Category: Bankruptcy

Can I File for Chapter 7 Bankruptcy in Arizona and Keep My Car?

Can I File for Chapter 7 Bankruptcy in Arizona and Keep My Car?

Some people are hesitant to file for bankruptcy, even when they are mired in debt and are facing ongoing harassment from their creditors. They may start getting notices of repossession or even of foreclosure, yet they still don’t take action. There is a lot of stigma around bankruptcy, with many people thinking that it’s a moral failing or that it will destroy their credit. The reality is that bankruptcy is a legal right designed specifically for people like you who are struggling with debt, and filing for bankruptcy can actually save your credit from the damage that late payments, high balances, and delinquencies will inflict on it year after year.

Another reason that some people are hesitant to call a Gilbert bankruptcy lawyer and learn about their options is they are worried about losing their home or their car. But, in many cases, you can exempt these items from your bankruptcy filing or can take other steps to protect them. Here are a few things that might be possible:

Man filing for Chapter 7 Bankruptcy in Gilbert  to keep his car

Exemption

If you file for Chapter 7 bankruptcy in Gilbert, you can gain maximum debt relief. Your unsecured debts can be completely discharged, which means that you will not have to pay them. There is no limit on how much debt can be discharged, only on the type of debt. Secured debts like auto loans and mortgages cannot be discharged.

You have to pass a meant test to qualify to file for Chapter 7 bankruptcy. That test looks at not only your income, but also your assets. Bankruptcy law allows you to keep an asset up to a certain value. So, if you are still paying on your vehicle and don’t have a lot of equity in it, or if you own your vehicle outright but it is older and not worth much, you will likely be able to keep your vehicle since its value will likely be within the exemption amount.

Restructuring the Debt

Perhaps you have already fallen behind on the payments for your vehicle and you are facing repossession. Bankruptcy cannot discharge what you owe. Since the debt is secured, your auto lender can repossess your vehicle to satisfy the debt, even if you have filed for Gilbert Chapter 7 bankruptcy and received a discharge.

However, if you file for Chapter 13 bankruptcy in Gilbert, you can restructure your debt and catch up on those missed payments, allowing you to keep the vehicle. Under Chapter 13, your debts are included in a structured payment plan. You make one monthly payment for all your debts that you can actually afford. At the end of the repayment plan, which can last three to five years, you may be able to discharge whatever debt is left. You would need to discuss the specifics of your case with a Gilbert bankruptcy attorney to know what’s possible.

Forsaking the Vehicle

You may decide that you don’t actually want to keep your vehicle. You may have fallen too far behind in your payments, and you may not want to (or be able to) pay to catch up the payments. Or maybe you want to discharge your debt, rather than restructure it. If you have more credit card debt than secured debt, you may just want to Chapter 7 bankruptcy.

Whatever the reason, you may just decide to let the car go. You may file Chapter 7 to deal with your other debt, and you may decide to let your lender repossess the vehicle.

You have a number of options to deal with your debt. Talk to a bankruptcy attorney serving Gilbert to find out the best strategy for using bankruptcy to get the maximum debt relief possible.

Call Gilbert Bankruptcy Lawyers to learn more about your options through bankruptcy. A Gilbert bankruptcy attorney from our team will sit down with you to review your finances and to better understand your goals through bankruptcy. The attorney will then recommend strategies for meeting those goals through bankruptcy and relieving you of as much debt as possible. We handle both Chapter 7 bankruptcy and Chapter 13 bankruptcy cases. Call us in Gilbert today to schedule a consultation with a trusted bankruptcy attorney and learn more.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Tracking the Critical Stages of Chapter 7 Bankruptcy

Tracking the Critical Stages of Chapter 7 Bankruptcy

Tracking the Critical Stages of Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy can give you enormous debt relief. You can get all of your unsecured debt discharged if you qualify, including all your credit card debts, medical bills, personal loans, and more. Imagine how your finances would look if you suddenly didn’t have to pay for any of those things. That’s what fling for Chapter 7 bankruptcy in Gilbert can do for you.

However, many people avoid getting the debt relief they need through bankruptcy because they are confused about the bankruptcy process. They think it will be too complicated or too expensive, or that it will destroy their credit. The truth is that bankruptcy can actually save your credit, as opposed to you struggling with delinquencies and high balances for too long.

Talk to a Gilbert bankruptcy lawyer to demystify the process and make the whole process a lot easier for you. Here’s what you’ll learn about the critical stages of the Chapter 7 bankruptcy process:

Man tracking the stages of chapter 7 bankruptcy with a Gilbert bankruptcy lawyer

Consultation

Start the bankruptcy process by scheduling a consultation with an experienced bankruptcy attorney in Gilbert. The attorney will review your financial circumstances and help you understand if Chapter 7 would be the right option for you, or if you would be better off with Chapter 13 bankruptcy or another option. The attorney will also help you learn if you are qualified to file for Chapter 7, which requires passing a means test that evaluates your income and assets.

Retain an Attorney

After reviewing your options, if you decide to move forward in the process, you will have to retain an attorney to get things started. You will need to sign a contract, and you may need to pay a deposit or even the full amount. Your Gilbert bankruptcy attorney will let you know what the options are for payment.

Put Together Paperwork

You will need to provide your attorney with a lot of paperwork that he or she will use to prepare your filing. That might include a credit report, information about old debts, information about payments, information about your assets, and so on. You will also have to sign a number of forms.

Your bankruptcy attorney serving Gilbert will go through what is needed and work with you on putting all this paperwork together.

Take the Counseling Course

You are required to take a credit counseling course before you file for bankruptcy. The course takes about 90 minutes to complete, and it costs about $15. Your attorney will advise you on when and where you can take this course for your convenience and for the expediency of your case filing.

Case Preparation

Your attorney will then get to work on preparing your filing. Your bankruptcy attorney in Gilbert will review all your paperwork and will reach out to you if anything else is needed for your filing. Many attorneys who accept payment plans for your legal fees also require that the final payment is delivered at this stage.

Sign and File

You will be given a chance to review your paperwork. Then you will be asked to sign everything, and your attorney will file the paperwork.

Meeting of Creditors

A meeting of your creditors will be scheduled about a month after the bankruptcy paperwork is filed. The meeting is brief – maybe even just 10 minutes – and it involves a bankruptcy trustee asking some basic questions about the case. You likely won’t even need to attend this meeting. Your attorney will be able to answer questions on your behalf.

Take the Debtor Education Course

You will have to take a final course before your bankruptcy can be discharged. You have to take a debtor education course with 45 days of your meeting of creditors. This is another 90-minute course, and it also costs about $15. You can take it online, and it will cover good financial management tips to help you avoid running into problems with debt in the future.

Discharge

So long as you take your debtor education course, your bankruptcy case can be discharged 60 days after your meeting of creditors. That means that your debts can be completely wiped out. You will no longer owe anything to your credit cards, your medical providers, and other unsecured creditors. Your Gilbert bankruptcy attorney will advise you long before this stage what debts are included in the filing.

If you are struggling with debt, call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy may be able to help you. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we’re ready to help you find the option that will give you the maximum debt relief. We also help businesses who are looking for protection under bankruptcy law. Call us in Gilbert today to schedule a consultation with a bankruptcy lawyer and learn about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Steps to Take When Your Bank Account is Garnished

Steps to Take When Your Bank Account is Garnished

Steps to Take When Your Bank Account is Garnished

Creditors will take a number of measures to collect on what you owe. You will receive a number of notices in the mail, and you will be called repeatedly by representatives. Eventually, the creditor will start levying fines, and then it will start looking at legal ways to collect your debt. One way that your creditor might try to collect on what you owe is to seek wage garnishment. 

Ideally, you would take steps before wage garnishment goes into effect. You may be able to negotiate a settlement with your creditor or set up a payment plan. However, if you are not able to pay at all, you may talk to a Gilbert bankruptcy attorney about your options for debt relief. You may be able to get your debt discharged through a Chapter 7 bankruptcy, or you may be able to get it restructured in a repayment plan that you can actually afford. 

Man in a meeting with a bankruptcy Lawyer

Lawsuit

Before creditor starts garnishing your wages, it has to file a lawsuit against you. You will receive notice that this is happening, and you will have the opportunity to reply to the lawsuit and to participate in the process. This is not the time to bury your head in the sand and hope the whole thing goes away. It won’t. 

Work with a lawyer to fight the process if you can afford it. If not, hire a bankruptcy lawyer in Gilbert to explore your options for debt relief. Filing for bankruptcy can put an end to any legal action being taken against you – at least until the bankruptcy is resolved. 

Writ of Garnishment

If a creditor wins a judgement against you, the court will issue a Writ of Garnishment. This is a legal document that the creditor will give to your bank or your employer. Your bank will freeze money in your account as soon as this is received. If you know it is coming, you can try to be quicker than your creditor and withdraw that money before the writ is filed. You should focus on accounts that you share or supervise, such as accounts for your children.

Claim of Exemption

If you want to stop your bank account or wages from being garnished, you will need to file a Claim of Exemption within 10 days of the Writ of Garnishment being filed. The claim tells the court that money in your account is exempt and should not be garnished. Funds that would qualify as exempt include things like social security disability income and child support. 

Ideally, you would have a separate account for these funds so that you could easily show what funds came from what sources. However, you can get an Gilbert bankruptcy attorney to work with you on filing the Claim of Exemption to increase your chances of success. You may also consider filing for bankruptcy before the funds are transferred, which may put a stop to the transfer or help you get back money shortly after it is transferred.

Protecting against Future Levies

There are a few ways you can protect against additional levies or wage garnishments for this or future debts. You can hire a lawyer and fight the civil case, which you may not win if you actually owe the money. You can try to negotiate with the creditor directly to settle your debt, possibly even lowering it. 

However, the most effective way to deal with levies and wage garnishments is to file for bankruptcy. Filing for bankruptcy will give you long-term debt relief. As soon as you file, it will trigger an automatic stay, which will put a stop to any legal action being taken against you, including wage garnishments and bank levies. 

Contact Gilbert Bankruptcy Lawyers today to learn more about how filing for bankruptcy may help you get the debt relief you need. An experienced bankruptcy attorney from our team will review your finances and talk over your goals with you to help you understand the best strategy. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We also represent business clients who are seeking protection through bankruptcy. Call us in Gilbert today to talk with a bankruptcy lawyer about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Foreclosures vs. Short Sale: Which One Affects Your Credit More?

Foreclosures vs. Short Sale: Which One Affects Your Credit More?

Your mortgage is likely your biggest expenses. If you start having trouble with debt, you are likely to continue paying your mortgage, since that is your most important expense. But over time, as your debts continue to mount, you may find it harder and harder to pay that large expense every month. Eventually, you may start falling behind on your mortgage payments. At first, you may just get notices to pay, accompanied by late fees, but after more time passes, you may start getting warnings about potential foreclosure action.

To head off a foreclosure, you may start thinking about a short sale. But really, you might need to talk to a bankruptcy attorney in Gilbert about your long-term options for debt relief. Not only will your credit score recover more quickly, but it can also help you to save your house (if you want to save it).

Couple reading a foreclosure notice

Foreclosure

More people know about a foreclosure than they do a short sale. Your mortgage lender can initiate foreclosure proceedings against you if you fall behind on your mortgage. You will get ample notice of such proceedings and given a chance to come current on your mortgage. But eventually, if you do not pay on time, your lender can have you evicted and can sell your house at auction to try to recoup what you owe on the mortgage. If the house sells for more, you will get the surplus. If it sells for less, you may still owe your lender.

A foreclosure will be a massive hit to your credit. Exactly how many points you will lose depend on a variety of factors, including your overall credit history before that, where you live, and more. However, financial analysts report that you can experience a drop of as much as 300 points.

Short Sale

With a short sale, you are taking a somewhat more proactive approach to stopping a foreclosure, but the end result is the same: You lose your house. A short sale happens when you sell your house for less than it is worth. Once you have a buyer, you have to apply to have the short sale approved by your lender, which will also require you to provide evidence of hardship. If the short sale is approved, you can often walk away without owing anymore money.

Like a foreclosure, a short sale will make a significant dent in your credit score. Analysts disagree on whether a short sale will hit your credit worse than a foreclosure, but general consensus seems to be that scores will fall about the same for both. In some cases, short sales come out slightly ahead in terms of credit score since they are seen as more proactive.

Bankruptcy

If you are struggling so much with debt that you are unable to pay your mortgage, it is worth talking to a Gilbert bankruptcy attorney. By filing Chapter 7 bankruptcy, you can discharge unsecured debts that are eating up your disposable income, such as credit card payments, medical bills, and personal loans. You can’t discharge any unpaid mortgage debt, but you may be able to free up enough money that you can pay back what you owe on your mortgage finally.

Alternatively, you can file Chapter 13 bankruptcy in Gilbert to restructure your debt so that you can afford it in one monthly payment. Your unpaid mortgage debt would be included in that repayment plan, which lasts for three to five years. You may be able to save your house from foreclosure by filing for Chapter 13, while also getting your debt under control. At the end of the repayment period, you may be able to discharge remaining debt, as well as any second mortgages that may be worth more than your house is now.

In addition to all these benefits, filing for bankruptcy will also be less of a blow to your credit than a foreclosure or short sale, and you’ll be able to start building your credit more quickly after all is said and done. Talk to a bankruptcy lawyer about how you can use bankruptcy to get the debt relief you need.

Call Gilbert Bankruptcy Lawyers to learn more. We represent individuals who file Chapter 7 bankruptcy or Chapter 13 bankruptcy. If you own a business, we can also represent you in Chapter 11. Our goal is to maximize your debt relief in as short a time as possible. We’ll review your finances and help you understand the best strategy. Call us today to schedule a free consultation with a bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Divorce and Bankruptcy: Common Misconceptions about Divorce Debt

Divorce and Bankruptcy: Common Misconceptions about Divorce Debt

Divorce and Bankruptcy: Common Misconceptions about Divorce Debt

Divorce and bankruptcy can both be complicated. Put them together, and you may have even more confusion. There are a lot of questions that will arise for which you’ll need the experienced counsel of your Gilbert bankruptcy attorney and your divorce attorney.

It’s important that you talk through some issues with your attorneys ahead of time so you know what to expect and you can plan appropriately. Here are a few common misconceptions that come up about divorce and bankruptcy:

Divorced couple with bankruptcy lawyer

The Debt Wasn’t in My Name, So I Don’t Have to Pay

You may not feel like you have anything to worry about if the debt was in your spouse’s name, such as a credit card or a car loan. However, if the debt was incurred during the marriage, the courts may look at it as community property. That is especially true if the debt was incurred for things used by the family, like an automobile.

When you divorce, you will need to specify the division of both assets and debts, including those that are in a singular name. Then, if you file for bankruptcy, you know which debts are your responsibility.

My Ex Took the Debt, So I Don’t Have to Pay

When you separate, you may decide for yourself who is taking which debts with them. Often, that will mean taking whatever debt was in your name and writing a check for those that were joint accounts. Or you will get the divorce, make a formal arrangement of who pays what debts and who keeps what assets. However, the divorce settlement is only between you and your ex – it doesn’t actually offer legal protection against creditors.

Your ex agrees to “indemnify” you against debts that he or she assumes in a divorce settlement. What that really means is they agree to pay it. But if they stop paying it, the creditors can still pursue you for the debt. You can take them to court for violating the divorce order, but if they don’t have the money to pay, there’s not much the court can do.

The best thing to do is take steps after your divorce to protect yourself, such as refinancing your debt into your name alone and encouraging your ex to do the same. You may also be able to give up your interest in the debt, such as by signing a quit claim deed for a property.

I Included the Debt in My Bankruptcy after the Divorce, So I Don’t Have to Pay

You may be the one who has to protect your ex from your creditors. When you divide your debts in the divorce, you are also responsible for paying them. Just because you file for bankruptcy in Gilbert and relieve your own obligation to the creditor to pay does not mean that your ex is off the hook. Bankruptcy doesn’t make the debt go away completely – it just makes it go away for you. But you still have your divorce agreement in which you agreed to satisfy the debt and keep your ex from having to pay it, and filing for bankruptcy won’t ensure that.

You will need to encourage your ex to take steps to dissociate from the loan, such as by signing a quit claim deed, refinancing accounts into their name, and so on.

There are a lot of scenarios that can arise concerning debts that you shared with your ex or that you incurred during your marriage. Right after divorce is a time that a lot of people look at bankruptcy because their incomes have been reduced and their living expenses have increased. Make sure you are working closely with a Gilbert bankruptcy attorney and divorce attorney to cover all your bases during this time.

Call Gilbert Bankruptcy Lawyers if you are thinking of filing bankruptcy and are in the middle of a divorce or have recently finished a divorce. We’ll help you understand the steps you need to take to get debt relief and protect yourself against liability. We can counsel you on what steps to take to protect yourself against future debt claims because of your ex. Call us today to schedule a free consultation to learn more about Chapter 7 bankruptcy and Chapter 13 bankruptcy and how they might help you get the debt relief you need.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Bankruptcies and Debt Settlements: Know the Difference

Bankruptcies and Debt Settlements: Know the Difference

Bankruptcies and Debt Settlements: Know the Difference

Credit card debt can get away from the best of us. Once those balances creep up, they become harder and harder to pay down. You start to have higher monthly payments that you can’t meet, and you struggle to make the numbers drop since interest rates tack on so much every month. You may get to a point where simply paying the monthly minimum is no longer a viable solution for managing your debt.

You may start thinking about negotiating a debt settlement with your lenders, or you may be wondering if filing for bankruptcy is right for you. It’s worth taking a look at both to understand which option would likely help you the most:

Man worried seeing his credit card

Debt Settlements

To get a debt settlement, you would contact your credit card company and ask them for the settlement. You would offer an amount to satisfy the debt and close the account. For example, if you owe $15,000, you might make a settlement offer of $12,000. If the lender accepts, you arrange to pay that money, and the account will be closed.

You may have to make a lump payment to satisfy your debt, but if you owe a large amount, your lender may agree to let you make payments. Know that if you default on your payments, the lender can (and likely will) sue you for the entire amount, plus penalties. Also know that your creditor may not agree to a debt settlement if you are able to make a large lump sum amount. If you have $12,000 readily available to pay your $15,000 debt, for example, the bank may think you are more than capable of paying the full amount.

Of course, your creditor may not agree at all to a debt settlement. If you have multiple creditors, they may reject your settlement offer thinking that you can ask another lender to settle, while that bank can collect its full amount. Or, if you have assets like a home or a car, the bank may demand that you liquidate your assets to pay the debt.

Even if the bank does agree to your settlement offer, know that you may still take a hit. You may have to pay taxes on the amount that is forgiven, since it may seen as a benefit or “net income” to you.

