STARTED?

Call our office today and set up your free consultation with our Attorney’s. Here you will discuss which chapter of bankruptcy is best for you.

Bankruptcy can mean different things to different debtors. There are several types of bankruptcy chapters provided under the U.S. Bankruptcy Code, each with its own rules and procedures.

The most common filings for bankruptcy are chapter 7 and chapter 13. Chapter 7 will wipe out all your unsecured debt (credit cards, medical fees, utilities, etc.). You can also keep your house and vehicle in chapter 7, as long as your current on payments. Chapter 7 is a straight bankruptcy, referred to as a liquidation bankruptcy. This will stop all collection proceedings including phone calls, mailings, garnishments and court proceedings. As many as 65% of consumer bankruptcy filings in the U.S. are chapter 7. Under a Chapter 7, any debt incurred to a spouse or former spouse that is incurred during a divorce by agreement, decree or court order is not dischargable.  If any assets are recovered, these debts are paid before most of the other debts.

Chapter 13 is a repayment plan. It is referred to as a wage earner. You must have a reliable source of income so that you can repay all or a portion of your debt. Chapter 13 will stop a foreclosure or repossession as well. It is designed to help you retain your home or vehicle if your behind. You will repay 1% to 100% of your unsecured debt, depending on the individuals situation. This will last a minimum of three years and maximum of five years. During this time it will be up to the creditors to file claim in order to be paid during the case.  Under a Chapter 13, the debtor may receive a discharge from obligations incurred as part of the divorce if certain conditions are met.

HOW CAN I GET BACK ON TRACK?

Once you have fully discharged, rebuilding can sometimes seem like an overwhelming task. But it’s important to realize that there is life after bankruptcy. Repaying your existing bills as agreed will be one of the single, most powerful things you can do to restore your finances and your credit.

FREE CONSULTATION

Contact our office today in Eastgate, Ohio your free consultation to see if bankruptcy will give you the financial relief you are looking for.

BANKRUPTCY

 

ARE YOU THINKING OF FILING FOR BANKRUPTCY

Are you thinking of filing for bankruptcy.  Looking for an attorney to represent you through the process?  Calling around to get a fee?  Looking for the lowest fee around?  Just remember that you get what you pay for.  Bankruptcy is a very specific process and must be done correctly so that your case will go through and you will receive your discharge through your case.  You do not want any snags and want everything to go through smoothly.  It is stressful enough when everything goes just right let alone when things are messed up.  Some believe that bankruptcy is simple, so simple that they can even take care of it themselves.  This may have been the case in the past but since the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 things are much more difficult and more precise.  It is not recommended that you attack this task on your own.

Trying to file for yourself will most likely cause you more headaches than you would like to endure.  So the decision to seek an attorney to help you through the process is the best one.  You will want to find an experienced attorney who specialized in bankruptcy.

OUR LAW OFFICE

At the Keegan & Co. Attorneys, LLC our main focus of practice is bankruptcy, this is our main focus of practice.  Our office has specialized in bankruptcy for over 27 years.  We can provide you with the expertise that will make your bankruptcy seem simple and before you know you will be on with your debt free life.

FREE CONSULTATION

At our office we will offer you a free consultation where you will be able to sit down and discuss your individual situation.  They will advise you about your options to resolve your debt.  Sometimes bankruptcy is the answer, sometimes it may not be the best decision.  The attorney will advise what is best for you.

At this free consultation the attorney will quote you a fee. We will accept monthly payments until your case is filed.

Considering Bankruptcy

Are you struggling with debt? The phone is ringing off the hook with creditor calls, the mailbox is overflowing with bills.  Is it all getting too much to handle?  You have tried but the struggle is never ending.  It seems as soon as you start to get ahead something else comes up and gets you behind.  Bankruptcy may be the answer to your financial troubles.

OUR OFFICE

At our office we offer a free consultation.  At this free consultation you will be able to sit down with a qualified experienced bankruptcy attorney and discuss your current situation and ask any questions you may have.  The attorney will at this free consultation advise which chapter will be best for you.

There are several chapters of bankruptcy available under the federal bankruptcy code, however, Chapter 7 and Chapter 13 are the most common filings among general consumers.

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy is also referred to as straight bankruptcy or liquidation bankruptcy.  This chapter is available for most consumers.  Under Chapter 7 Bankruptcy protection you will be able to discharge all of your unsecured debts under the bankruptcy code.  A discharge is a document issued by the federal court which deems your debt non-collectable by creditors.  Once you file for Chapter 7 protection all collection practices by creditors must stop.  This includes but is not limited to phone calls, mail harassment, court proceedings and garnishments.

