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BANKRUPTCY & GARNISHMENTS

We are bankruptcy attorneys in Eastgate, Ohio.  We have been in practice for nearly 30 years serving the community.

If your wages are being garnished by a creditor you can stop this garnishment by filing for bankruptcy protection.  Once you file for bankruptcy the automatic stay goes into effect that prohibits and stops all collection efforts by creditors.  This means that wage garnishments are NoDebtalso stopped as long as the stay is in effect.  If the garnishment continues after the case is filed all funds must be returned to you.  If for some reason the creditor would want to continue the garnishment they would have to request relief from stay from the court, this would only be granted if the creditor has a valid reason for doing so.  An unsecured creditor such as a credit card or hospital simply wishing to resume a wage garnishment is not a valid reason for the court to lift the stay.

The automatic stay does not apply to domestic support obligations, such as child support or alimony.  These are considered priority debts that are unaffected by the automatic stay and cannot be discharged through bankruptcy.  Domestic support obligations are not able to be discharged through bankruptcy.

The automatic stay end when you receive a discharge, your case is dismissed without 10418205-hulp-van-de-schuld-net-voor-green-road-sign-meer-dan-dramatische-lucht-wolken-en-zonnestraala discharge or when the court lifts the stay.  If you receive a discharge and the underlying obligation for the wage garnishment (such as credit card debt) was included in the discharge, the creditor cannot resume the garnishment to collect the debt after bankruptcy,

When you file bankruptcy you are required to list all your creditors so they can be notified of the bankruptcy.  However, there is a chance that creditors may not be alerted in time to put a stop on the garnishment after they case is filed, so any funds that are garnished after the bankruptcy filing until the garnishment is released will be returned to you.

If you are struggling with debt or a wage garnishment you should contact our office for a free consultation.  At this consultation you will be able to sit down with one of our experienced attorneys and discuss your individual situation.  We offer the free consultation, fair fees and monthly payment plans.

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

Contact your Eastgate, Ohio bankruptcy attorney today!

BANKRUPTCY

We are bankruptcy attorneys in Eastgate, Ohio.  We have been in practice for nearly 30 years serving the community.

Bankruptcy is specifically mentioned in the United States Constitution.  The United States Constitution states “The Congress shall have Power to establish….uniform laws on the subject of bankruptcies throughout the United States.”  This means bankruptcy is constitutional.

The founders wanted to ensure that there would be a uniform system of bankruptcy so that 800px-constitution_we_the_peopleone state would not put someone in debtor’s prison for a debt that was discharged in another state.  James Madison, in Federalist Paper No. 42, wrote about how important uniform bankruptcy laws would be for the regulation of commerce in the United States.  In this article the power to pass and regulate bankruptcy was mentioned in the same paragraph as the power to issue currency and regulate the use of foreign currency.

The United States Congress passed the first bankruptcy law in 1800.  However, that law only lased until 1803.  The next bankruptcy law was not passed until 1841, which also had a short life, lasting only until 1843.  After the civil ware, Congress passed a bankruptcy act with a little more longevity, lasting from 1867 to 1878.  Congress finally passed a permanent bankruptcy law in 1898, which remained in place for eighty years.  In 1978, the current structure of bankruptcy laws were enacted.  In 1984, 1986, 1994 and 2005, the bankruptcy act was revised, but the basic structure remained in effect.  The 2005 act added the means test, limits on restructuring vehicle loans and the credit counseling requirement.

Bankruptcy could help you get a fresh financial start.  It is designed to discharge all of your unsecured debts.

At our office we will offer you a free consultation where you can sit down with one of our attorneys and discuss your individual situation.

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

Contact your Eastgate, Ohio bankruptcy attorney today!

BANKRUPTCY

We are bankruptcy attorneys in Eastgate, Ohio.  We have been in practice for nearly 30 years serving the community.

Bankruptcy is specifically mentioned in the United States Constitution.  The United States Constitution states “The Congress shall have Power to establish….uniform laws on the subject of bankruptcies throughout the United States.”  This means bankruptcy is constitutional.

The founders wanted to ensure that there would be a uniform system of bankruptcy so that 800px-constitution_we_the_peopleone state would not put someone in debtor’s prison for a debt that was discharged in another state.  James Madison, in Federalist Paper No. 42, wrote about how important uniform bankruptcy laws would be for the regulation of commerce in the United States.  In this article the power to pass and regulate bankruptcy was mentioned in the same paragraph as the power to issue currency and regulate the use of foreign currency.

The United States Congress passed the first bankruptcy law in 1800.  However, that law only lased until 1803.  The next bankruptcy law was not passed until 1841, which also had a short life, lasting only until 1843.  After the civil ware, Congress passed a bankruptcy act with a little more longevity, lasting from 1867 to 1878.  Congress finally passed a permanent bankruptcy law in 1898, which remained in place for eighty years.  In 1978, the current structure of bankruptcy laws were enacted.  In 1984, 1986, 1994 and 2005, the bankruptcy act was revised, but the basic structure remained in effect.  The 2005 act added the means test, limits on restructuring vehicle loans and the credit counseling requirement.

Bankruptcy could help you get a fresh financial start.  It is designed to discharge all of your unsecured debts.

At our office we will offer you a free consultation where you can sit down with one of our attorneys and discuss your individual situation.

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

Contact your Eastgate, Ohio bankruptcy attorney today!

Bankruptcy and the Automatic Stay

We are bankruptcy attorneys in Eastgate, Ohio.  We have been in practice for over 28 years and can help you get a fresh financial start.

Are you struggling with debt, garnishments or medical debt?  Under bankruptcy you can discharge all of these debts and get a fresh financial start.

At our office we offer you a free consultation.  At this consultation you will be able to sit down 25604196-a-person-drawing-and-pointing-at-a-bankruptcy-consulting-chalk-illustrationwith one of our experienced attorneys and discuss your personal situation.  The attorney will be able to guide you as to your best interest as far as the next step.  Bankruptcy could be an option, or another avenue may be best for you.  If you do decide to move forward with filing bankruptcy a small retainer fee will get things started and we will then accept monthly payments until your fees are paid in full.  Once you put down this retainer you can discontinue paying on debts which you do not wish to retain and refer your creditors to our office.  During this time we will communicate with your creditors.

Once your case is filed the automatic stay will automatically go into effect.  What is an automatic stay?  The meaning of stay is to stop.  Which means once your case is filed it prohibits creditors from continuing to collect a debt from you.  If there is a garnishment it will have to stop.  Any court proceeding will have to stop.  All collection efforts have to stop.

If it is your intention to surrender a home through a Chapter 7 the creditor will have to seek relief from stay before they will be able to move forward in the foreclosure proceeding.  In essence filing Chapter 7 will slow down the foreclosure procedure and give you more time in your home.

Once you complete the bankruptcy and receive your discharge the debts are discharged which means they are gone, you are not responsible for them, they cannot collect on them from you.  If they were to contact you all you will have to do is give them your case number and filing date and this will resolve any problems.  Of course debts that are incurred after a bankruptcy filing are not included in this category.

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

Contact your Eastgate, Ohio bankruptcy attorney today for your free consultation.  Bankruptcy may give you a fresh financial start!