Bankruptcy

In many cases, filing for bankruptcy may be the better option to manage your debt. If you qualify for Gilbert Chapter 7 bankruptcy, you can discharge all of your unsecured debt – credit card debt, medical bills, personal loans, and so on – without any negotiation with your creditors. Your Gilbert bankruptcy attorney will submit your bankruptcy filing to the court, which will review it and make the determination. Then you’ll be free of that debt completely, without having to pay any of it.

Chapter 7 bankruptcy also includes provisions for you protecting our assets, depending on their value. You may be able to safeguard your home, vehicle, and other personal assets so that you don’t have to sell any of them to pay your creditors.

If you can’t qualify for Chapter 7 bankruptcy based on your income, you can file for Gilbert Chapter 13 bankruptcy instead. With Chapter 13, your bankruptcy attorney will create a debt repayment plan for you that lasts between three and five years. You will make a single monthly payment to the bankruptcy court that will then be dispersed to your creditors. At the end of the repayment plan, any debt that remains may be discharged by the court.

Bankruptcy offers a lot of advantages over a debt settlement offer, and it may help you be free of your debt much more quickly. It’s worth talking to a bankruptcy attorney about your options if you find yourself struggling with debt.

Gilbert Bankruptcy Lawyers are ready to help. We help individual and business clients get free of their debt through bankruptcy protection. We will review your finances thoroughly and help you determine the best strategy to get maximum debt relief. You can start taking control of your finances and get a second start. Call us in Gilbert today to schedule a free consultation with an experienced bankruptcy attorney and learn about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Avoid These Disastrous Mistakes to Keep Your Social Security Safe

Avoid These Disastrous Mistakes to Keep Your Social Security Safe

Avoid These Disastrous Mistakes To Keep Your Social Security Safe

Your Social Security is owed to you after you have worked and paid into the system. It provides a safeguard so that you have some financial support after you retire or are no longer able to work. You should be able to count on it.

However, if you file for bankruptcy or if you are simply in over your head in debt, your creditors may have a right to seize your assets to satisfy your debts, and your Social Security may be in the crosshairs. Even though federal law exempts your Social Security from being claimed by creditors, there is a chance that this income can get mixed up with your other assets and still get taken. Here are a couple of mistakes you should avoid in order to keep your Social Security safe: 

couple viewing their social security deposit online

Commingling Your Funds

One of the most common reasons that it can be so hard to protect your Social Security funds is that you may not be able to prove which of your funds comes from Social Security. If you are depositing that money into the same bank account where you deposit other income, alimony, unemployment benefits, gifts, or other money, you have no way to show which money is Social Security and which isn’t. You are depositing and spending money from that account, so you can’t just show Social Security deposits as proof. How can you say how much you spent was from your Social Security and how much you spent came from other sources?

The best way to protect your Social Security money is to deposit it into an account designated solely for those funds. Open up a new account, and only put your Social Security money into that account. Then be careful not to open up any lines of credit with that bank. 

Failing to Use Direct Deposit

Set up direct deposit for your Social Security checks. Doing so will ensure that these deposits are protected for up to two months. If you don’t take this step, a creditor can send a Writ of Garnishment to your bank and those funds can be taken. Sure, you can file a Claim of Exemption later, but that process can take a while, and in the meantime, you can lose a lot of money.

When your Social Security is direct deposited into your bank, your bank automatically knows what it is and that it is protected. Any Writ of Garnishment would be denied. Without that direct deposit, the bank only knows where the money is coming from because you tell it – and, again, that process can case you to lose a lot of money. You may eventually get your money back, but it can take weeks or months, and you can spend a lot of time and money in the process. Save yourself a lo of grief and set up the direct deposit to protect your money. 

Social Security benefits are something we all work to get, and you should not fear that your creditors will take that hard-earned money from you because you are having problems with debt. Make sure you take the proper steps to protect this and any other exempt money that you receive, such as veteran’s benefits, military annuities, Social Security Disability Income, student assistance, and more. If you are struggling with debt and are facing Writs of Garnishment, consider talking to a Gilber bankruptcy attorney about long-lasting debt relief. If you have filed for bankruptcy already, talk to your bankruptcy lawyer in Gilbert about steps you can take to protect your exempt income or other assets. 

Call Gilbert Bankruptcy Lawyers if you are struggling with debt and want to put a stop to wage garnishments, harassing phone calls, and other debt collection measures. Our experienced bankruptcy attorneys will carefully review your finances and help you understand whether bankruptcy may be the right choice for you for long-lasting debt relief. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. During a free consultation, we will thoroughly analyze your debts and finances to help you understand how to get maximum debt relief while also meeting your goals, such as keeping your personal property. Call us in Gilbert today to schedule a consultation with one of our experienced bankruptcy attorneys. 

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

A Guide to Managing Your Credit Report after Filing for Bankruptcy

A Guide to Managing Your Credit Report after Filing for Bankruptcy

A Guide to Managing Your Credit Report after Filing for Bankruptcy

Filing for bankruptcy can be one of the best things for dealing with your debt. You could struggle for years to pay off your debt, bit by bit, just chipping away at it like trying to carve a sculpture into a glacier with an icepick. Or you can get a power sander and some dynamic and get the same job done much faster. That’s what bankruptcy is for your debt. You can dismiss your debt completely or get it reorganized under a more affordable payment plan, depending on your circumstances. 

You may be worried that filing for bankruptcy will destroy your credit. While bankruptcy will be a blow to your credit initially, it will not cause as much damage as would continuing to have high debts that you cannot pay. By working with a Gilbert bankruptcy attorney and filing the right chapter of bankruptcy, you give yourself the opportunity to restore your credit and your finances much more quickly. 

The actions you take after filing for bankruptcy also make a difference. Here are a few things you can do to restore your credit after your bankruptcy discharge: 

A Guide to Managing Your Credit Report after Filing for Bankruptcy

Get a Secured Credit Card

It may take awhile for you to get approved for a typical credit card after your bankruptcy. Most credit cards are unsecured, meaning that the company is relying on nothing more than your perceived ability to pay when deciding to lend you money. You aren’t likely to get one of these if you have a history of not paying.

However, there are secured credit cards, which are backed by a cash deposit. The lender allows you to borrow up to the amount you have. If you default on your payments, the lender knows it can seize that deposit and satisfy your debt. You are much more likely to be approved for such a card. Apply for and use your secured credit card regularly to start building a positive credit history.

Pay Everything on Time

There are other things you may continue to pay after your bankruptcy that report to your credit, such as your car insurance, your phone bill, or other utilities. Be sure that you pay all of these bills on time, every month. Over time, your credit score will slowly improve with your consistency. 

You won’t see dramatic improvements with this strategy alone, but when you combine it with other strategies, you will see big gains with time. 

Keep Applications to a Minimum

Every time you apply for new credit, an inquiry shows up on your credit report. The more inquiries you have, whether they resulted in approved applications or not, the more damage will be done to your credit score. The reason is that a lot of inquiries makes it look like you are having money problems and are looking to rely on credit to solve them. 

Keep your applications to a minimum. If you apply a couple of times and are denied, wait a few months before you apply again. Continuing to apply will only damage your credit more. 

Review Your Report Regularly

You need to keep tabs on your credit report to make sure that everything reported there is accurate. You don’t want your score to suffer needlessly because there’s an inaccuracy on your report. 

You can get a free credit report once a year. You should consider paying or a report every three to six months in addition to that. If you spot any errors on your report, file a correction with the credit bureau immediately. 

Rebuilding your credit after a bankruptcy filing will take a bit of time, but it likely won’t take as long as you think. You just need to stick to a budget and follow these steps, and you’ll see your score rebuild slowly. You’ll be free of debt, you’ll have the money to meet your needs, and you’ll soon have a credit score that will allow you to get approved for loans you might need as time goes on, such as to buy a new car or a home. 

Contact Gilbert Bankruptcy Lawyers today to learn more about the different types of bankruptcy and how they might help you get the debt relief you need and start rebuilding your financial future. We represent individuals on both Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we represent businesses who need bankruptcy relief. We’ll help you understand how each of the options might benefit you the best. Call our bankruptcy law office today to schedule a consultation.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Tips about handle your COVID-19 debt

How to Handle Your COVID-19 Debt

How to Handle Your COVID-19 Debt

The COVID-19 pandemic has changed our lives in dramatic ways in a very short period of time. Within weeks after the first stay-at-home orders were issued, millions of people had been laid off from their jobs. Millions more had to take a pay cut, were furloughed, or were temporarily suspended from their jobs. All of that has led to a surge in unemployment claims and calls to bankruptcy attorneys in Gilbert. 

Tips about handle your COVID-19 debt

Many people are now struggling to make ends meet and are using credit cards or taking out loans to get there. Unfortunately, that is going to lead to overwhelming debt later. Instead of relying on credit cards, here are a few things you can do to manage your COVID-19 debt so you don’t come out the other side with a bankruptcy filing: 

Get Whatever Income You Can

You may have been laid off, or you may be in a job that you can’t work until things open back up, but you need an income to live. The first thing you can do is file for unemployment benefits to get whatever income you can coming in as soon as you can. 

In the meantime, apply for all the jobs you can. Consider working jobs you might not otherwise while you are trying to find a better-paying job that you would enjoy. Whatever income you can bring in will help you to pay your bills and minimize your debts. 

Prioritize Your Finances

You may not be able to pay everything you owe right now, but you need to think through the consequences of paying or not paying so you can prioritize your payments and suffer the least amount of long-term consequences. For example, if you don’t pay your Internet bill, you’re just going to have a bad record with that company, but none of your assets are going to be seized, and you aren’t going to hurt your credit score. However, if you don’t pay your credit card bill, you’re going to thrash your credit, and you’re going to wrack up more debt through interest and penalty fees. 

Your rent or mortgage payment should be your top priority each month, followed by your car payment and any other debts secured by your property or assets. Don’t worry about medical debts or non-essential services. 

Defer What You Can

You don’t necessarily have to keep making payments on all your accounts. For example, if you have a student loan, you can easily defer your payments for six months or more just by calling your provider and asking for it. It is quite common to defer student loans, so you shouldn’t have any trouble. The loans cannot be discharged in a Gilbert Chapter 7 bankruptcy , so use whatever option you can to satisfy your debt, even if it means not paying it for a while. 

You may find that other creditors are willing to let you defer or lower payments for a set time also. Reach out to creditors to find out what’s possible. 

Negotiate with Creditors

Don’t be afraid to call your creditors and negotiate a lower payment or a lower interest rate. Your creditors know that if you can’t pay, they won’t end up getting anything, and that will be worse for them ultimately than lowering your payments. 

If your request isn’t approved initially, push to speak to a supervisor. Keep going up as far as you need to on the ladder until you get the results you want. 

File for Bankruptcy

You may already have accumulated debts before the pandemic started, and now that you have suffered a loss of income, your financial problems are compounding. You can get debt relief by filing for bankruptcy in Gilbert. A Chapter 7 bankruptcy filing will discharge all unsecured debts, such as credit card debt. Depending on how much you owe, that could clear up a significant amount of money each month. A Gilbert Chapter 13 bankruptcy filing will reorganize your debts under a monthly payment you can actually afford. 

Do not be intimidated by myths you might have heard about bankruptcy or about the perceived stigma. Bankruptcy is a legal right that can give you enormous debt relief so that you can make ends meet and can move forward financially. Call Gilbert Bankruptcy Lawyers today to talk with a bankruptcy attorney  and learn more about your options. We handle individual and corporate bankruptcy, and we are committed to helping you get the maximum debt relief possible. Contact our Gilbert bankruptcy law office today to talk through your options with an experienced bankruptcy lawyer. 

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Woman Worried about Debt Collector Lawsuits and thinking about Actions to Take with Gilbert Bankruptcy Lawyers

Debt Collector Lawsuits Actions to Take When Youre Being Sued

Debt Collector Lawsuits Actions to Take When Youre Being Sued

Most people never have to go through the process of being sued, so they are shocked and confused about what to do when it happens with one of their creditors. But that’s exactly what can happen when you fall well behind on your debt payments. Your creditors may bring a lawsuit against you in order to get court-ordered relief for what they are owed, including the seizure of your assets or the garnishment of your wages.

You can stop all that by talking to a bankruptcy attorney in Gilbert and seeking relief through a bankruptcy filing. However, it is important that you understand what the process is like when you are sued by your creditors so that you know what steps you might take. Here’s what you can expect: 

Woman Worried about Debt Collector Lawsuits and thinking about Actions to Take with Gilbert Bankruptcy Lawyers

The Initial Complaint

No one can bring a lawsuit against you and you not know it. In order for the lawsuit to move forward, you must be officially notified of the action against you. So, you can expect to be officially served – likely by a sheriff’s deputy or other law enforcement professional – with a summons and complaint with the details of the action being taken. 

In that initial complaint, you will learn the basic aspects of the case, such as when and where it will be heard in court, a deadline for receiving a response from you, and the argument against you (including how much the creditor says you owe). You’ll know who is suing you, for how much, and what you need to do next. 

With the initial complaint, you may also receive some blank forms to fill out. These forms are likely asking for your financial information, such as where you work and where you bank. Some of these are required, but some of these are only optional and just make it easier for the creditor to garnish your wages if it comes to that. You don’t need to do anything to make that easier for them. However, you should talk to an bankrupcty attorney near Gilbert to ensure that you are filling out the right forms and ignoring the right forms. 

The Answer

You have the right to file an answer to the initial complaint from your creditor. There may be a form attached to the complaint that you can fill out, or you may need to draw up the paperwork yourself. You can dispute the charge, dispute how much you owe, or provide other information.

Never file an answer without consulting with an bankruptcy attorney in GIlbert first . You could jeopardize your case by providing information that could incriminate you, or you could undermine your case by filing the paperwork improperly. 

The Judgement

After hearing the case, a court can grant relief to your creditor in the form of seized assets or garnished wages. You may be able to appeal this decision, but chances are good that action will move forward before you get a chance to appeal and to stop anything. 

You can also hire a bankruptcy lawyer and file for bankruptcy, which will put an immediate end to action taken against you. If you file for Chapter 7 bankruptcy in Gilbert, you may get your debt dismissed completely while also ending any asset seizure or wage garnishment. If you file for Chapter 13 bankruptcy, you will have your debt reorganized into an affordable payment plan – including what you owe the suing creditor – but the garnishment or seizure will be put to an end. 

If your creditor sues you over unpaid debt, you can certainly fight the charge. However, if you do owe the money, there’s not much way to argue out of that. You can fight the garnishment or asset seizure by filing for bankruptcy, or you can take proactive action and file for bankruptcy before the creditor ever has the chance to bring suit against you. You may be able to free yourself of the debt and your association with that debtor completely, or you may be able to satisfy the creditor with a reorganized debt-repayment plan. Either way, the bankruptcy will put an automatic stay into effect that will prevent any legal action from being taken against you. 

If you are struggling with debt and are worried about what might come next, call Gilbert Bankruptcy Lawyers to learn more about your options. We’ll help you understand the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy and how each can benefit you. We’ll help you understand the path to maximum debt relief so that you can start rebuilding your finances and leading the life you want – free of debt. Call us in Gilbert today to schedule a consultation with an experienced and committed bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Steps to Take When Your Wages Have Been Garnished

Steps to Take When Your Wages Have Been Garnished

Steps to Take When Your Wages Have Been Garnished

Your creditors have a number of legal options available to them if you do not pay what you owe. One of those options is wage garnishment, which automatically takes money out of your paycheck (your employer would send the money to the creditor instead) or takes money out of your bank account.

If your debt problems get to the point where your wages are being garnished, you should consider talking to a Gilbert bankruptcy attorney about the debt relief possible through bankruptcy. Filing for bankruptcy will put an immediate stop to the wage garnishment and will help you get a better handle on your finances.

Steps to Take When Your Wages Have Been Garnished

There are other steps you can take to deal with wage garnishment other than filing for bankruptcy, but those options won’t deal with the underlying financial problems that have led to the garnishment. It’s important that you better understand the garnishment process before you can understand the best options to take to stop it. Here’s what you need to know:

Judgement

Before a creditor can garnish your wages, they have to file a lawsuit against you and get a ruling in their favor. You will be notified about the lawsuit, and you will likely show up in court for it. This isn’t a process that’s going to happen without your knowledge.

If the court decides that you are responsible for the debt, it may order you to do so on your own, or it may allow for action to be taken, such as property to be seized or wages to be garnished. Again, this is something that you will know has happened. You aren’t going to be taken by surprised when money starts being taken out of your paycheck or your bank account.

Writ of Garnishment

After your creditor receives the judgement in their favor, they must present your bank or employer with an official document known as a Writ of Garnishment. Once the bank receives this document, it will freeze the funds in your account to prepare for paying your creditors. It won’t matter if you have more money in your account than what you owe your creditor.

Know that the bank is likely to freeze the funds in any account in which your name is attached – including accounts you hold with your spouse or accounts you opened on behalf of your children. You may want to make changes to your account ownership if you want to protect those funds that are meant for others.

Claim of Exemption

You may be able to put a stop to your funds being garnished if you file a Claim of Exemption and it is approved. You should file this claim within 10 days of the Writ of Garnishment being issued.

Some part of your wages may be exempt – you need some money to live on, after all. Other finances, such as Social Security disability payments, child support, and so on, may be completely exempt from garnishment. Unfortunately, your bank may not distinguish these sources of income, so you will need to either keep separate accounts for them or seek protection from the courts. You will need to work with an Gilbert Bankruptcy attorney to determine what money is exempt and how to protect it.

File for Bankruptcy

If you are facing a Writ of Garnishment, chances are good that you are struggling with debts and the ability to make ends meet. Filing for bankruptcy can put an immediate end to the wage garnishment while also giving you a way to manage your debt. If you file for Chapter 7 bankruptcy in Gilbert, you can discharge of your unsecured debt, such as credit card debt. If you file for Chapter 13 bankruptcy, you can put your debts under a reorganized repayment plan that lasts three to five years. Either way, you can free yourself of your debt or get it under a repayment plan that you can afford.

If you are struggling with debt, call Gilbert Bankruptcy Lawyers to learn more about your options for debt relief. A Gilbert bankruptcy attorney from our team can help you understand how each of the bankruptcy types can benefit you best. Our goal is to help you get the maximum debt relief possible. Call us in Gilbert today to talk with a bankruptcy attorney about how you can finally get your finances under control and free yourself of debt.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

6 Ways You Can Help Your Credit after Filing for Bankruptcy

6 Ways You Can Help Your Credit after Filing for Bankruptcy

6 Ways You Can Help Your Credit after Filing for Bankruptcy

By the time you decide to file for bankruptcy, your credit has likely been on a downward spiral for some time. Your credit report is probably littered with delinquencies, excessive credit inquiries, and credit accounts that are maxed out. Your score is probably in the toilet.