Chapter 7 is sometimes referred to as a liquidation bankruptcy because the Chapter 7 Trustee may take some of your assets and sell them to pay your debts.  However, most people are happy to find out that they are able to keep most of their assets as there are exemptions to protect these assets.  There are cases, however, where you may have equity and have to pay back some to the Trustee.  Most people are happy to pay back this small amount compared with the debt that they are discharging through the bankruptcy.  Call our office today for your free consultation to discuss your individual situation.

In Chapter 7 Bankruptcy you will be able to keep your home and vehicle.  You must however, be current on your payments on these assets if you wish to keep them.  The creditor will have a reaffirmation agreement for you to sign and this will deem the debt non-discharged through the bankruptcy.  This document will also guarantee that the creditor will continue to report your payment history to the credit reporting agencies, thus rebuilding your credit after the bankruptcy filing.

As many as 65% of consumer filings in the US are Chapter 7 Bankruptcy filings.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy also referred to as a wage earner plan you will allow you to retain ownership and possession of all assets that you wish to keep.  But you may also surrender assets through Chapter 13, if you wish.  In Chapter 13 Bankruptcy you must have income to support the case as you will be making monthly payments to the Chapter 13 Trustee and they will be disbursing your funds to your creditors for you.  It is up to the creditor in a Chapter 13 Bankruptcy to file a claim in order to be paid.

Chapter 13 can stop a foreclosure.  If you are in foreclosure and want to save your home you can file a Chapter 13 and stop the foreclosure.  Your mortgage holder cannot object to your bankruptcy filing and must file a claim in your case to be paid.  Chapter 13 generally lasts for a three to five year period.  During this time you will be able to make up all your missed payments and the Trustee will disburse your regular house payment.  This is a good thing because at the end of your case the trustee will file a notice with the Court that all payments are current and deems that your mortgage holder cannot come back on you for additional fees incurred while you were under bankruptcy protection.

If you are behind on your vehicle, Chapter 13 can also stop repossession and give you time to make up the missed payments over the three to five year period.

Contact Us

For more information check out our website at  www.keegancolpa.com.

Every situation is unique so contact your Eastgate, Ohio Bankruptcy Attorney today for your free consultation.

BANKRUPTCY AND YOUR RETIREMENT ACCOUNT

We are bankruptcy attorneys located in Eastgate, Ohio.  Our primary practice is focused on Chapter 7 and Chapter 13 bankruptcy filings.

Are you struggling with debt, looking for a way out of debt.  The feeling can be overwhelming.

Worry to check the mail box or answer the phone.  Looking for a way out of debt!  You are not13593348-wereldwijde-financi--le-crisis-zakenman-valt-business-concept-ge-----soleerd-op-wit

SHOULD I CASH IN MY RETIREMENT TO PAY MY DEBT?

The straight up answer here is NO!  This is a bad idea!  You have worked hard and saved up your retirement for your whole life.  Your retirement is just for that, your retirement.  Funds you will need as you grow older and will no longer be  able to run the race everyday like you do now.  Most likely you are currently employed which provides funds for your needs just as your retirement funds will provide for your needs in the future.  If you are already retired then you needs these funds now, these are your funds to provide for your needs, you need these funds, do not cash them in to pay debts.

Bankruptcy may be available for you.   Under the federal code your retirement funds are protected.  You can file for bankruptcy protection and keep your retirement accounts for when they will be needed..when you retire.

WHAT IS BANKRUPTCY?

A federal code set up which will allow a debtor to discharge all of their unsecured debts.  Once a discharge is issued creditors can no longer collect on debts included in the bankruptcy.  You do not have to pay any of these debts and you do not need to report the filing to the IRS as income.  There are two main chapters filed by most consumers which are Chapter 7 and Chapter 13.

CHAPTER 7 

Chapter 7 is the most common bankruptcy filing.  It goes by many names, Chapter 7, straight image7sbankruptcy, simple bankruptcy, liquidation bankruptcy and so forth.  In a Chapter 7 you will be able to discharge all of your unsecured debts.  If you have secured items you would like to keep such as a home or vehicle you will be able to reaffirm on these debts through your case.  Chapter 7 is sometimes referred to as a liquidation bankruptcy because the trustee in a case may liquidate some of your assets, however, most assets are protected under the state exemption levels.

CHAPTER 13

Chapter 13 is designed for those who are over income for Chapter 7 or who are behind on their homes or vehicles.  Chapter 13 is a repayment plan.  Under Chapter 13 you will have three to five years to make up payments you are behind on your home or vehicle.  The trustee will make these payments for your.  You will pay back a percentage of your debts to your unsecured creditors.  You will receive a discharge at the end of your case.

MORE INFORMATION

For more information check out our website at www.keegancolpa.com.

Contact your Eastgate, Ohio bankruptcy attorney to see is bankruptcy is the right decision for your.