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Common questions (and answers) about bankruptcy
Is it hard to file bankruptcy?
Some people are afraid to file bankruptcy because they heard that the paperwork that needs to be filed is difficult and the process is overwhelming. We will take care of all of the paperwork for you and make it as easy as possible to file bankruptcy. We will guide you every step of the way. If you retain us to help you, we will let you know specifically what information and documents you need to provide. We will then prepare all of your bankruptcy paperwork and file it for you with the bankruptcy court. You will then attend a brief telephone hearing where a bankruptcy trustee asks you about your paperwork with one of our lawyers right there with you. After that, your debts will be gone!
Can I stop collection agencies from contacting me?
Phone calls from creditors and collection agencies at all hours can be frustrating. When you file bankruptcy, all collection efforts must stop. It is illegal for creditors or collection agencies to contact you at all after you file bankruptcy. They can no longer send you bills or threatening collection letters. Those annoying phone calls will also stop. You will be able to answer your phone again!
How much does filing bankruptcy cost?
Our firm takes pride in the quality of our work and in our ability to keep our fees reasonable and competitive with other local bankruptcy firms. Fees can vary from case to case because each individual’s case is different in complexity based on the amount of assets, debts, and income involved. We know you are already struggling financially and we work with you to make bankruptcy as affordable as possible. Beware of bankruptcy attorneys who offer you free bankruptcy or zero-down bankruptcy. These offers are usually too good to be true and involve hidden costs that arise later in the process. We are up front and honest with all of our clients as to what their costs will be. We strive to offer our clients exceptional legal service for the best value possible.
Won’t everyone know if I file bankruptcy?
You may be concerned about who will find out about your bankruptcy if you file. “Will my friends and family find out?” is a common question. Most people don’t want their financial difficulties announced to the world. It is a common myth about bankruptcy is that everyone will find out – this is simply not true. Essentially, the only ones that get notified about your bankruptcy filing are your creditors so they know to delete your debts out of their accounts. Any required bankruptcy hearings are by telephone so nobody will ever see you in a courtroom. Bankruptcy is a federal legal process, so it won’t get listed in public state court records (like Wisconsin’s circuit court record system, or “CCAP,” as it is well known). The only ones who really access bankruptcy federal records are the creditors, bankruptcy lawyers, and judges who work in the system.
My car is getting repossessed. Can bankruptcy help me?
It can be scary if you fall behind on your car payments. It can be even more scary if you receive notice that your car is going to be repossessed. “How will I get to work?” “How will I get my kids to school?” are common concerns. Everyone’s circumstances are different and we can help you determine how bankruptcy can help you with your car loan debt. In some cases, filing bankruptcy can allow you catch up with payments and keep your car and stop the repossession. In other cases, bankruptcy can help you get your car back after it has already been repossessed. Filing bankruptcy can also allow you to surrender your vehicle back to the creditor if you no longer want it and get rid of your obligation to pay anything.
When a car is repossessed, creditors can still demand that you pay the rest of the loan even when you no longer have the car. Creditors can sue you in court for the balance of the loan and get a deficiency judgment against you. Deficiency judgments can be significant up to $15,000 or more. Bankruptcy can completely wipe out your obligation to pay this balance, even if the creditor already went to court and obtained a deficiency judgment against you.
Can bankruptcy stop foreclosure on my home?
Financial difficulties can arise that can cause homeowners to fall behind on their house payments. If too many house payments are missed, the mortgage lender may start foreclosure proceedings in court. Worrying about where you and your family are going to live if the bank takes your home is extremely stressful. If you are behind on payments and receive notice from your mortgage lender that they are going to foreclose on your home, we can help you file a Chapter 13 bankruptcy to stop the foreclosure and keep your home. Through a Chapter 13 repayment bankruptcy, you can start making your regular monthly mortgage payments again, and all of the missed payments will be combined to be paid back to the lender in equal small monthly installments over the next 3-5 years.
How does bankruptcy affect my credit?
You may be concerned that you will never have good credit again if you file bankruptcy. “What happens to my credit score?” is a common question. Filing bankruptcy does not prevent you from ever borrowing money again. Many of our clients have obtained car loans and credit cards right after filing bankruptcy, although they may have had to temporarily pay higher interest rates. Many bankruptcy filers can rebuild their credit score and apply for low interest rates after a few short years. We will give you advice on how to rebuild your credit score as fast as possible after filing bankruptcy.
How would I declare bankruptcy?
“Declaring bankruptcy” is a term sometimes used for filing Chapter 7 bankruptcy. In essence, you are declaring bankruptcy to your creditors that you can no longer pay on the debts you owe. We make it as easy as possible for our clients to file Chapter 7 bankruptcy and get a fresh start. We will guide you every step of the way. Once you retain us, we will let you know specifically what information and documents you need to provide us. We will then prepare all of your bankruptcy paperwork and file it for you with the bankruptcy court. You will then attend a brief telephone hearing where a bankruptcy trustee asks you about your paperwork with one of our lawyers right there with you. After that, your debts will be gone!
Are you facing financial troubles?
Is bankruptcy an option for you?
We will take the time to help you figure out if bankruptcy or a repayment plan might be an option for you. We will go over your specific struggles and concerns with you, and answer all of your questions. Together, with you, we will create an action plan to solve your financial problems and get a fresh start.
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
Why Should I Consider Vann & Chamberlain?
Because life isn’t easy, and sometimes we all could use a fresh start.
If you’re here, then we know you’re under a lot of stress at the moment. It’s our mission to alleviate that stress and make the legal process as easy as possible for you.
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