You may worry that filing for bankruptcy will make your credit even worse. While it’s true that bankruptcy is a black mark on your credit report, it can also help your credit score by getting rid of those maxed-out accounts. Plus, you can take steps after you file for bankruptcy in Gilbert to get your finances back on track fast. Here are six things you can do to help your credit after filing for bankruptcy in Gilbert:

6 Ways You Can Help Your Credit after Filing for Bankruptcy

1. Identify the Source of the Problem

Before you can figure out how to fix your credit, you need to figure out how it got ruined in the first place. Did you truly get off track because you lost your job? Then you need to create a significant savings fund to tide you over in case of a future emergency. Or did you get a little too spendy with your credit cards? Now you can put yourself on a strict budget and stick to it.

Be honest with yourself to identify the source of your problem so you can implement a solution.

2. Set a Budget

Whether you got into trouble with debt because of spendthrift habits or because of circumstances that you couldn’t control, you definitely need to be strict about your budget after bankruptcy if you want to rebuild your credit. Any late payment will be further evidence of you being a credit risk.

Make an honest assessment of your income and your expenses, and create a modest spending plan. Be sure to leave a little room for savings, in case you end up with unexpected expenses one month.

3. Pay Everything on Time

Creating a history of on-time payments is one of the best and easiest ways for you to rebuild your credit after a bankruptcy. You are showing that you are responsible with your money and that you are meeting your obligations.

Make sure that you pay everything on time. Pay your bills a bit ahead of time if you must. Just make sure the money gets there on time, every time.

4. Take Out a Small Line of Credit

You can start getting credit a few months after you file for bankruptcy in Gilbert, depending on how good you are with your finances. You should stick to credit cards like gas or retail cards that have a limit of a few hundred dollars. Charge a little on it each month and pay it off each month.

5. Keep Your Credit Inquiries Low

You may not get accepted for lines of credit when you first start applying. Don’t keep applying! Give it a little time before you apply again. Having too many credit inquiries in too short a time can also bring down your score. Spread out your inquiries to protect your score.

6. Don’t Overspend

Filing for bankruptcy frees up a lot of money in your budget by discharging your debt or helping you pay down your debt. You may feel invigorated by the excess cash in your budget, and you may feel motivated to spend. Resist that urge.

Keep your spending under control to keep your finances on track and to help your credit improve. Otherwise, you’ll be looking at another setback.

Bankruptcy can significantly help your finances by offering you relief from overwhelming debt. Bankruptcy may be a black mark on your credit, but if you use it properly and implement the right strategy after your discharge, you can quickly rebuild your credit. In fact, you can restore your credit faster than you would if you tried to just pay off the debt yourself.

Call Gilbert Bankruptcy Lawyers to learn how bankruptcy might help you to reclaim your life. Bankruptcy can give you debt relief that allows you to take control of your finances again, so that you can breathe a sigh of relief and start making your money work for you. Call us in Gilbert to talk with a bankruptcy attorney about your options. We help clients with Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we represent both individual and business clients.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

The Types of Debt You Can Discharge with Bankruptcy

The Types of Debt You Can Discharge with Bankruptcy

The Types of Debt You Can Discharge with Bankruptcy

Who wouldn’t want to be told that their debt can just go away? That what they owe has been forgiven, just like that? That’s what bankruptcy can offer for some. It can relieve you of your responsibility to pay those debts that you cannot pay, and it can make your creditors stop harassing you finally.
But bankruptcy can’t always discharge all the debts you owe. You need to talk to a Gilbert bankruptcy lawyer to understand how bankruptcy will benefit you, specifically, and what your rights and responsibilities are.

The Types of Debt You Can Discharge with Bankruptcy

Debts that Can be Discharged under Chapter 7

Chapter 7 bankruptcy is the type of bankruptcy that people often have in mind when they think of bankruptcy. It is the “total liquidation” bankruptcy that discharges your debts when the filing is closed. Debts that can be discharged under a Chapter 7 bankruptcy include:

  • Credit card debt
  • Medical bills
  • Personal loans, including those from banks and from family and friends
  • Any other debts that are not backed by personal property

There is no limit on the amount of debt that can be discharged under Chapter 7 bankruptcy. So, if you have $100,000 in credit card debt, you can discharge $100,000.

Debts that Cannot be Discharged under Chapter 7

Unfortunately, Chapter 7 bankruptcy cannot discharge all of your debts, even if they are unsecured debts (not backed by property). Specifically, Chapter 7 bankruptcy will not discharge:

  • Tax debts
  • Any fines or penalties levied by the government (local, state, or federal)
  • Unpaid child support
  • Unpaid alimony
  • Student loans
  • Damages to personal property
  • Money you owe for another’s injuries

You cannot get around paying the government, or anything that the government orders you to pay (such as criminal restitution or child support). There are some instances in which you can get your student loans discharged, but those instances are so uncommon that it is better to just move forward under the assumption that you will be paying back your student loans. Depending on your employment type and your degree, you may be able to get your student loans forgiven under certain programs.

Discharging Debts under Chapter 13

The rules are different for Chapter 13 bankruptcy. Instead of discharging your debt, this type of bankruptcy puts you on a debt repayment plan that you can actually afford. The bankruptcy court looks at what you owe, compares that to what you earn, and determines a monthly payment that won’t cause you financial distress.

Though the goal of a Chapter 13 bankruptcy is to get you to pay back what you owe, that may not be possible while also keeping you on an affordable monthly payment. Therefore, you may have some debt left over at the end of your repayment plan, and that debt may then be discharged. Those debts will be considered on a case-by-case basis. Your bankruptcy lawyer can give you a better idea of what to expect at the end of your Chapter 13 bankruptcy and what debts may be discharged.

Filing for bankruptcy can help you gain control of your finances by relieving you of your debt burden. Which type of bankruptcy will give you the most benefits depends on what type of debts you owe. If you have a lot of unsecured debts, a Chapter 7 bankruptcy filing will likely be the best choice for you. If you have a lot of debts that cannot be discharged, you should consider a Gilbert Chapter 13 bankruptcy filing to get your debts reorganized into a more affordable payment plan.

Call Gilbert Bankruptcy Lawyers if you are struggling with debt and are considering bankruptcy. A bankruptcy attorney from our team can help you better understand the ins and outs of Chapter 7 and Chapter 13 bankruptcy so you can determine which would be best for your financial circumstances. Our goal is to help you get the maximum debt relief possible so that you can start building a better financial future. Call our Gilbert bankruptcy law office today to schedule a consultation with an experienced bankruptcy attorney. We work with individuals and businesses who are interested in bankruptcy protection, and we handle all types of bankruptcy filings.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

How to Know When it’s Time to File for Bankruptcy

How to Know When it’s Time to File for Bankruptcy

How to Know When it’s Time to File for Bankruptcy

A lot of people try to avoid filing for bankruptcy by any means necessary. They think that others will think poorly of them for filing for bankruptcy, and they think that they’ll destroy their credit, as well. But while they put off filing for bankruptcy, their debts continue to mount, along with accrued interest and penalties, and their financial problems get worse – and their options diminish.

The decision to file for bankruptcy is a personal one, and there is no singular answer to help you know that you should file or to know when to file. Here are a few things you should think about – and discuss with a bankruptcy attorney serving Gilbert:

How to Know When it’s Time to File for Bankruptcy

How Much Do You Owe?

How much you owe will have a big impact on your decision to file for bankruptcy. Obviously, $100,000 in debt will seem a lot more desperate than $10,000 in debt. However, even $10,000 in debt can be completely overwhelming for some people.

You need to take an honest accounting of all the debt you owe, and you need to note the interest rate for each (which will determine how quickly your debt grows). Once you have a good understanding of what you’re up against, you can determine if you have the ability to pay or if you need to consider bankruptcy.

What Options Do You Have to Pay?

You need to look beyond your income to determine if you can pay off your debt on your own. Start by determining if you can increase your income. Can you ask your boss for a raise? Can you get a second job? Can you rent out a room in your home? Can you start a side business, like freelancing?

If you can’t increase your income, you’ll need to think of ways to reduce your expenses. Can you downsize your home? Can you cut out expenses, such as turning off services, canceling your gym membership, or cutting back on mindless spending?

Your last option is to consider selling things. Do you have an extra vehicle you could sell? Is it a good time to sell your house? Do you have belongings that you could do without?

You need to find as much money in your budget as you can. The more you can come up with to pay your debts, the faster you’ll be able to pay them off or get them to a more manageable level.

What are the Stakes?

If you have fallen behind on your payments or racked up a lot of debt, you are certainly facing consequences. At a minimum, you’ll be looking at paying a lot in fines and interest. Those late fees add up fast, making your debt problem much worse. If you have multiple delinquent accounts, those fines and interest will have even more devastating effect.

However, if your debt problems are worse, you may be facing bigger stakes: Your car might be ready to be repossessed or the bank may have begun foreclosure proceedings against your home. If you are facing severe repercussions, bankruptcy may be the only choice you have left – assuming you act fast enough.

Meet with a bankruptcy attorney in Gilbert to learn about your options for debt relief. The attorney will walk through these and other considerations with you to help you determine if bankruptcy is the right choice for you. In most cases, you will experience far more benefits with bankruptcy – and more quickly – than if you tried to pay off the debts on your own or to negotiate with your creditors. Bankruptcy allows you to discharge your debt or to put it on an affordable payment plan, making instantaneous and positive changes in your life.

Gilbert Bankruptcy Lawyer is ready to help you learn how bankruptcy can help you put an end to your debt problems and create a stronger financial future. Our bankruptcy law office helps individuals and businesses seeking bankruptcy protection, including both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We’ll help you understand the best strategy for getting the maximum debt relief through bankruptcy protection. Contact us in Gilbert today to speak with a bankruptcy attorney about your options for debt relief.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

How Foreclosures and Chapter 13 Bankruptcy Go Hand in Hand

How Foreclosures and Chapter 13 Bankruptcy Go Hand in Hand

How Foreclosures and Chapter 13 Bankruptcy Go Hand in Hand

Typically, people pay their mortgage before anything else. They might let their credit card or other bills fall behind, but they pay for their house. That makes sense – after all, your house is your most important investment, and it provides essential shelter.

However, when your financial situation gets really bad, eventually, you stop paying the mortgage also. Or maybe you don’t intend to stop paying it; you just fall behind. You want to catch up, but you just can’t do it because the money’s just not there.

Instead of giving up to the idea that your house will be foreclosed, you need to hire a Gilbert bankruptcy attorney.

How Foreclosures and Chapter 13 Bankruptcy Go Hand in Hand

Automatic Stay

The first step toward savings your house from foreclosure through a bankruptcy filing is the automatic stay. When the bank has decided to move forward with foreclosure proceedings, you may feel like you don’t have any options. In fact, you may have tried to call the bank to work out an arrangement and were denied.

When you file for bankruptcy, an automatic stay is issued that puts an immediate stop to all debt collection action, including foreclosure. So long as your bankruptcy case is active, the bank cannot move forward with foreclosing on your home.

Debt Reorganization Plan

The second part of a Chapter 13 bankruptcy filing is to create a debt reorganization plan that is actually affordable for you. The bankruptcy court will look at your income, your personal expenses, and your debt, and it will create a repayment plan that lasts three to five years. You will have a monthly payment that is considered affordable for your budget.

Any back payments you owe to your mortgage lender will be included in that repayment plan. You will be paying your regular mortgage each month, plus a little bit extra through your bankruptcy repayment plan.
Hiring a bankruptcy attorney in Gilbert is a smarter choice than trying to negotiate with the bank directly. Typically, the bank will deny your request. If it agrees, it will typically want you to pay off what you owe much more quickly than the bankruptcy repayment plan allows.

Discharging Debt

You might think that you have to pay everything you owe on your home since your debt is backed by the value of your home. In other words, if you don’t pay, the bank has the right to sell the property to cover what you owe. That’s how you got into foreclosure trouble in the first place.

However, that’s not always true. The bankruptcy court will determine what you can afford to pay. If you haven’t paid off your full debt at the end of the repayment plan designed for you, the debt may be discharged. The debt could be for principal on the property, or it may be for the interest and penalties that the bank charged you. Either way, you get free of the debt you can’t afford to pay, and you get back to a budget that actually fits your income.

Filing for Chapter 13 bankruptcy in Gilbert is a smart strategy for dealing with foreclosure proceedings against your home. You can use it if you are worried about foreclosure action being taken, or you can use it to put an end to current proceedings. Chapter 7 bankruptcy will not stop foreclosure proceedings. However, it could help you avoid foreclosure by discharging debts and freeing up money for you to pay your mortgage so you don’t fall behind (or to pay what you already have fallen behind). Talk to a bankruptcy attorney near Gilbert about the best strategy for your financial circumstances.

Call Gilbert Bankruptcy Lawyer to learn about your options for debt relief through bankruptcy. Talk with a bankruptcy attorney about Chapter 7 bankruptcy and Chapter 13 bankruptcy to learn what benefits each has to offer and how they might help you meet your particular goals. A bankruptcy lawyer will review your financial circumstances and make tailored recommendations to get maximum debt relief and protection. We serve clients in Gilbert and the surrounding areas, including both individuals and businesses interested in bankruptcy. Call us in Gilbert today to talk with a bankruptcy attorney about your options for debt relief.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Creditor Harassment: Can Filing for Bankruptcy Help?

Creditor Harassment: Can Filing for Bankruptcy Help? 

Creditor Harassment: Can Filing for Bankruptcy Help?

Once you are even a few days late with a payment to a creditor, you are going to start getting phone calls and emails reminding you to pay. You may get daily calls – or you may even be called several times a day (particularly if you don’t answer the phone). The longer the debt is past due, the more frequently you will be contacted, and the more aggressive the creditors will be.

Filing for bankruptcy can put an immediate end to creditor harassment. Here’s how:

Creditor Harassment: Can Filing for Bankruptcy Help?

The Automatic Stay

As soon as you file for bankruptcy, whether it’s Chapter 7 bankruptcy or Chapter 13 bankruptcy, an automatic stay goes into effect. The automatic stay puts a stop to any collection efforts while your bankruptcy is being processed. That means that creditors cannot call or email about your debt, nor can they send you anything in the mail. They also cannot continue with any legal action, including a lawsuit, foreclosure, eviction, or repossession.

You should not face any harassment from creditors after you file, nor should you be contacted by them at all.

Length of the Automatic Stay

The automatic stay remains in effect until the bankruptcy is resolved, whether it is rejected or finalized. Typically, a Chapter 7 bankruptcy will take a few months to resolve, and a Chapter 13 bankruptcy will take three to five years, or the length of the repayment plan.

Creditors cannot continue to try to collect on a debt after the bankruptcy is finalized if the debt was discharged. Creditors with a secured debt, like mortgage lenders, will continue to collect on what you owe after your bankruptcy is resolved.

Notice of the Automatic Stay

You do not need to do anything after you file for bankruptcy to let your creditors know that an automatic stay has gone into effect. The bankruptcy court will notify all of your debtors that you have filed for bankruptcy, so you don’t need to do anything at all.

If you are contacted by any of your creditors during the first few days after filing, it’s possible that they just didn’t get the notice or they haven’t updated their call records. Just let the creditor know that you have filed for bankruptcy and refer them to your bankruptcy attorney. If you continue to be contacted by creditors, let your Gilbert bankruptcy attorney know. You can take action against these creditors.

Limitations to the Automatic Stay

There are some exceptions to the automatic stay. The stay cannot put a stop to child support payments (or collection on back child support), alimony, or anything involving a criminal prosecution. Other creditors may petition the bankruptcy court to be exempt from the automatic stay. Creditors must show that the stay interferes with their interest in the property.

Your Gilbert bankruptcy attorney can help you understand a creditor’s case if they file for an exception. Your attorney can also argue for your interests and help to block the exception, depending on the circumstances.

Consult with a bankruptcy attorney in Gilbert to learn more about how bankruptcy will help you get debt relief and how the automatic stay can help you get relief from creditor harassment. Your lawyer will help you know what actions creditors cannot engage in and what you should do if creditors violate these rules. Your attorney is your advocate and your guide through the bankruptcy process, and they can answer all your questions about creditor behavior or other aspects of bankruptcy, as well as help you know what actions to take if you are the victim of harassment.

Gilbert Bankruptcy Lawyers are ready to help you get the debt relief you need through bankruptcy. We will review your finances and help you understand the benefits you can get from either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Or, if you own a business, we can help you understand your options for business bankruptcy. Our goal is to help you be free of as much debt as possible so that you can start rebuilding your finances and your life quickly. Call our bankruptcy law office in Gilbert today to meet with a bankruptcy lawyer and to review your debt relief options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Illegal Debt Collection Practices Your Bankruptcy Lawyer Can Help With

Illegal Debt Collection Practices Your Bankruptcy Lawyer Can Help With

Filing for bankruptcy can put an end to a lot of debt collection tactics that can cause you a lot of grief. As soon as you file for bankruptcy, an automatic stay is issued that puts an end to all debt collection practices. That will let you take a sigh of relief, and you can focus on moving forward and dealing with your debt once and for all.

Illegal Debt Collection Practices Your Bankruptcy Lawyer Can Help With

Despite the automatic stay, and even despite a final bankruptcy discharge, some creditors will still illegally pursue you. If that happens, your Gilbert bankruptcy attorney can deal with those creditors or even help you take action against them. Here are just some of the illegal debt collection practices that your bankruptcy lawyer can help with:

Calling at Unreasonable Hours

Not only should creditors not be calling you at all after you have discharged your bankruptcy (or just filed for it), but they should not be calling at unreasonable hours. The Fair Debt Collection Practices Act prohibits creditors from calling you at unreasonable hours, such as very early in the morning or very late at night.

If you are getting these calls, talk to a bankruptcy lawyer serving Gilbert about how to make them stop and about what other steps you can take.

Harassing Phone Calls

Creditors may do more than call you at bad hours. They may also call you over and over again, or they may say rude or aggressive things when they call. It is illegal for creditors to do any of these things. They cannot harass you by calling you constantly or by being aggressive.

If creditors harass you like this, you should notify them that you know your rights and that you intend to report them. Then you should work with an attorney to put an end to the calls.

Threats

Creditors are not allowed to threaten you. They can’t threaten to send someone to your house, to take your belongings, to tell your friends about your debt, to send you to jail, or anything else. They can notify you about the legal action they can take, but they cannot threaten you with the intention to bully or intimidate you.

The automatic stay that goes into effect when you file for bankruptcy should put an end to any contact from creditors. If it continues, or if creditors threaten you at any time, call an bankruptcy attorney in Gilbert and learn how you can take action against the offending creditors.

Sharing Information about Your Debt with Others

Your creditors are not allowed to share information about your debt with others. Creditors are not allowed to call your workplace, for example, and tell your boss or your co-workers that you owe money or that they are trying to contact you to collect on a debt. Nor are they allowed to threaten to do so.

If you find out that your creditors have been talking to your family, friends, co-workers or others about you or your debt, contact an attorney. This is illegal.

Trying to Collect on Discharged Debts

Once your bankruptcy is discharged, your debts are discharged with it. Creditors can no longer try to collect on those debts. The only time you will continue to pay on your debt after bankruptcy is if you filed for Chapter 13 bankruptcy and you have a secured debt, such as a mortgage or an auto loan. Other unsecured debts will be discharged with the bankruptcy.

If a creditor is continuing to collect on a debt that has been discharged in bankruptcy, they are doing so illegally. Contact your bankruptcy attorney right away to pursue your legal options for putting an end to this behavior.

Creditors do not have the right to act however they like when trying to collect a debt. Bankruptcy law has particular guidelines for how creditors can behave after you have filed for bankruptcy and after the bankruptcy has been discharged. If you believe that creditors are violating these rules, talk to your bankruptcy lawyer about it and about what you can do about it.

Gilbert Bankruptcy Lawyers are committed to protecting your legal rights while also helping you get the maximum debt relief possible through bankruptcy law. We guide our clients through the bankruptcy process, giving them thorough information so that they understand all of their rights and options. We can help you file for bankruptcy, usher the case through the legal process as quickly as possible, and then protect you from creditor harassment. Call us in Gilbert today to learn more about how bankruptcy may be able to help you.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Emergency Bankruptcy Filings: What are They and Can They Help?

Emergency Bankruptcy Filings: What are They and Can They Help?

Emergency Bankruptcy Filings: What are They and Can They Help?

Filing for bankruptcy can help you get out from under debt that is weighing you down. With bankruptcy, you can either free yourself of having to pay those debts, or you can get yourself on a repayment plan that actually fits your finances and allows you to take care of your needs.

But before you can file for bankruptcy, you have to meet many criteria. You have to put together a lot of paperwork, and you have to complete a credit counseling course, among other requirements. Even with a great Gilbert bankruptcy attorney on your side, the process can take longer than you would like.

An emergency bankruptcy filing may help you get the debt relief you need much faster.

Emergency Bankruptcy Filings: What are They and Can They Help?

Reasons for an Emergency Bankruptcy Filing

There are a lot of reasons why you might want to put together an emergency bankruptcy filing, rather than following the typical route. Here are some of the most common reasons that people opt for an emergency bankruptcy filing:

To avoid foreclosure. You might not have a lot of time until the bank is ready to foreclose on your home. An emergency bankruptcy filing may give you the time you need to put together a payment plan to save your home from foreclosure.

To avoid repossession. The same may be true for the repossession of your automobile. You may be on the verge of losing it because you have fallen behind on payments. An emergency bankruptcy filing may put a stop to that action and let you get caught up on your payments.

To stop eviction. You may not own your home, but you may be at risk of losing it because you have fallen behind on rent payments and are about to be evicted. Filing for bankruptcy can put a stop to that action, and an emergency filing can help you do that quickly.

To stop a creditor lawsuit. Filing for bankruptcy enacts an automatic stay, which puts an immediate stop to any creditor actions. If you know that creditors are about to take drastic action against you, such as a lawsuit, an emergency bankruptcy petition can preempt that quickly.

If you are facing another situation that you think needs fast action, talk to a bankruptcy lawyer serving Gilbert about whether an emergency bankruptcy filing might be the best choice.

What’s Required for an Emergency Bankruptcy Filing?

Typically, when you file for bankruptcy, you have to put together numerous forms and reports that itemize your finances, including your income, debts, and assets. You also have to complete a credit counseling course and provide evidence of having done so.

An emergency filing is more “bare bones.” It provides the essentials, so it is easier to put together, helping you to streamline the process. An emergency bankruptcy filing requires identifying information, the chapter of bankruptcy you want to file, the names and addresses of all creditors you owe, and a certificate showing completion of a credit counseling course. If you are in a big hurry to get the bankruptcy filed, you may be able to be exempted from having the credit counseling course completed at this stage. Talk to a Gilbert bankruptcy attorney to find out how to qualify for such an exemption.

You will provide the additional information to the bankruptcy court after that initial emergency filing. The emergency filing just allows you to speed up the process – not to avoid requirements of the bankruptcy process.

An emergency bankruptcy filing may not only help you get the debt relief you need, but may also help you address an emerging threat quickly. If you feel that you need to file a bankruptcy quickly, talk to a bankruptcy attorney in Gilbert about whether you qualify for an emergency filing.

Gilbert Bankruptcy Lawyers can help you prepare an emergency bankruptcy filing in Gilbert and the surrounding area. Even if you don’t want to file an emergency order, or you just don’t qualify, we can help you put together a traditional bankruptcy filing and see it through the court process as quickly as possible. Our goal is to help you get the maximum debt relief possible, as quickly as possible. We help both individuals and businesses. Call us in Gilbert today to schedule a consultation with an experienced Gilbert bankruptcy attorney.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

5 Precautions to Take before Filing for Bankruptcy

5 Precautions to Take before Filing for Bankruptcy

After you file for bankruptcy, the courts look at your income, your debts, and your assets to determine if you have the ability to pay what you owe. However, the courts look beyond just your current circumstances – they also look at the months leading up to your filing to make sure there is no evidence of impropriety. Bankruptcy is designed to help those who cannot pay their debt – it is not designed as a way to spend a lot of money and avoid responsibility.

If you are thinking of filing for bankruptcy, you need to talk with a local Gilbert bankruptcy attorney, and you need to take these precautions leading up to your filing:

5 Precautions to Take before Filing for Bankruptcy

Don’t Take on New Debt

You may putting all the money you have into paying your debts. If something else comes up, you may have to take out a new credit card or loan to pay for it. Or you may try to pay down some of your debt by taking out a loan and having just one payment.

The problem with these things is that the bankruptcy court might interpret any new debt as an attempt to commit bankruptcy fraud. It might think that you took out new debt with the intention of just filing for bankruptcy and not paying for the debt. Therefore, you should avoid taking out any new debt within 12 weeks of filing for bankruptcy.

Don’t Use Retirement Funds to Pay Expenses

Instead of taking out a loan or other credit, you may decide to take money out of your retirement account to pay off some debts or to pay for your living expenses. This might seem like a better alternative to taking out more debt, but it is really only creating another problem. You’ll be using money that you need to live later in life, and you’ll be paying more in taxes and penalties on top of that.

Leave your retirement money where it is and talk to a bankruptcy attorney near Gilbert. Filing for bankruptcy can put an end to your debt problems so that you have the money for your living expenses without draining your retirement account and creating more problems for yourself.

Don’t Move or Transfer Assets

You might be worried that filing for bankruptcy will mean that certain assets are seized, like your house, car, or savings. So, in order to protect them, you might move them out of your name or give them to someone else. The courts are likely to see these actions as an attempt to commit bankruptcy fraud.

If you are worried about how bankruptcy will affect your assets, talk to a bankruptcy attorney. Some assets are exempted from the bankruptcy, depending on their value. You can also protect assets by filing for Chapter 13 bankruptcy in Gilbert, which is a debt reorganization plan rather than a liquidation.

Pay Your Income Taxes

You must be current on your income taxes to be allowed to file for bankruptcy. You may owe back taxes, but you should have an approved plan with the IRS to pay it back. Filing for bankruptcy will not relieve you of your obligation to pay those taxes. You cannot discharge taxes in bankruptcy.

If you owe taxes and want to file for bankruptcy, talk to a Gilbert bankruptcy attorney about your options. Your attorney can help you work out a plan to get where you need to be to file for bankruptcy so that you can get debt relief and start rebuilding your finances.

Provide Accurate Information

You will be asked to provide a full accounting of your finances, including all your income, all your assets, and all your debts when you file for bankruptcy. You cannot leave anything out because you think that it’s not relevant to the bankruptcy case.

If any inaccuracies are found in your bankruptcy filing, you could be charged with fraud and you could face fines and penalties. Work closely with a bankruptcy attorney to put together your petition so that there are no mistakes or inaccuracies.
Filing for bankruptcy can provide you tremendous debt relief so that you can start rebuilding your life and gaining control of your finances. But if you make any of these mistakes, you can derail your filing and maybe even create more problems for yourself. Work with an experienced Gilbert bankruptcy attorney to put together a strong bankruptcy filing so that you can be free of your debt quickly.

Gilbert Bankruptcy Lawyers help both individuals and businesses get the maximum debt relief possible under bankruptcy law. We handle both Chapter 7 bankruptcy and Chapter 13 bankruptcy for individuals, as well as business bankruptcy options. Call us in Gilbert today to schedule a consultation with a bankruptcy lawyer and learn how bankruptcy can help you.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Negative Affects of Debt on Your Health and How a Bankruptcy Lawyer in Gilbert Can Help

Negative Affects of Debt on Your Health and How a Bankruptcy Lawyer in Gilbert Can Help

Talks about debt usually focus on the financial aspects of it – how much you owe, how much you can pay, the negative impact on your credit, the strain it puts on your finances, and so on. But debt can impact many other areas of your life. In particular, debt can affect your mental health, which can then affect your physical health.
It’s important that you find ways to manage your debt to not only protect your finances, but also your family’s health (and your own). Talk to a Gilbert bankruptcy attorney to learn about your options for debt relief. In the meantime, keep in mind these potential negative impacts of debt on your health:

How to Meet Your Debt Head On and Steer Clear of a Bankruptcy

Anxiety

Debt can cause you to become anxious. You may worry all the time about how you are going to pay your bills – not just bills for the debts you owe, but also bills for your necessities since all your money seems to be going to demanding creditors. As your debt grows, so your anxiety may grow. You may worry about whether you’ll be able to pay what you need, and you may worried that your car or other possessions will be taken.

Chronic anxiety is related to a number of health problems, including digestive and heart issues. It can also disrupt your sleep, which can compound health problems.

Stress

Stress and anxiety are closely linked. Often, stress is the precursor to anxiety. Most people feel stressed about their debt, since they feel intense pressure to pay it off while also meeting their other needs. Stress is compounded when you are getting calls from creditors and being pressured by them.

Stress causes an array of responses in your body, including the release of hormones like cortisol and adrenaline. Regular exposure to these hormones can cause negative health outcomes over time.

Depression

Chronic anxiety and stress can cause you to become depressed. You may lose the urge to fight and to try to manage your debt. You may become overwhelmed and give in to despair or to hopelessness.

The thing about depression is that it’s not isolated. You aren’t just going to feel depressed when you think about your debt – you are going to feel a general sense of depression about your life. You may start to feel like a failure, and you may experience symptoms like fatigue, headaches, insomnia, digestive distress, and more. Depression can impact many different areas of your life, and if left untreated, it can have a serious impact on your health.

Don’t take these symptoms for granted. You may feel that anxiety, stress, and depression are just a part of dealing with life’s hardships, but here is help for them. You should seek counseling from a mental health professional to manage these tough times while you are grappling with financial problems. Then you should talk to a financial counselor to learn about your options for getting your debt under control. You may qualify for some debt consolidation options, or you may be able to make tweaks to your budget that help you pay down your debt.

You should also talk to a bankruptcy attorney serving Gilbert about your options through bankruptcy. In many cases, bankruptcy can provide near immediate relief. If you file for Chapter 7 bankruptcy,, you may have all of your unsecured debts, like credit cards and medical bills, discharged in just a couple of months. If you file for Chapter 13 bankruptcy in Gilbert, you will be put on a debt repayment plan that you can actually afford, helping you to have greater peace of mind. With Chapter 13 bankruptcy, you also know that you’ll be done with your debt when the repayment plan is over in three to five years, putting an end to your worries about what may happen.

Call Gilbert Bankruptcy Lawyers if you are struggling with debt and it is impacting your mental or physical health. Our bankruptcy lawyers can help you get debt relief quickly. We’ll review your finances and your goals with you and make tailored recommendations to get the best outcome for your personal circumstances. Our end goal is to help you get the maximum debt relief possible as quickly as possible. Call us in Gilbert today to schedule a consultation with a bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

How to Meet Your Debt Head On and Steer Clear of a Bankruptcy

How to Meet Your Debt Head On and Steer Clear of a Bankruptcy

How to Meet Your Debt Head On and Steer Clear of a Bankruptcy

If you are struggling with debt, you may be thinking about bankruptcy. But you may worry what people will think if they know you filed for bankruptcy, or you may worry about what bankruptcy will do to your credit. So, you may be looking at alternatives to bankruptcy and trying to figure out how you can pay your debt off on your own.

To start, you need to get honest with yourself about your debts and your ability to pay, and then you need to create an actionable plan for paying down that debt. While you are assessing your options, you should also meet with a bankruptcy attorney in Gilbert to make sure you know the facts about bankruptcy and have a proper understanding of how it can help you. You need all the tools at your disposal for managing your debt.

Here’s how you can meet your debt head on if you want to try to steer clear of a bankruptcy in Gilbert:

How to Meet Your Debt Head On and Steer Clear of a Bankruptcy

Assess Your Debt

By the time that bankruptcy enters your mind, you probably have a significant amount of debt, and you probably have fallen behind on payments. You may not know all the accounts you have, since many may have fallen into delinquency. Or you may not realize how much you owe, since you may have stopped looking at the penalties that have racked up.

You can’t keep burying your head in the sand when it comes to your debt. You need to assess your debt by creating a comprehensive list of what you owe. List accounts, balances, interest rates, and expiration dates, if any, such as for promotional periods. You will need all this information to develop a plan to move forward.

Review Your Budget

Now that you know what you owe, figure out what you can pay. Make a comprehensive budget that includes all the necessities, such as your rent or mortgage payment, car payment, grocery bill, and child care. Then make a list of the things you pay that you may be able to cut, such as online streaming subscriptions or gym memberships.

You need to know everything that you spend money on each month, and you need to know which of those expenses are necessary and which are dispensable. Keep in mind that if you have to cut a service, it may be only temporary. You can always restart the service once your debt is more under control.

Look for Ways to Increase Payments

The next step is to figure out how you can increase payments so that you can reduce your debt. Can you increase your income by working extra hours or by taking on a second job? Again, this doesn’t have to be forever. You can do this for a few months to help you get a greater handle on your finances. Can you lower the amount you pay on other things? For example, you might find ways to save on groceries, or you might refinance your car loan to get a lower monthly payment.

Look for every way that you can get more out of your budget so that you can pay more toward your debts. Every day you maintain a balance on the account, you are accruing interest and your debt is getting bigger. The more you pay, the faster that debt will go away.

Decide On a Repayment Method

Do you want to pay off the accounts that have the lowest balance first? Or do you want to focus on those that have the lowest interest rates? You may have accounts that are ready to go into collections or even repossession, and you may need to focus on those first.

You need a repayment plan so that you know how to focus your financial resources each month. With a plan, you can also better track your successes and feel a sense of accomplishment so that you can stay on track to meet your goals.

Going through these steps will give you a realistic understanding of your debts and your ability to pay so that you can either develop an actionable plan to get out of it or you can come to the realization that bankruptcy is the best choice to deal with your debt. In many cases, bankruptcy will give you the fastest route to becoming debt free. If you file for Chapter 7 bankruptcy, your unsecured debt could be completely discharged in as little as a few months. If you file for Chapter 13 bankruptcy in Gilbert, you could get on an affordable repayment plan that would be finished in just three to five years.

Call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy can give you the debt relief you need. You don’t need to toil away for years struggling to pay debts that you can’t afford. You can get relief now and begin the work of rebuilding your finances. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Debt Consolidation: Can it Help You Avoid a Gilbert Bankruptcy?

Debt Consolidation: Can It Help You Avoid a Gilbert Bankruptcy?

Debt Consolidation: Can It Help You Avoid a Gilbert Bankruptcy?

We all get a little too much debt at one time or another. But sometimes, the debt gets away from us and we have more than we can handle. If that happens to you, you might be finding it hard to pay your bills. Or you might be able to pay every month, but you feel like you aren’t making a dent in your debt and you don’t have money left over for anything else.

Debt consolidation is an option to help you get a handle on your finances. With it, you would get a loan or have your debt be assumed by a program, and you would pay a single payment to one debtor. Bankruptcy is also available to free you from debt, though many people try to avoid bankruptcy because of the stigma that is sometimes attached it. Many people try to use debt consolidation instead. But is it really more effective? Can debt consolidation help you avoid a Gilbert bankruptcy? Here’s what you need to consider:

Debt Consolidation: Can it Help You Avoid a Gilbert Bankruptcy?

What Kind of Debt Do You Have?

Your options for managing your debt depend on what kind of debt you have. For example, if you have credit cards, you may be paying interest rates of up to 30 percent. You can consolidate those debts into a loan that has a lower interest rate and save money. Or you could file for Chapter 7 bankruptcy in Gilbert and get all of that debt discharged and pay nothing on it.

If you have secured debt that is burdening you, you have fewer options. That would include things like your mortgage or car payment. You may be able to get a loan large enough to consolidate the debt, but that’s unlikely if you are already struggling. Your credit is likely to be hurt. You can file for Chapter 13 bankruptcy and consolidate your debt under its three- to five-year repayment plan. You can include missed payments on those secured debts in the plan.

How Much Debt Do You Have?

Whether you can consolidate your debt or need to file for bankruptcy may depend on how much debt you have. Say you have $50,000 in credit card debt. Chances are very slim that you’re going to get a loan for $50,000 to pay off that debt and consolidate your payment. However, depending on your income, you can file for Chapter 7 bankruptcy in Gilbert and discharge all of that debt.

You’ll need to assess your debt and figure out how much you owe and how much of it you can actually consolidate. In many cases, filing for bankruptcy is going to be the better option.

What is Your Ability to Pay?

Debt-consolidation options exist, but they can also be costly. You may get a lower interest payment and a smaller monthly payment, but it may still be beyond your ability to pay. Debt-consolidation options are based on how much you owe, not on what you are able to pay.

A Gilbert Chapter 13 bankruptcy repayment plan is designed around your ability to pay. The trustee looks at how much money you make, the assets you have available, and the debts you owe to determine your monthly payment. Some of the debt may even be discharged once the plan is complete.

What Are Your Goals?

You may be thinking that you’d like to buy a house next year. If you file for bankruptcy in Gilbert, you are going to have a black mark on your credit that will make that impossible for several more years. However, if you have so much debt that you are going to struggle to pay it off even under a consolidation plan, you aren’t going to be able to meet that goal anyway.

You have to think through your financial circumstances and your goals to determine what the right solution is going to be. An experienced Gilbert bankruptcy attorney can help you understand the options through bankruptcy and how you might best be helped.

Call Gilbert Bankruptcy Lawyers today to schedule a consultation with a bankruptcy attorney. We’ll carefully review your finances and talk with you about your goals to make the recommendation that’s going to give you the maximum debt relief while also keeping you on track to meet your goals. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney and to learn more about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: [email protected]
Website: https://gilbertbankruptcylawyers.com

Gilbert Chapter 7 Bankruptcy Aftermath: What Happens Next?

Gilbert Chapter 7 Bankruptcy Aftermath: What Happens Next?

Gilbert Chapter 7 Bankruptcy Aftermath: What Happens Next?

Bankruptcy has a lot of myth and mystery surrounding it since it can be such a complex process and since there is a stigma around it that makes people less likely to talk about it. Changes in the rules have also caused some confusion and the spread of misinformation. Therefore, you may be thinking about filing for bankruptcy but unclear about what will happen after you do.

Chapter 7 bankruptcy is what’s known as a “total liquidation” bankruptcy. With it, you will be able to discharge most unsecured debts. Here’s what you need to know about what will happen after you file for Chapter 7 bankruptcy in Gilbert:

Gilbert Chapter 7 Bankruptcy Aftermath: What Happens Next?

An Automatic Stay will be Issued

As soon as you file for Chapter 7 bankruptcy in Gilbert, an automatic stay is issued that prohibits your creditors from contacting you or from continuing to try to collect on a debt. You will immediately attain relief from harassing phone calls at your home and work, and you won’t get any more mailings asking for you to pay.

If you are contacted by any of your creditors after filing for bankruptcy, you should refer them to your Gilbert bankruptcy attorney for questions. In most cases, this contact is a simple mistake, and you won’t get another call after that.

Liquidate Most Debt

Chapter 7 bankruptcy in Gilbert allows you to liquidate most unsecured debt if you qualify to file, including credit cards, medical bills, and personal loans (except those that are backed by collateral). There is no limit on the amount of debt you can discharge.

You can expect your bankruptcy attorney to go through all of your debts with you to help you understand which debts will be discharged in the bankruptcy and which will be exempt. Your attorney will create a comprehensive report for the bankruptcy trustee.

Potentially Liquidate Assets

You can’t just declare that you can’t pay and then be freed of your obligations to your creditors. The bankruptcy trustee must first determine if you are able to pay your creditors, even in part. To do so, the trustee looks at not just your income but also your assets. Sure, you may have lost your job and have zero income to report, but you may own a $5 million house, so absolving you of debt just wouldn’t be fair to your creditors.

However, the bankruptcy court also recognizes that you need a home to live in and a car to drive to get to work and furniture to fill your house, and so on. You are not expected to be left completely penniless and deprived in order to declare bankruptcy. Bankruptcy law allows exemptions for personal assets. You get a certain amount of equity for your house, your car, and your personal possessions. So long as they do not exceed this threshold, you will be allowed to keep them.

Resolution in Just a Few Months

By working with a Gilbert bankruptcy attorney, you can get your Chapter 7 bankruptcy filing resolved in a matter of months. That means that you’ll be able to work on rebuilding your finances quickly to get your life back to where you want it.

A dedicated attorney can put together your filing quickly and ensure that it is completed properly so that it makes it through all the stages of the bankruptcy process quickly. Your attorney will see to it that you don’t hit any roadblocks along the way, if at all possible.

Chapter 7 bankruptcy in Gilbert offers an effective way to rid yourself of crushing debt and to start putting back together the pieces of your crumbling finances quickly. You are legally allowed to file for bankruptcy on your own, but you should always work with a bankruptcy attorney to ensure that you aren’t making any mistakes that could threaten your petition or even lead to legal consequences.

Gilbert Bankruptcy Lawyers are ready to help you if you are thinking of filing for bankruptcy in the Gilbert area. Our attorneys will closely review your financial situation to help you understand how bankruptcy might help you, and if so, whether Chapter 7 bankruptcy or Chapter 13 bankruptcy in Gilbert would be the better choice for you. Our bankruptcy attorneys are patient and compassionate, and they will walk you through every step of the process so that you are informed and able to make the best decisions to meet your goals. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Unmarried Gilbert Bankruptcy Filings: Can We Still File Together?

Unmarried Gilbert Bankruptcy Filings: Can We Still File Together?

Unmarried Gilbert Bankruptcy Filings: Can We Still File Together?

When you are struggling with debt, bankruptcy is one of the most powerful tools to get the relief you need and the opportunity to start rebuilding and strengthening your finances. It can completely liquidate your unsecured debts, like the thousands of dollars in credit card and medical bills that you have accumulated, or it can restructure your debt so that you are paying what you can afford.

When you live with someone, you are likely sharing your expenses, and that typically means that you are both struggling with debt equally. You may have opened some accounts in your name, and you may have opened some other accounts in your partner’s name. You may have become delinquent on accounts in both names, and you may be struggling to pay equally.

Unmarried Gilbert Bankruptcy Filings: Can We Still File Together?

Unfortunately, if you are not married, you will not be able to file for bankruptcy jointly. Though you may have lived together for years, may share expenses and may have incurred debts together, and may share your lives together in every way that a married couple does, the law does not recognize your rights as a couple unless you are legally married.

Still, that doesn’t mean that you can’t use bankruptcy as a tool for debt relief. You just need to talk to a Gilbert bankruptcy attorney about what strategies you can use to get the maximum debt relief.

Chapter 7 Bankruptcy

If you and your partner have a lot of unsecured debt, such as huge credit card balances, high medical bills, or big personal loans, filing for Chapter 7 bankruptcy may be your best choice. You will either need to decide which partner has the most debt in their name and should file for bankruptcy, or you should decide that both of you should file for Chapter 7.

You must meet a means test to qualify for Chapter 7 bankruptcy. The test looks at how much money you make in context of certain factors, such as where you live and whether you are married or single. Though you will not get the same “credit” for expenses for being married, you will have to report your household income, which will include your partner’s income.

Work with a bankruptcy attorney to look closely at your finances to determine how filing individually or both of you filing at the same time can benefit you the most.

Chapter 13 Bankruptcy

If your additional household income disqualifies you from filing for Chapter 7 bankruptcy, you might want to consider filing for Chapter 13 bankruptcy. The requirements are a bit more relaxed with Chapter 13 because you don’t get the liquidation that Chapter 7 offers. Instead, your debt is restructured into a more manageable payment plan based on what the court deems you can afford.

Again, you can apply for Chapter 13 on your own, or you may decide that you will get more benefit if both you and your partner apply (separately, of course). Talk with your bankruptcy attorney to get a better understanding of how your monthly finances will look if you or both you and your partner are on a debt restructuring plan under a Chapter 13 filing.

Just because you cannot file for bankruptcy together if you are an unmarried couple does not mean that you cannot take advantage of the many benefits that bankruptcy offers. You’ll just need to think of a different strategy to get the maximum debt relief you can, and your bankruptcy lawyer will help you decide what the best strategy is.

Gilbert Bankruptcy Lawyers helps both individual and business clients get debt relief through bankruptcy. We work with married and unmarried clients, and we can help you find the right strategy even with the most complex of financial scenarios. We’ll help you decide whether to file for bankruptcy as an individual or whether you should both file separately as a couple. The goal is to help you take control of your finances by getting the relief the law offers. Contact our bankruptcy law office to learn more about your rights and options under the law. Our compassionate and dedicated bankruptcy attorneys are ready to help you through every step of the process.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Eviction

Can Filing for a Gilbert Bankruptcy Protect Me from Eviction?

Can Filing for a Gilbert Bankruptcy Protect Me from Eviction?

By the time you are facing eviction, you have likely struggled for months with being able to pay your bills. Most people prioritize their rent payment, which means that you have also likely accumulated a lot of debt and let many other accounts go into delinquency before you had to deal with your rent problem. Now you’re facing eviction on top of collections from numerous lenders.

Bankruptcy can give you the debt relief you so desperately need. But can it save you from eviction? That all depends on your circumstances. Here’s what a Gilbert bankruptcy attorney will tell you:

Eviction

Chapter 7 Bankruptcy

Before a landlord can evict you, they must file a lawsuit against you. The court has to decide in favor of the eviction, and then proceedings can begin. If your landlord has threatened to bring such action against you or has just filed the lawsuit, you still have time to put a stop to it.

When you file for Chapter 7 bankruptcy in Gilbert, what is known as an “automatic stay” will be issued. The automatic stay puts an immediate stop to any collections activities or other action being taken against you. The purpose is to give the court time to review your case and to make a judgement on your behalf.

The automatic stay can put a stop to the lawsuit your landlord brings against you. You will still need to come up with the money to pay your landlord to avoid those proceedings beginning again when your bankruptcy case is settled. But since Chapter 7 bankruptcy liquidates your unsecured debts, it can free up the money you need to pay what you owe – or at least to pay enough to keep your landlord happy.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy in Gilbert is designed to restructure debt for those who still have a good source of income and have some ability to repay their debts. If you started to fall behind on your rent payments, and you know that eviction may be a (near) future possibility), you may consider filing for Chapter 13 bankruptcy to have what you owe your landlord included in your repayment plan.

This type of bankruptcy allows you to pay what you owe at a slower pace. You can use it to pay what you can to your landlord over time and avoid eviction.

Limitations to the Automatic Stay

The automatic stay can’t prevent action from being taken against you in all cases. For example, your landlord can petition the court for relief from the automatic stay. If your landlord has good cause and can prove it to the court, that relief could be granted, and eviction proceedings could continue.

If your landlord brought a lawsuit against you and won before you filed for Gilbert bankruptcy, the automatic stay will not stop those eviction proceedings. Likewise, if you are being evicted because you damaged the property or committed some illegal action, that automatic stay isn’t going to help you.

Working with a Bankruptcy Attorney

Getting debt relief through bankruptcy in Gilbert can be a complex process, but if you are successful, you can obtain enormous debt relief and get the opportunity to start over financially. You just need to work with an experienced bankruptcy attorney to learn how the different types of bankruptcy can help you. If you are trying to stop an eviction, the most recommended course of action will be much different than if you are trying to get rid of credit card debt. Your Gilbert bankruptcy attorney can help you understand how the intricacies of bankruptcy affect what you are trying to accomplish, and how your individual financial circumstances will best be helped.

Call Gilbert Bankruptcy Lawyers today to learn more about your options through bankruptcy. We’ll review your financial circumstances and talk through your special circumstances, such as if you are facing eviction or foreclosure. We’ll then make tailored recommendations on the best course of action through bankruptcy will be to attain maximum debt relief. Contact our office today to talk through Chapter 7 bankruptcy, Chapter 13 bankruptcy, and other options. We’re ready to help you find a way out from your struggles and to start rebuilding your life.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

Gilbert Bankruptcy and Child Support: Do I Still Have to Pay?

Gilbert Bankruptcy and Child Support: Do I Still Have to Pay?

Bankruptcy is a powerful tool for getting the debt relief that you need. It can discharge thousands of dollars in credit card and medical debt, or it can restructure your debt to pull your house back from the brink of foreclosure.

Bankruptcy can be so transformative to your personal finances and your life that you may feel like it can do anything. Unfortunately, when it comes to certain debts or financial obligations, such as child support, it has limited power. Bankruptcy can’t do anything to put an end to your current child support obligation. However, if you under such financial duress that you are considering filing for bankruptcy, you probably have good cause to take your case before the courts again to have your child support order adjusted.

If you owe old child support, filing for bankruptcy may help, depending on your personal circumstances. Here are a few options to explore with your bankruptcy attorney in GIlbert:

Bankruptcy

Chapter 7 Bankruptcy

Chapter 7 bankruptcy cannot discharge child support debt, nor can it discharge other government-mandated debts such as criminal penalties or old taxes. But that doesn’t mean that Chapter 7 bankruptcy is totally useless in helping you get a better handle on your old child support.

Filing for Chapter 7 can clear out many of the debt payments that are weighing down your budget, freeing up the ability to pay back that old child support and to stay current with your current payments. Put together all the money you pay now toward credit cards, medical bills, and other unsecured debts, and you can get an idea of how much a Chapter 7 bankruptcy would free up to pay your old child support.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy may be somewhat more helpful if you are trying to manage back child support. Chapter 7 bankruptcy has strict eligibility requirements, so you may not be able to file. Or you may meet the criteria, but you may not have much in the way of credit card or other debts. In that case, it may be better for you to file for Chapter 13 bankruptcy, which is known as a debt restructuring plan.

Under a Chapter 13 bankruptcy, your debts, including back child support, can be organized into a debt repayment plan that lasts for three to five years. Some of your debts will be reduced based on your ability to pay, and some will even be discharged at the end of the repayment period. However, you can expect to pay the full amount you owe for child support.

Chapter 13 bankruptcy is helpful because it puts you on the path to pay back your child support without fear of penalty, such as fines or even jail time. The courts will see that you have a plan for payment, and so long as you remain consistent with your payments, you should keep yourself out of trouble.

Talk with a Bankruptcy Attorney

Before you make any decisions about whether or not to file for bankruptcy and which type, you should sit down with an experienced bankruptcy attorney to go over your financial circumstances in detail and to talk about what you hope to accomplish. An experienced bankruptcy lawyer can help you understand what will be possible with each type of bankruptcy. Your attorney can also explain your other debt relief options to you so that you can make the best choice for your circumstances to get the maximum debt relief.

Gilbert Bankruptcy Lawyers helps individual and business clients who are seeking debt relief and a way to gain control of their finances once again. Our bankruptcy law office handles Chapter 7 bankruptcy, Chapter 13 bankruptcy, and many other types of bankruptcy for businesses. Our goal is to help you get the maximum debt relief so that you can feel in charge of your finances and our life once more. We can help you explore options for managing debts that cannot be liquidated under bankruptcy, as well, such as old child support, tax debts, and student loans. Contact us in Gilbert today to talk with an experienced and dedicated bankruptcy attorney about your options. We’re passionate about helping people get the help they need to get their finances back on track.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

How Can You Keep Your House if You Declare Bankruptcy in Gilbert

How Can You Keep Your House if You Declare Bankruptcy in Gilbert

One of the biggest concerns people have when they consider filing for bankruptcy is whether they will lose their home. In many cases, it is this fear that holds people back from filing for bankruptcy – even though the fear is unfounded and they could be getting relief from their overwhelming debt.

How your personal property is affected depends on the type of bankruptcy you choose. One type will actually help you save your home if it’s on the brink of foreclosure, and another type may let you keep your home while liquidating many of your debts. It’s important to talk with your bankruptcy attorney to know what your options are and how they will affect your home.

Here’s what you are likely to learn:

Bankruptcy

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is usually referred to as a “debt restructuring plan” or a “wage earner’s plan.” This type of bankruptcy looks at what you owe and what you are able to pay, and it creates a 3- to 5-year repayment plan. You end up paying less in interest and penalties, and some of your debt may be discharged at the end.

If you’re home is on the brink of foreclosure, filing for Chapter 13 bankruptcy may save it. Your missed mortgage payments can be added to your bankruptcy repayment plan, helping you to catch up on your mortgage and save your home from potential action. Bankruptcy cannot save your home if foreclosure proceedings have already begun.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy allows you to liquidate unsecured debts like credit cards and medical bills. However, you have to meet a series of requirements to be allowed to file for Chapter 7 bankruptcy, so it’s not for everyone.

Filing for Chapter 7 bankruptcy won’t save your home from foreclosure, nor will it discharge your late house payments. However, you may not be worried about discharging debt on your home; instead, you may be worried about whether your home will be seized to satisfy your debtors if you file for bankruptcy. Fortunately, Chapter 7 bankruptcy allows you to exempt a certain amount of equity in your home. Unless you own your home outright or have significantly paid down on the mortgage, chances are good that the equity in your home will fall within the exemption.

The amount will vary, depending on whether you are single or married and other criteria. Talk to your bankruptcy attorney about the exemptions and whether you meet them.

Filing for Bankruptcy

It’s important for you to identify your goals when you are considering whether to file for bankruptcy and what type to choose. If you are trying to get rid of unsecured debt but own a home and are worried about losing it, you may want to talk to a Chapter 7 bankruptcy lawyer about how you fit within the income guidelines and property exemptions. It may be that you can get maximum debt relief without having to worry about losing your home.

However, if you own a home and have fallen behind on the payments, you may want to talk to a Chapter 13 bankruptcy attorney about how a debt restructuring plan may benefit you. You can save your home from foreclosure and get a better handle on your debts in the process.

Each bankruptcy type offers benefits that can give you great relief from debt. You need to balance those benefits with the assets you have to determine the right plan of action.

Gilbert Bankruptcy Lawyers can help you explore your bankruptcy options and decide which one would give you the best results. A bankruptcy attorney from our Gilbert team will thoroughly review your finances, including a complete list of your debts and assets, all your sources of income, and your credit history, and will make tailored recommendations to help you get maximum debt relief with the least negative side effects. We can help you put a stop to wage garnishments, harassing phone calls, and other debt collection measures now. Call us now to schedule an appointment with an experienced Gilbert bankruptcy lawyer to learn more about your options. Our attorneys also represent businesses who are interested in Chapter 13 bankruptcy.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

The Advantages and Disadvantages of Debt Consolidation to Avoid a Gilbert Bankruptcy

The Advantages and Disadvantages of Debt Consolidation to Avoid a Gilbert Bankruptcy

Having a lot of payments each month can make your debt feel even more overwhelming. Instead of making one payment, you may have to manage 5 or even 10. Not only can that become confusing and stressful, which can cause you to miss payments, but it can also compound your debt with the individual interest rates and fees attached to each account.

Consolidating your debt can help you get a handle on your finances and pay down your debt faster. Depending on the option you choose, you could have one debt payment for far less than what you were previously paying collectively, and you could have a lower interest rate, which will save you money and help you pay off debt faster. But all of that is dependent on the type of debt consolidation method you choose. In some cases, simply filing for bankruptcy is a much better option.

It’s important that you talk with a bankruptcy attorney about the pros and cons of debt consolidation compared to filing for a Gilbert bankruptcy to help you make the right decision.

Bankruptcy

Types of Debt Consolidation

You have a few options for debt consolidation. One of the easiest things you can do is request a balance transfer on one of your credit cards. You simply move the balance from one credit card that charges high interest to another credit card that charges lower interest. You can keep doing this as often as you need to while you pay down your debt.

If you own your home and have some equity built up, you can borrow against the equity in your home. You can use that money to pay off the credit cards or other debts, changing out those high-interest debts for a much lower-interest loan.

If you don’t own a home, you may be able to get a personal loan or a debt consolidation loan with a reasonable interest rate. Know that you will either need to have a good credit score (which you likely don’t have with so much debt) to get these loans, or you’ll have to have collateral (such as a car or another item of high value).

Advantages

The primary advantage of choosing debt consolidation over bankruptcy is that you get to pay down your debts without putting a black mark on your credit. A bankruptcy discharge will stay on your credit report for 10 years, and it will bring down your credit score – unless you already have multiple late payments and revolving accounts; then bankruptcy can actually improve your score.

Each of these debt consolidation options can lower the amount you pay toward your credit cards and other accounts by giving you a better interest rate, as well. Of course, when you file for Chapter 7 bankruptcy, you can lower the amount you pay to unsecured debts to zero.

Disadvantages

There are a number of disadvantages to debt consolidation options. If you look at a credit card balance transfer, you have to be very careful about the fine print. You may get a zero percent interest rate, but that rate may reset to something outrageous after the introductory period. You may also have to pay a big fee to make the transfer. You need to watch it closely to make sure you don’t end up spending a lot of money to save money.

If you take out a home equity loan, you instantly lose that equity (since you now have debt against it) and you set yourself up for great loss. What happens if you can’t pay back the equity loan? Or if you get into even more trouble with debt? You can lose your house. Filing for bankruptcy can’t stop that from happening.

If you take out a personal loan or debt consolidation loan, you run the same risk of losing your collateral or of getting more into trouble with debt. Maybe now that you have the loan and free credit card balances, you’ll just charge more instead of paying down debt.

In many cases, the best option for dealing with overwhelming debt is to file for bankruptcy. Chapter 7 bankruptcy allows you to discharge your unsecured debt so long as you meet the means test, which looks at your income and assets. Chapter 13 bankruptcy is a reorganization plan similar to other debt consolidation strategies, except it’s based on your ability to pay and not the overall amount you owe. You may be able to discharge some of your debt, and you’ll have a limit to how long you’ll be paying (just three to five years).

It’s important that you talk to a bankruptcy lawyer about how your situation can be helped, specifically, by filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Gilbert Bankruptcy Lawyers is ready to help if you are struggling with debt. A bankruptcy attorney from our team can review your finances with you and help you understand how bankruptcy could help you. Call us in Gilbert today to talk to a bankruptcy attorney about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

If Im Unemployed Can I File for Bankruptcy in Gilbert

If Im Unemployed Can I File for Bankruptcy in Gilbert

Losing a job is one of the top reasons that people have to file for bankruptcy. Without a consistent source of income, people are often unable to pay their bills or to pay them on time. The late fees start to add up, making it even harder for them to pay what they owe. Many people also turn to credit cards or personal loans to pay for what they need, and that creates a negative cycle that causes even more financial problems.

It can seem like you are in a losing battle when you are unemployed and are struggling with debt. You may turn to a bankruptcy attorney in Gilbert and start thinking about your options for debt relief through Chapter 7 bankruptcy or Chapter 13 bankruptcy. But you may be worried that if you don’t even have a job, you might not be able to file. And then what are your options? Fortunately, you do have some choices, and your bankruptcy lawyer will help you understand how the law applies to your circumstances.

Bankruptcy

Chapter 7 Bankruptcy

In order to qualify to even file for Gilbert Chapter 7 bankruptcy, you have to meet what is known as the “means test.” This is a complicated test that looks at your income in comparison to local standards, as well as your assets and your debts. If you make too much money, you won’t qualify to file for Chapter 7 bankruptcy, which is designed to liquidate most of your unsecured debts, such as credit cards. If you have too many assets, such as a lot of equity in your personal home or a vacation property, you won’t qualify to file for Chapter 7.

If you are unemployed, this can actually be a bonus in terms of qualifying for Chapter 7 bankruptcy. You can’t exceed the income limits if you don’t have any income. Unless you have other sources of money coming in, you are almost certain to qualify for Chapter 7 if you are unemployed. That means that you’ll be able to get your unsecured credit cards, medical bills, and personal loans discharged within a few months.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is what is known as a “reorganization” plan. Instead of discharging debts, it combines them and puts you on a three- to five-year repayment plan to make it more affordable for you to pay off your debts. Some debts may be discharged at the end of the term, but the goal is to get you to pay what you can during that time.
If you are unemployed and have no money to pay your debts according a proposed repayment schedule, it’s not likely that you will be approved to file for Gilbert Chapter 13 bankruptcy. However, your bankruptcy attorney may still be able to get you approved if you have other sources of financial support, such as disability income, alimony, or Social Security.

If you aren’t able to file for Chapter 13, your bankruptcy lawyer may suggest you file for Chapter 7 instead. The decision may get complicated if you are trying to save your house from foreclosure, which can’t be handled with Chapter 7, or have some other special considerations. It’s important that you talk through your finances thoroughly with an experienced bankruptcy attorney so that you can understand how bankruptcy will impact your options and the choices you have. Your bankruptcy attorney can help you come up with a plan that will get you the most debt relief while also protecting certain assets or future goals. Your attorney will try to find the right balance for your needs.

Contact Gilbert Bankruptcy Lawyers if you are struggling with debt and want to learn more about your options. We are an established bankruptcy law office with lawyers specializing in individual and corporate bankruptcy. A bankruptcy lawyer from our team can help you understand the ins and outs of Chapter 7 and Chapter 13 bankruptcy to determine how they might help you get back control of your finances and get your life back on track. We’ll explore all your options, whether you’re unemployed, have a house in foreclosure, are getting divorced, or are facing any other circumstances. Call us in Gilbert to talk to a bankruptcy lawyer today!

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

 

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Bankruptcy

How Many Times Can I File for a Gilbert Bankruptcy

How Many Times Can I File for a Gilbert Bankruptcy

Bankruptcy in Gilbert provides an essential tool for those who need debt relief. If you qualify, you can declare bankruptcy and have all your unsecured debt discharged, including those credit cards that have soared past $10,000 each (or more), medical bills that have hit six figures, personal loans you took out to try to get a handle on the problem, and more. You can also file for bankruptcy that lets you restructure your debt so that you end up paying much less.

Hopefully, all of us would only get into the kind of financial trouble that would lead to bankruptcy once in our lives – when we lost our jobs unexpectedly, we struggled with rebounding after divorce, we became seriously ill, and so on. But life doesn’t always work like that. We can become sick more than once. We can get divorced and then become widowed. We can lose a job multiple times. Financial circumstances can fall quickly, and we can find ourselves struggling with debt many times in our lives.

Fortunately, you can file for Gilbert bankruptcy more than once. However, in Gilbert – and in other cities in other states across the country – there are rules about when you can file bankruptcy. Here’s what you need to know:

Bankruptcy

Chapter 7 Bankruptcy

Chapter 7 bankruptcy in Gilbert is what most people think of when they start thinking they might want to file for bankruptcy. That’s because this type of bankruptcy discharges – or completely clears out – many of the debts that most people struggle with, including credit card balances, unsecured loans (like payday loans), and medical bills. Chapter 7 bankruptcy does not clear out secured loans like mortgages or car loans, nor does it discharge government debts, such as student loans, back taxes, or criminal restitution.

You have to meet certain conditions to qualify to file for Chapter 7 bankruptcy, including meeting income limitations. You can have some assets, including a house and a car, but the value of these must fall under a certain amount or they will need to be sold to satisfy creditors.

Because Chapter 7 bankruptcy discharges debts rather than refinances them, the rules surrounding it are more stringent than for Chapter 13 bankruptcy. Even if you meet the criteria for filing for Chapter 7 bankruptcy, you won’t be able to file again any time you want. In Arizona, if you have filed for Chapter 7, you will not be able to file again until six years after your discharge.

Keep in mind that even if six years have passed, the courts are going to look on your filing more skeptically if you have requested debt relief through Chapter 7 bankruptcy multiple times. Work with a bankruptcy attorney to explore all your options and make sure you are making the right choice for your circumstances.

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy in Gilbert is often referred to as a debt reorganization plan. Under this bankruptcy filing, a debt repayment plan is established over a three- to five-year period. The payments are determined by what the person owes and what the person is able to pay. Therefore, the person may end up paying much less over the course of the repayment plan. The person will only make one monthly payment, and will certainly pay less in interest.

Many people choose to file for Chapter 13 bankruptcy when they owe a lot on their mortgage or are facing foreclosure. The debt reorganization plan can help them catch up with what they owe so they can save their house and get a better handle on their finances.

The requirements for filing Chapter 13 bankruptcy are less strict than for Chapter 7 since you are paying back some or all of your debt. There are no prohibitions against continuing to file Chapter 13 bankruptcy back to back to back. Of course, you can’t file while your repayment plan is still under way (which lasts a period of three to five years), but you can file again as soon as it is over. Just like with a Chapter 7 bankruptcy, a judge may not too favorably on your filing if you have sought bankruptcy relief in the past (or many times in the past).

Always work with a bankruptcy attorney if you are in over your head in debt and want to explore how bankruptcy can help you. An experienced attorney can help you understand how to get the maximum debt relief so you can get your finances back on track and reduce the number of times you need to file for bankruptcy.

Gilbert Bankruptcy Lawyers can help. Our experienced bankruptcy attorneys can review your finances and help you understand if Chapter 7 bankruptcy or Chapter 13 bankruptcy is right for you. We’ll help you understand your rights and the benefits you can enjoy under bankruptcy protection. Call us in Gilbert today to learn how bankruptcy can help you get your finances back on track!

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

Recovering after a Gilbert Bankruptcy When Can I Buy a House

Recovering after a Gilbert Bankruptcy When Can I Buy a House

One of the biggest things that people worry about when they are considering filing for bankruptcy is whether they will be able to buy a house. Some may want to buy a house soon, so the prospect of having to wait years and years seems daunting. Others just don’t understand bankruptcy fully, and they think that they’ll never be able to buy a house again and that their credit will be permanently ruined.

It’s important that you understand the truth about how bankruptcy will influence your ability to buy a home so that you can make the appropriate decision for your finances. A bankruptcy attorney can help you understand the ins and outs of bankruptcy and how filing may help or hurt your finances and your credit, so it’s important that you schedule a consultation at a bankruptcy law office in Gilbert before you make any decisions.

Bankruptcy

Federal Housing Authority Loans

The Federal Housing Authority, or FHA, provides many of the home loans that offer the best interest rates and terms. Most people usually have FHA loans in mind when they are thinking about how bankruptcy will affect their ability to get a home loan.

Whatever type of loan you apply for, your ability to be approved will depend on your specific circumstances. However, most people who file for Chapter 7 bankruptcy will have to wait two to three years after their discharge to be approved for an FHA home loan. Those who file for Gilbert Chapter 13 bankruptcy will typically have to wait less time to get approved. That’s because Chapter 13 bankruptcy reorganizes debt rather than discharging it, so those who file earn a bit of goodwill by continuing to pay down their debt. However, the bankruptcy trustee will have to weigh in on your ability to take on more debt if you apply for a home loan during the repayment period.

Veterans Administration Loans

The Veterans Administration, or VA, offers home loans for those who are military veterans or who are eligible family members. Typically, the requirements to get a VA loan are less stringent than for other types of home loans, which is an intentional benefit for service members.

Those who filed for Gilbert Chapter 7 bankruptcy can expect to be approved for a VA loan two years after discharge. They will still have to explain why they had to file bankruptcy and explain how they have rebuilt their credit since the discharge. Those who filed for Chapter 13 bankruptcy can get approved for a VA loan after just one year of making timely debt payments. Just like with other loans, the bankruptcy court will play a role in determining whether you can get a new loan.

Conventional Loans

Many other agencies provide home loans with reasonable interest rates and terms, including Fannie Mae and Freddie Mac. These loans are also insured.

Because conventional loans offer such good terms, they can be harder for those who have filed for bankruptcy to get. The typical waiting period after a Chapter 7 filing is four years. However, you could reduce the time if you show that your bankruptcy was caused by extenuating circumstances, such as unexpected medical bills. The typical waiting period after a Chapter 13 filing is two years.

You have a lot of options for qualifying for a reasonable home loan after filing for bankruptcy, so you need not fret about your ability to buy a house and rebuild your life after seeking debt relief. The best thing you can do after your bankruptcy is discharged is to make smart financial choices, including paying all your bills on time and keeping your credit low. Live within your means, and save as much as you can to deal with emergencies when they arise. You’ll restore your credit more quickly, which means that you’ll also qualify for a home loan more quickly.

If you are struggling with debt and aren’t sure what to do, call Gilbert Bankruptcy Lawyers to learn about the benefits that bankruptcy can offer you. A bankruptcy attorney from our team will review your finances and help you understand the pros and cons of Chapter 7 and Chapter 13 bankruptcy for your circumstances. Our goal is to help you get debt relief quickly so that you can start getting your finances back on track. https://gilbertbankruptcylawyers.com/schedule-an-appointment/ today to talk to a bankruptcy lawyer about your options!

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

The Importance of Credit Counseling during a Gilbert Bankruptcy Filing

The Importance of Credit Counseling during a Gilbert Bankruptcy Filing

You may know that filing for bankruptcy can give you enormous debt relief and help you get you back on the right financial path. What you may not know is that filing for bankruptcy involves a lot more than filling out some forms, submitting them, and getting your discharge. There are many more steps and requirements before you can get your debts discharged.

One of the requirements of filing for Gilbert bankruptcy that often comes as a surprise is to enroll in credit counseling. But rather than seeing this as an obligation that you have to fulfill on the way to being debt free if you file for Gilbert Chapter 7 bankruptcy (or at least having your debts under better control if you file for Gilbert Chapter 13 bankruptcy), you should see the credit counseling as an important benefit. Here are a few reasons why this counseling is so important:

Bankruptcy

Pre-Filing Credit Counseling

Before you can even submit your bankruptcy paperwork, you must complete credit counseling. This is known as “pre-filing credit counseling.”

The purpose of pre-filing credit counseling is to help you understand the pros and cons of bankruptcy. Some of the advantages of bankruptcy, you will learn, are that it can eliminate all of your unsecured debt or put you on a more affordable plan to pay back your debt. Bankruptcy can help you to avoid foreclosure on your home, and it can help you rebound financially much faster than trying to pay off your debts on your own.

Of course, one of the big down sides of filing for bankruptcy is that your credit score will take a hit. But if you didn’t file for bankruptcy, chances are good that your score was already down because of your maxed out credit cards, late payments, and delinquent accounts. In those cases, filing for bankruptcy can actually help your score because it absorbs those accounts and gives you a fresh start.

The pre-filing credit counseling also provides information about options for debt relief. While you likely won’t want to take advantage of those options if you are so overwhelmed by debt that you are pursuing bankruptcy, you likely won’t gain much from these debt relief alternatives. However, if you find yourself struggling with finances again in the future, you can use the information you learned about debt relief alternatives to maybe solve your issues before you need to file for bankruptcy again.

Pre-Discharge Counseling

As your bankruptcy case starts winding to a close, you will be required to take a second credit counseling course just before the filing is discharged. In this counseling course, you will learn overall financial literacy, as well as how to manage your finances. The goal is to show you what you can do to avoid getting into problems with debt in the future.

Of course, many people are led to bankruptcy not because of bad spending habits, but because of unfortunate life circumstances. Some face an unexpected illness or job loss, and others are blindsided by a divorce. However, these credit counseling classes help everyone learn to be smarter about their finances, which can help us all, no matter what stage of life we are in.

The required credit counseling courses for a bankruptcy filing in Gilbert are not meant to be a punishment – they are meant to help you. No matter what led you to filing for bankruptcy, the information that you get from those credit counseling courses will help you take greater control of your finances now and in the future. You’ll be more certain if bankruptcy is right for you, and you’ll have tools in your arsenal if you find yourself in financial trouble again.

Gilbert Bankruptcy Lawyers can help you learn more about the bankruptcy process and whether it may be right for you. Our bankruptcy attorneys will review your finances with you and help you understand the options, including Chapter 7 bankruptcy and Chapter 13 bankruptcy. We’ll help you choose the option that will give you the most debt relief available to you. Contact our bankruptcy law office in Gilbert today to talk to an experienced and compassionate bankruptcy lawyer about your options. This may be the year that you turn your finances around!
Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

Gilbert Bankruptcy Guide: Getting Back on Track after Filing

Gilbert Bankruptcy Guide: Getting Back on Track after Filing

Debt just seems to be a part of life for most people. But it shouldn’t be. And overwhelming debt that makes it hard to pay for your other needs is most certainly not “just a part of life,” nor is having so much unpaid debt that you are constantly being hounded by creditors, to the point that you don’t even want to pick up the phone.

You don’t have to let debt derail your life. Bankruptcy is a great option for many people to get their lives back on track after struggling for too long with debt. You will need to talk with a Gilbert bankruptcy attorney to know whether bankruptcy is the right option for you, but here are some things you should consider when weighing your options:

Bankruptcy

The Likely Plan A

Many people who are mired in debt and who want to do something about it – rather than just ignoring it and living with bad credit – will likely have a primary plan that involves paying back the debt over time. They may pay just the minimum on their credit cards, or they may pay a little extra. The problem with this plan is that they never make any real gains. The interest adds up so quickly that it’s like those monthly payments take nothing off the balance. And when people are putting all they have into paying back their credit cards, they are likely continuing to add to the balance by buying the things that money would have purchased. Meanwhile, the credit cards remain maxed out, bringing down the credit score and keeping it down month after month and year after year.

Another popular plan that people have to deal with their debt is to get a loan to pay it all off and then pay one payment toward the loan. Again, there are problems with this plan. The loan likely comes with a very high interest rate and a short repayment period, which means that many people will still be running out of money each month to meet their needs, and they’ll be turning to credit cards to make up the gap. Over time, they find that they have high credit card balances in addition to an expensive loan.

Adopting a Plan B

Too many people put off filing for bankruptcy because they worry about the financial impact. Unfortunately, they end up causing even more harm to their credit by trying to pay it off themselves using the previously mentioned methods. By sticking to a plan that doesn’t work, they cause themselves greater harm.

Adopting Plan B and filing for bankruptcy in Gilbert can help you get back on firm financial footing much faster. Yes, there will be the initial blow to your credit with your bankruptcy discharge, but you will clear up the money for your daily needs, and you will get rid of the debts that were weighing down your score. If you file for Chapter 7 bankruptcy, you will have a clean slate. So long as you don’t take on new credit or pay your bills late, your credit score will start recovering quickly. You’ll even be able to qualify for prime mortgage loans in two years. If you file for Chapter 13 bankruptcy, you’ll bring your accounts current and can even save your house from foreclosure, which can protect your credit also.

Never be afraid to give up on your Plan A when it is not working for you. Being adaptable and making the changes you need to make quickly can bring you results faster. By filing for Gilbert bankruptcy, you may get the debt relief you need to start living within your means again and even saving money, strengthening your finances and rebuilding your life. Talk to a bankruptcy lawyer about the options and how bankruptcy might help you get the fresh start you need.

Gilbert Bankruptcy Lawyers are ready to help you learn how bankruptcy can bring you needed debt relief. Our experienced attorneys will review your financial circumstances and help you understand whether Chapter 7 bankruptcy or Chapter 13 bankruptcy would give you the maximum benefits. We’ll guide you through every stage of the process with compassion and care. Call our bankruptcy law office in Gilbert today to schedule a consultation.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Considerations You Should Make before Filing for a Gilbert Bankruptcy

Considerations You Should Make before Filing for a Gilbert Bankruptcy

Filing for bankruptcy can be one of the best things you do for your finances. It can help you get out from under the weight of crushing debt, while also giving you the chance to get on firm financial footing. You can use bankruptcy to save your house from foreclosure, and you can use bankruptcy to protect your family’s future.

Though bankruptcy can have enormous benefits, it is not right for everyone. It’s important that you think through all the specifics before you make any choice. Here are some of the considerations you should make before filing for a Gilbert bankruptcy and that you should discuss thoroughly with your bankruptcy attorney:

Bankruptcy

Debts that Can be Discharged

There are two types of bankruptcy: Chapter 7 bankruptcy and Chapter 13 bankruptcy. Under Chapter 7 bankruptcy, most or all of your unsecured debts can be discharged, including credit card bills, medical debts, and personal loans. There is no limit on how much debt can be discharged. Under Gilbert Chapter 13 bankruptcy, your debts are reorganized so that you pay them back with one monthly payment over a term of three to five years. Some of those debts can be discharged at the end of the repayment period, and you may end up paying less over that term than you would if you were paying your debts on your own.

What type of bankruptcy will be best for you depends on what type of debts you have. If you are primarily behind on your mortgage or have overdue student loans, Chapter 13 bankruptcy may be the better option. Whereas if you primarily have credit card debt, Chapter 7 is likely the better choice.

How Assets Will be Impacted

You can’t just declare that you can’t pay your debts and move on, keeping your savings and assets to yourself. The bankruptcy court will look at what assets you have and determine your ability to pay back any or all of your debts.
If you want to file for Chapter 7 bankruptcy, you will be allowed to keep a certain amount of assets. Typically, you can keep your own clothing and personal belongings, and you keep your home and vehicle if you have a limited amount of equity. However, if you have assets that exceed those limits, they can be seized and liquidated to pay your creditors.

You may not want to file for Gilbert Chapter 7 bankruptcy if you have a lot of assets or you have particular assets that you don’t want to lose.

Impact on Your Future Credit

Of course, one of the biggest concerns that many people have about filing for bankruptcy is how it will impact their credit. Many people think that filing for bankruptcy means they won’t be able to buy a home or a new car for many years into the future. So they continue to struggle with paying their debt instead of taking advantage of the debt relief option that bankruptcy provides.

The truth is that bankruptcy does negatively affect your credit, but so does continuing to struggle under massive debt. Every month that you have excessive debt balances, late payments, and delinquencies, your credit will continue taking a hit. Refusing to file for bankruptcy can actually bring your credit down longer. Plus, you can easily rebuild your credit after filing for bankruptcy so long as you live within your means, pay your bills on time, and be careful about taking out unnecessary credit.

While bankruptcy can certainly offer you many benefits, it is important that you talk through these and other issues with a bankruptcy lawyer before you make a final decision. You should be sure that you are making the right choice for your financial circumstances. By taking the right steps, you can get back on firm financial footing.

Gilbert Bankruptcy Lawyers are ready to help. A bankruptcy lawyer from our team can help you understand all the intricacies of bankruptcy, and how a filing can impact your financial situation. An attorney will also review your financial circumstances and make a recommendation to get the maximum debt relief. Call us in Gilbert today to talk with one of our bankruptcy attorneys about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Gilbert Bankruptcy

4 Bad Habits to Stop after Filing for a Gilbert Bankruptcy

4 Bad Habits to Stop after Filing for a Gilbert Bankruptcy

Filing for Gilbert bankruptcy can give you a fresh financial start after you have struggled with debt – perhaps for years. You can move forward on stronger footing, gaining greater control over your finances and reducing the chances that you will ever find yourself in that bad place again (though none of us can control whether a serious injury or job loss will set us back).

However, if you continue with bad financial habits, you will find yourself in over your head in debt and calling a bankruptcy attorney again. Here are four bad habits you should immediately stop if you want to avoid a future bankruptcy filing:

Gilbert Bankruptcy

Ignoring the Problem

A lot of people just kick the can down the road when they start dealing with financial problems. They borrow money from a friend, pay a few bills late and expect to pay them the following month, or put things on credit and expect to pay it off eventually. They aren’t able to admit the problem to themselves, and they don’t take actions that will have long-term solutions.

Ignoring your financial problems will only make them worse. As soon as you notice signs of financial distress, put on the brakes. Reign in your spending, and talk to a financial consultant about long-term strategies to avoid debt.

Confusing Wants with Needs

Buying things makes us feel good. But that feeling doesn’t last, and the thing we bought might not continue to be useful or to bring us joy. To be responsible with your money, you need to think hard about whether you are buying is something you really need.

This is not to say that you can’t buy things just because you want them. But you should evaluate these purchases carefully, and they should be the exception and not the rule.

Buying Things You Can’t Afford

In America, it is very easy to get credit, and we are bombarded with constant messages about things we should buy to make our lives better. We are led to believe that our worth and our status is determined by what we own, and that leads many people to live beyond their means and to buy things they can’t really afford.

Instead of buying things on credit, make it a habit to buy things only when you can purchase them outright. You may need to use credit when you need something but don’t have the money immediately – such as an emergency repair for your car. But you should view credit as an emergency resource and not a means to buy the things you want when you want them.

Never Saving

Few Americans have any money in savings. When an emergency strikes, they resort to using credit cards or to taking out loans to get the money they need. That just compounds the problem by ensuring that more of their money goes toward paying debt instead of being available if another emergency arises.

You should always be saving. Even if your finances are tight, get into the habit of saving just $5 or $10 per week. As your finances improve, you can increase your savings. Aim to have an emergency fund that has at least six months’ salary in it. Then start saving for other goals, such as retirement, college assistance for your children, or that trip you want to take.

We’ve all made mistakes, and we all have bad habits we need to improve. Don’t take your bad habits as a sign that you’re a bad person. Just start taking steps to improve them so you don’t get into trouble because of them. If you find yourself overwhelmed by debt and needing to file for bankruptcy, don’t feel ashamed. Know that some bad habits may have led you there, and make a pact with yourself to change those habits and start fresh.

If you are considering filing for bankruptcy, contact Gilbert Bankruptcy Lawyers. We offer affordable legal counsel and representation for both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We’ll review your financial details and let you know how bankruptcy might help you get the debt relief you need. Contact us today to talk with a bankruptcy attorney and start exploring your options!

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy

4 Alternatives to Seek before Filing for a Gilbert Bankruptcy

4 Alternatives to Seek before Filing for a Gilbert Bankruptcy

Bankruptcy offers fast debt relief for people who have become overwhelmed by debt. It can eliminate unsecured debt, or it can restructure your debt so that it is more affordable for you to repay.

Yet not all people can file for bankruptcy. Some don’t qualify because of their income, and others choose not to file because they don’t want to liquidate certain assets that are not protected by the exemptions. Others worry about the stigma of filing for Gilbert bankruptcy, so they look to alternative methods to deal with their debt.

If you’re not quite ready to call a bankruptcy law office yet, consider these four alternatives for debt relief first:

Bankruptcy

Pay More than the Minimum

Credit cards carry exorbitant interest rates. Every day that you carry a balance, you are sinking yourself deeper into debt. If you pay only the minimum amount that’s due each month, you will end up paying several times the original amount you owe by the time it’s paid off. So if you rack up thousands of dollars in debt, you’ll end up paying tens of thousands with interest.

Pay more than the minimum balance on your credit cards each month so that you can pay down the balance faster. Just pay what you reasonably can. Even if you shave a few months off your payments, you’ll save yourself money and get out of debt faster.

Use the Snowball Method

Instead of paying a little more on all your credit cards, you can try out the “snowball method,” so named by financial guru Dave Ramsay. Pick the credit card with the lowest balance, and put all the extra money you have toward paying it off each month. When that card is paid off, move to the next card with the lowest balance and put all you can toward paying that off. Keep going until all your cards are paid.

You’ll pick up momentum by paying off the cards with the smaller balances. You’ll feel invigorated to pay off your debt, and you’ll start feeling better about your financial situation. You’ll feel like you actually can get to the light at the end of the tunnel instead of laboring under your mountain of debt forever.

Take Advantage of Balance Transfers

A lot of credit cards offer you a zero-percent interest rate if you open an account and transfer your balance from another card. Others will give you a low interest rate on later balance transfers also. The low interest rate is available only for a limited time, so you’ll have to pay as much as you can during that time to get the most benefit.

You can transfer balances from card to card, keeping your interest low or eliminating it completely, thereby saving yourself a lot of money. Just pay attention to the fees so that you aren’t setting yourself back with excessive charges.

Get a Side Hustle

The more money you can make, the more you can pay toward your credit cards and get out of debt faster. In addition to trying to get a raise at work, you can also take on a side hustle to pad your income. You can cut lawns, fix computers, walk dogs, watch kids, and more. Tap into your skills and your interests to determine what you would like best and what would give you the most financial opportunities.

You can work in the evenings and on your days off. The more you can make, the faster you can get rid of your debt.
You have a lot of options for debt relief, depending on how much effort you want to put in and how much time you have. But the longer it takes for you to pay down your debt, the more you will ultimately spend on accumulated interest and fees, and the more your credit history will suffer. Filing for bankruptcy in Gilbert can give you fast debt relief, eliminating much of your debt and helping you get a fresh start.

If you are struggling with debt, call Gilbert Bankruptcy Lawyers to learn more about debt relief through bankruptcy. Our experienced bankruptcy lawyers will analyze your financial situation and make targeted recommendations for getting maximum debt relief in the shortest amount of time. We represent individuals who want to file Chapter 7 or Chapter 13 bankruptcy, as well as business clients. Call us today to talk with a bankruptcy attorney about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Save Money

Credit Counseling and How it Can Improve Your Post-Gilbert Bankruptcy Slump

Credit Counseling and How it Can Improve Your Post-Gilbert Bankruptcy Slump

When you file for bankruptcy, whether it’s Chapter 7 bankruptcy or Chapter 13 bankruptcy, you will have to take a credit counseling course. During the course, you will learn the pros and cons of bankruptcy, and you will learn about alternatives for debt relief. As you near the close of your bankruptcy case, you will be required to attend another counseling session that will focus on overall financial literacy.

Credit counseling is not just a requirement that you have to make yourself get through to complete your bankruptcy. It is a useful tool that can help you recover from your bankruptcy filing more quickly. Here are a few ways that credit counseling can help you get out of that post-bankruptcy slump faster:

Save Money

Create a Budget

Budgeting can help you stay within your means. You know exactly what you owe each month and exactly how much you make – and you know exactly how much is left over for fun stuff. You can see in black-and-white how much you have to put toward payments, such as for financing or for paying off a credit card. That can help you make better decisions about large purchases since you’ll know exactly how long it will take to pay it off.

Learning how to make a proper budget can help you establish good spending practices, as well as to identify and achieve long-term financial goals.

Develop Emergency Plans

You never know when an emergency strikes. In fact, the majority of people who file for bankruptcy do so because of an unexpected emergency, like losing a job, becoming ill or injured, or having a spouse die. Divorce can also take people by surprise and can cause huge financial problems.

Credit counseling courses required for bankruptcy teach you about the importance of having emergency plans, as well as teaching about how to develop them. You will learn how to develop an emergency fund, as well as how to get emergency help without resorting to credit cards or other debts.

Learn Smart Use of Credit

Sometimes, you have to use credit to get what you need. We don’t all have hundreds of thousands of dollars saved to buy a house after all. But it’s easy to get carried away with credit, so bankruptcy courses teach you about the smart use of credit to meet your goals without suffering setbacks.

You’ll learn about how the different interest rates work, smart strategies for paying off your credit cards when your balances get too high, and how different factors concerning your credit cards affect your overall credit score.

Understand Credit History and Score

Many factors contribute to your credit history and your credit score, and understanding these can help you make smart choices about credit so that you can get the best interest rates. Your bankruptcy credit counseling courses will help you understand these issues inside and out so that you can always make informed choices about the use of credit. The hope is that you’ll never run into problems with debt again because you didn’t realize the consequences of certain decisions.

Don’t drag your feet about the credit counseling courses, and don’t view them as punishment for filing for bankruptcy. Attend them enthusiastically and take advantage of the opportunity they offer to become more financially literate so that you can make smart choices for your future. You may have got into trouble with debt due to no fault of your own – such as after a job loss – but that doesn’t mean you can’t learn tips that will make you more financially savvy in the future. We can all benefit from that!

If you are struggling with debt, call Gilbert Bankruptcy Lawyers today. We help individuals and businesses apply for the debt relief they need through bankruptcy protection. A bankruptcy lawyer from our team will analyze your financial situation and help you understand the best course of action. Your lawyer will also help you understand the alternatives, as well as the pros and cons of each. Our goal is to help you get the financial relief you need to start over. Call us in Mesa today to talk to a bankruptcy attorney about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

How You Can Recover Your Financial Freedom after a Gilbert Bankruptcy

How You Can Recover Your Financial Freedom after a Gilbert Bankruptcy

One of the biggest worries many people have about filing for bankruptcy is that they won’t be able to get credit again. They worry that they’ll have this big, black mark on their credit history that will follow them for years and years, making it impossible for them to get a credit card or buy a house.

The truth is that bankruptcy in Gilbert will deal a blow to your credit, but any bankruptcy lawyer will tell you that you don’t have to wait the seven to 10 years that the bankruptcy stays on your credit report to get the credit you need. You can take steps immediately after your bankruptcy discharge to start rebuilding your credit quickly. Here are a few things you can do:

Bankruptcy

Save Money

Information from your bank is reflected in your credit score. If you are constantly coasting just above zero, your credit score is going to plummet. But if you are sitting on $50,000 all the time, your score is going to rebound.
You aren’t going to have $50,000 in savings if you just filed for Gilbert bankruptcy, but anything you can save will boost your score over time. Save what you can each paycheck, even if it’s just a couple of dollars.

Get a Better-Paying Job

You probably think of your credit report of a list of accounts, followed by details on whether your payments were on time or not. While it’s true that your report consists mostly of that, it also include information about where you live and where you work. Your credit score also reflects your income.

If the ratio of your debts to your income is low, your credit score will rise. You can start helping your credit score – and your overall financial picture – by getting a better-paying job. Talk to your boss about getting a raise or a promotion, and shop for jobs if you can’t do that.

Pay Your Bills on Time

You may not be able to get new credit yet, but you likely still have a phone and car insurance. You may even have kept your house in the bankruptcy and are still paying a mortgage. All of these bills are reported to your credit, and if you are late on any payments, you will bring your score down even more. Ditto for your student loan and any other debt you weren’t able to discharge.

Every on-time payment will build a positive credit history that will slowly raise your score. Make sure you pay those bills on time, every time. It’s one of the best things you can do to restore your credit.

Keep Credit Applications to a Minimum

Every time you apply for a new line of credit, there is a hard inquiry on your credit report. But even getting pre-approved or just checking out rates can land a soft inquiry on your credit report. The more you have of either kind of inquiry can bring your score down fast. The more hard inquiries you have, the worse the damage.

Don’t apply for credit unless you are sure your credit is ready for you to get approved. Then keep your applications to one at a time, and space them out. Try for no more than one a month – if that.

Open a Small Credit Card

There are many credit cards available for those who have bad credit or who have a short credit history. These cards usually have a low limit in order to minimize the liability to the lender. You can open one of these cards to start showing a positive credit history without putting yourself at risk of racking up too much debt.

Apply for gas cards, store credit cards, and credit cards backed by a deposit in your bank. Stick with one card, and pay off the balance each month. Use this card only to build up your credit score – do not let yourself become dependent on credit and risk getting into financial trouble.

Be Consistent

The best thing you can do to improve your credit is to be patient and consistent. Even one slip-up can set your credit score back a couple dozen points. But positive gains can be incremental. It might not seem like you’re making much progress, but in a year or less, you will significant improvement.

You need good credit to achieve financial freedom (unless you’re independently wealthy, which you are not if you just filed for bankruptcy). Credit allows you to get the best rates, and it offers you an option in times of emergency. You can rebuild your credit quickly after a bankruptcy by following these simple steps.

If you are currently struggling with debt, call Gilbert Bankruptcy Lawyers to learn how filing for bankruptcy may offer you the debt relief you need. We help you learn about Chapter 7 and Chapter 13 bankruptcy, and help you determine which would be right for you. We also represent business clients. Call us in Gilbert to talk to a bankruptcy lawyer today.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Gilbert Bankruptcy

The Pros and Cons of Filing for Bankruptcy in Gilbert: What are the Risks?

The Pros and Cons of Filing for Bankruptcy in Gilbert: What are the Risks?

You may be struggling with debt, and you may know that bankruptcy can offer you immense debt relief. Yet you may not be sure that filing for bankruptcy is the right choice for you. You may have heard misinformation about bankruptcy, or you may be worried about the potential risks of filing for bankruptcy. Or you just may not understand the extent of the benefits that bankruptcy offers.

It’s important for you to talk to a Gilbert bankruptcy lawyer about the extensive pros and cons of filing for bankruptcy so that you can make the right choice for your circumstances. Here’s a closer look at what some of those pros and cons are:

Gilbert Bankruptcy

Pros

Eliminate Debt

The biggest benefit of filing for bankruptcy, by far, is that you can eliminate debt. If you file for Chapter 7 bankruptcy, you can get rid of an unlimited amount of credit card debt, medical bills, and other unsecured debts. If you file for Gilbert Chapter 13 bankruptcy, you may be able to discharge some debt after you have finished your affordable repayment plan, which is based on your income and your debts.

Depending on your circumstances and the type of bankruptcy you file, you could be free of debt in as little as a couple of months.

Stop Foreclosure and Wage Garnishment

Once you get in over your head in debt, you start getting calls and letters from creditors constantly asking you to pay your debt. But if you had the money, you would pay. After a while, creditors may turn to other methods to satisfy the debt, such as beginning foreclosure proceedings on your home or garnishing your wages.

Filing for bankruptcy puts a stop to these collection efforts. You shouldn’t be contacted by creditors again, and your wages will no longer be garnished. You may even be able to come current on your house payments under a Chapter 13 bankruptcy plan or by clearing up money under a Gilbert Chapter 7 bankruptcy filing.

Easily Rebuild Credit

Many people worry that if they file for Gilbert bankruptcy, they will never get credit again. The truth is that a bankruptcy can stay on your credit record for seven to 10 years, but you can start getting approved for credit in as little as a year of your bankruptcy discharge. By making good choices and being consisted, you can start getting the credit you need quickly.

Maintain Assets

Another thing that many people worry about when filing for bankruptcy is whether they will lose essential assets, such as their house or their vehicle. Fortunately, Chapter 7 bankruptcy has exemptions for assets, which will allow you to keep these things if they do not exceed a certain value.

Cons

Stigma

Of course, there are some perceived drawbacks to filing for bankruptcy, and the stigma is one of them. Many people think that bankruptcy is only for “losers” and those who can’t make good decisions about money. However, the truth is that many people file for bankruptcy due to circumstances beyond their control, such as being laid off or getting ill or injured. But no matter what reason you have for filing for bankruptcy, it’s your business and it’s your right. No one has to even know that you filed for bankruptcy unless you tell them.

Credit Woes

As mentioned above, bankruptcy will cause a hit to your credit, and it will stay on your credit report for a long time. However, you can quickly build up your credit score and get approved for credit if you make good choices. You could buy a car or a house in as little as two years after filing for bankruptcy. Work with a financial advisor if you aren’t sure how to get back on the straight-and-narrow and stay there.

There are pros and cons to any decision, and it’s important you weigh them all to make sure that you are making a good decision. When it comes to bankruptcy, the pros usually outweigh the cons. It offers you the chance to get fast relief from overwhelming debt with few drawbacks. Talk to an experienced Gilbert bankruptcy attorney to learn more about bankruptcy and how it may be able to help you.

Gilbert Bankruptcy Lawyers can help you get the debt relief you need through bankruptcy. We’ll carefully analyze your finances and make recommendations about the best way forward to deal with your debt. We represent individual and business clients, and we can file both Chapter 7 and Chapter 13 bankruptcy for individuals. Contact us in Gilbert today to talk to a bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Credit Card

Credit Card Debt: Is a Gilbert Bankruptcy the Right Course of Action?

Credit Card Debt: Is a Gilbert Bankruptcy the Right Course of Action?

Credit card debt is often what sends many people running to a bankruptcy lawyer. But even those who don’t file for bankruptcy still struggle to get a handle on credit card debt. The average American now owes $5,700 to credit cards, while Arizonans owe an average of $7,100. Maybe it’s the rising cost of living in the state that’s causing so many to rely on their credit cards.

If credit card debt is overwhelming your budget and pushing your finances to their breaking point, filing for bankruptcy may be the best course of action. Before you decide, you should meet with an experienced Gilbert bankruptcy attorney who can thoroughly review your finances and help you understand your rights and options.

Credit Card

Chapter 7 or Chapter 13?

Individuals have two options for filing for bankruptcy: Chapter 7 or Chapter 13 bankruptcy. Both will offer debt relief, but they work in very different ways.

Most people who talk about bankruptcy are thinking of Gilbert Chapter 7 bankruptcy. This is the type of bankruptcy that gives you the “clean slate” by discharging most of your debts. Unsecured debts like credit cards and medical bills can be discharged, so long as you meet the qualifying criteria.

In Gilbert Chapter 13 bankruptcy, your attorney works with you and the bankruptcy trustee to develop an affordable repayment plant to your creditors. You pay one payment for all your debts each month, and you get a lower interest rate. You pay under the plan for three to five years, and some of your debts may be discharged at the end of that time. If you are paying back credit cards under a Chapter 13 debt restructuring plan, you will end up paying much less and pay the cards off faster.

Exceptions

Not all your debt can be discharged through bankruptcy. If you qualify for Chapter 7 and are primarily focused on discharging credit card debt, the good news is that there is no limit on the amount that can be discharged. You can have tens of thousands of dollars in credit card debt that is wiped away within a few months of filing.

However, you need to watch your spending patterns before you file for bankruptcy. Some people decide they are going to file for bankruptcy and then they run up their credit cards in anticipation of not having to repay that debt. If the court sees that you have spent a lot of money on your credit cards in the months prior to the bankruptcy, that debt may be excluded from discharge, or you may be charged with fraud. For example, maybe you were buying clothes, but you bought a lot of designer clothes or you bought enough clothes to last you a year, that would look suspicious to the court.

Once you start thinking about filing for bankruptcy, you should put a halt to your spending and talk to an experienced bankruptcy attorney right away.

Filing for Bankruptcy

You really need to meet with an experienced Gilbert bankruptcy attorney to determine if filing for bankruptcy is going to be the best course of action to deal with your mounting credit card debt. You need a bankruptcy expert to look over your finances and to explain how the different chapters would best benefit you. An attorney will also help you determine if you meet the Means Test to qualify for Chapter 7 bankruptcy to discharge all that credit card debt. You may need to consider Chapter 13 bankruptcy if you make too much money or have too many assets that you don’t want to lose to creditors.

If you are struggling with credit card debt and don’t see an end, call Gilbert Bankruptcy Lawyers today. We are a trusted, low-cost bankruptcy firm that is committed to helping you get the debt relief you need. We can help put a stop to harassing phone calls and debt collection measures, such as wage garnishment. We can help you get fast debt relief through Chapter 7 bankruptcy, or we can help you get your debts on a more affordable payment plan under Chapter 13 bankruptcy. Call us today to schedule a consultation with an experienced bankruptcy lawyer in Gilbert.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

How Does Filing for a Gilbert Bankruptcy Effect My Tax Refund?

How Does Filing for a Gilbert Bankruptcy Effect My Tax Refund?

Filing for bankruptcy can clear out a lot of overwhelming debt that you have been struggling to pay. But you can’t just declare that you are unable to pay and have the bankruptcy court discharge all your debt. You have to submit your finances for analysis, and the court will decide whether you are truly able to pay some or all of your debt or not.

Income is included in this financial analysis, but it is not the only thing the court considers when determining your ability to pay your creditors. The court will also look at assets like your home and your car, as well as savings like retirement accounts and stock. If you are expecting a tax refund or you have received one within a certain amount of time of filing for bankruptcy in Gilbert, you may also have to use your refund to pay your creditors.

Chapter 7 vs. Chapter 13

A big factor in whether you get to keep your tax refund after you file for bankruptcy is what kind of bankruptcy filing you choose. Chapter 7 bankruptcy is the type that most people have in mind when they file for bankruptcy, and it is the one that discharges most of your debt with no repayment. Whether you will have to use your tax refund to pay your creditors depends on when you file for bankruptcy.

If you file for Gilbert Chapter 13 bankruptcy, your tax refund will be used to pay your creditors as part of your repayment plan. This can continue over the course of the plan.

Timing of Your Filing

To keep your tax refund, you’ll need to work closely with a Chapter 7 bankruptcy attorney to determine the right time to file for bankruptcy. Whether you get to keep your refund depends entirely on timing.

If you receive a refund for the tax year prior to the year of your bankruptcy filing, you will have to turn that refund over to the bankruptcy trustee to pay your creditors. Your refund will be seen as money you had in “savings” throughout the year since it was money you had to pay but was not ultimately needed for those taxes.

If you receive a refund for the same tax year as your Gilbert bankruptcy filing, you will get to keep part of that refund. You will keep the part of the refund that is from taxes that you paid in the months following the bankruptcy filing. The remainder of the refund will be taken by the bankruptcy trustee to pay your creditors.

Spending Your Refund

You may be able to keep your tax refund by spending it before you file for bankruptcy. Just be careful what you spend it on! If you spend it on frivolous or luxury items like a trip, the bankruptcy court may feel like you intentionally diverted assets to avoid paying creditors. Spend it only on things that are deemed necessary living expenses, such as rent and food.

Don’t think that just because the refund is gone, the issue is settled. The court can try to get the money back if it decides you have spent it inappropriately.

In many cases, you can file for Chapter 7 in Gilbert and keep the few assets that you have, such as your home and your car. However, if you received a tax refund, expect that to be claimed for paying your creditors. The best thing you can do to keep as much money in your pocket as possible is to work with an experienced Chapter 7 attorney who can help you determine the right timing for filing your taxes and who can create an overall strategy that will get you the best results.

Gilbert Bankruptcy Lawyers are ready to do just that for you. We help our clients create a strategy that will get them the maximum debt relief while also retaining the maximum amount of assets, including cash. We help both individual and business clients on all types of bankruptcy filings. It is our goal to help you get the fresh start you need so you can start taking back control of your finances. Call us in Gilbert today to set up a consultation with one of our dedicated bankruptcy attorneys.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

The Ultimate Guide to Debt Discharges in a Gilbert Chapter 7 Bankruptcy

The Ultimate Guide to Debt Discharges in a Gilbert Chapter 7 Bankruptcy

Filing for bankruptcy can be a smart financial move and the best way to deal with overwhelming debt. Within just a few months, you can be free of all your unsecured debt, such as credit cards and personal loans. You don’t have to worry about creditors calling and harassing you all the time, and you don’t have to stress about how you’re going to come up with the money to pay your bills each month.

Chapter 7 bankruptcy can offer you the maximum debt relief if you qualify. Here’s what you need to know about debt discharge in a Gilbert Chapter 7 bankruptcy:

Understanding the Debt Discharge

“Debt discharge” is industry speak for the elimination of debt in a bankruptcy filing. When a debt is discharged, you no longer have to pay for it. Creditors no longer have the right to ask you to pay, and they have no recourse for collecting, such as garnishing wages.

In a Chapter 7 bankruptcy, most unsecured debts are discharged. In a Chapter 13 bankruptcy, debts are reorganized under a repayment plan that lasts three to five years. You may be able to discharge some of the debt at the end of the plan, but the focus is on repayment.

What Debts are Discharged under Chapter 7

Chapter 7 bankruptcy focuses on unsecured debts. These are the debts that are not backed by collateral, such as the home or vehicle you are financing or the valuables you put down for a pawn loan. The most common type of unsecured debt is a credit card balance. Other unsecured debt includes medical bills and personal loans.

There is no limit on the amount of debt that can be discharged under a Chapter 7 bankruptcy. That means that if you have run up excessive debts, filing for bankruptcy can give you a fresh start.

Debts that are Not Discharged under Chapter 7

You can’t discharge all your debts with a Chapter 7 bankruptcy filing. There are some debts you can’t ever get out of paying. At the top of the list are debts you owe to the government, such as student loans, back taxes, and criminal fines and restitutions. You also won’t be able to discharge any money you owe for alimony or child support. You’ll have to talk to an attorney about filing a modification for those orders if you are not able to pay.

Even though Chapter 7 bankruptcy can’t discharge these debts, it can still free up the money for you to pay them. Without having to pay those credit card or medical bills, you will have more money each month that you can funnel into your secured debts and those that can’t be discharged. You can even catch up on the back amount that you owe. That can save you from piling up more fines and penalties, as well as from facing any more serious consequences (such as going to jail if you don’t pay your child support, among other things).

Filing for Chapter 7 bankruptcy can give you the fresh start you need after becoming mired in debt with seemingly no way out. It’s important that you meet with a bankruptcy lawyer to talk through your options and find out whether Chapter 7 or Chapter 13 bankruptcy would be right for you. You should choose the option that will give you the maximum debt relief so that you can move forward quickly, free of as much debt as possible. Your attorney will help you get on a fast (er) track to the life you have been wanting.

Gilbert Bankruptcy Lawyers can help you determine how bankruptcy can help you get the debt relief you want. Our dedicated attorneys will analyze your personal finances to help you understand whether you qualify for Chapter 7 bankruptcy protection and what you can expect. We can put an end to the harassing phone calls you’ve been receiving, wage garnishment, and more. If you need to file for Chapter 13 bankruptcy, we’ll help you get an affordable repayment plan that will it easier for you to regain control of your finances. Call us in Gilbert today to talk to an experienced bankruptcy attorney who’s ready to help you.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Vital Ways Filing for Gilbert Chapter 7 Bankruptcy Can Help

Vital Ways Filing for Gilbert Chapter 7 Bankruptcy Can Help

A lot of people avoid bankruptcy because of the stigma attached to it. They don’t want to feel like they have “failed” or that they are “irresponsible.” But the truth is that bankruptcy in Gilbert is a legal right that is offered to those who are struggling with debt. There is nothing embarrassing or shameful about taking advantage of this right.

There are many ways that filing for bankruptcy can help you. Here are a few vital ways that filing for Chapter 7 bankruptcy in Gilbert can help, especially:

No Repayment Plan

There are actually two types of bankruptcy: Chapter 7 and Chapter 13. When you file for Chapter 13 bankruptcy, you will be developing a plan with your bankruptcy attorney to repay your debt over a three- to five-year period. The debt will be consolidated under one payment, and your interest rate will be lower, which will help you save money.
When you file for Chapter 7 bankruptcy, there is no repayment plan. All the debts that qualify are discharged, and you will never have to think about them again.

A Clean Slate

So what happens to debts under Chapter 7? They are discharged. That means that the slate is wiped clean. You don’t repay the debt, and the debt does not remain on your credit report.

A successful Chapter 7 bankruptcy filing will discharge all your unsecured debt, such as credit cards, medical bills, and personal loans. It will not discharge student loans, back alimony or child support, tax debt, or criminal fines or restitutions. However, with the money you’ve cleared up from credit card and other bills, you may now have the money to pay those other debts that can’t be discharged.

No Debt Limits

You can have $100,000 in credit card debt and still discharge all of it. There is no limit to the amount of debt that can be discharged under a Chapter 7 bankruptcy filing. You don’t have to worry that your debts have gotten so out of control that not even bankruptcy can save you. So long as you meet the Means Test to qualify for Chapter 7, you can discharge the debts, no matter how large they have grown.

Protection of Future Income

You don’t have to worry that your debtors will come calling for your future income or bonuses after your bankruptcy case is discharged. If you buy a car or get a big bonus at work, that will be yours to keep.

In some extreme cases, some of your assets may be up for grabs after your bankruptcy. For example, if you get a big inheritance, life insurance payout, or big divorce settlement within six months of your bankruptcy discharge, you may have to use some of it to pay back your debtors.

Fast Discharge

A Chapter 13 bankruptcy filing takes three to five years to complete. However, your debts can be totally discharged within two to three months of filing for Chapter 7 bankruptcy. You can get the fresh start you need in as little time as possible – without winning the lottery. You can totally turn your life around with a Chapter 7 bankruptcy filing.

If you are struggling with debt, talk to a Gilbert bankruptcy lawyer about how a bankruptcy filing might be able to help you. If you qualify for Chapter 7 bankruptcy, you can get a fresh start fast. But even if you need to file for a Chapter 13 bankruptcy, which provides debt restructuring, you can get a better handle on your debts and start taking back your finances. You can rebuild your life much more quickly than if you had continued to toil at paying off the debts yourself.

Gilbert Bankruptcy Lawyers can help you learn more about the bankruptcy process and whether it’s right for you. We work with individual and business clients, and we start with a complete review of your finances to help you understand the best strategy to get the maximum financial relief. If you decide to continue, we’ll create a strong bankruptcy filing that will increase your chances of success. Contact us in Gilbert today to talk with one of our experienced bankruptcy lawyers about your situation.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

4 Ways Chapter 13 Bankruptcy in Gilbert Can Help You

4 Ways Chapter 13 Bankruptcy in Gilbert Can Help You

A lot of people don’t know that there is more than one type of bankruptcy. When most people think of bankruptcy, they are thinking of Chapter 7 bankruptcy in Gilbert, which eliminate unsecured debts like credit cards if you qualify. This is the “clean slate” option that most people have in mind when they think of bankruptcy.

Chapter 13 is another bankruptcy option for those who can’t qualify for Chapter 7 Gilbert bankruptcy or who own a lot of equity in their home or other personal assets. There are a lot of ways that Chapter 13 bankruptcy can help you. Here are just four:

Create Affordable Payments

You may owe money to multiple creditors, adding up to huge payments every month. You may be able to pay some of them, but not all of them. So you either choose which ones you want to pay one month and add up interest and fees on the other, or you underpay all of them and incur interest and fees across your accounts.

When you file for Chapter 13 bankruptcy in Gilbert, your bankruptcy lawyer helps you to negotiate a repayment plan that consolidates your debts into one monthly payment. The payment is determined based on your ability to pay, so it is much more manageable. You can also count on the payment remaining fixed over the course of the repayment plan.

Put a Cap on Payments

When you owe a creditor, the interest and fees just keep adding up until you have completely paid off the debt – even if it takes you 10 or 20 years to pay it off. However, when you pay under a Chapter 13 restructuring plan, you only pay for three to five years. At the end of the repayment plan, you are done with those debts for good.

Entering into a Chapter 13 repayment plan puts an end in sight. You don’t have to toil under debt for years without knowing when it will end.

Eliminate Some Debts

At the end of your debt repayment plan under a Chapter 13 bankruptcy filing, those debts can be eliminated. Certain debts, like your house or car loan, will need to continue to be paid so that you can continue to keep those items. However, others, like credit cards and medical bills can be discharged at the end of the repayment term. The courts just want to ensure that you have paid what you have been deemed able to pay.

Avoid Foreclosure and Repossession

By the time many people turn to bankruptcy, they are often facing serious consequences, such as the foreclosure of their home or the repossession of their vehicle. Filing for Chapter 13 bankruptcy may be able to help you avoid foreclosure or repossession.
The repayment plan under a Chapter 13 bankruptcy can be designed to bring you current on your payments for your home or your car. Filing for Gilbert bankruptcy will be a halt to collection procedures, including foreclosure or repossession. The repayment plan can help you get caught up, and it can help you free up money that was going toward other debts so that paying your mortgage or car loan is not so difficult.

There are a lot of benefits to filing for Chapter 13 Gilbert bankruptcy. It may not be the “clean slate” that many people think a Chapter 7 filing is, but it can help you dig yourself out from overwhelming debt. You can finally put an end to harassing calls from creditors, and you can get a steady handle on your finances. By the time the repayment period is over, you should have a much stronger and healthier financial picture.

Call Gilbert Bankruptcy Lawyers today if you are struggling with debt. We’ll help you learn more about bankruptcy and whether it might be the right option for you. Our bankruptcy lawyers represent personal and business clients, and they are ready to help you get debt relief as quickly as possible. Call us today to talk with a bankruptcy attorney about your unique financial circumstances and what your options might be. We’ll help you decide on the best course of action to meet your goals by explaining your legal rights and options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Dont-trust-payday-loans-it-could-mean-bankruptcy-for-you.

Dont Trust Payday Loans It Could Mean Bankruptcy for You

Dont Trust Payday Loans It Could Mean Bankruptcy for You

Payday loans come with big promises. They claim to help you out of a tight spot when you’re short on funds. You can borrow a little bit of money just to get you through to your next paycheck. In theory, it’s just like borrowing money from a friend, but without the awkwardness that can cause problems in your friendship. Plus, you have to pay back the money with interest.

Sounds pretty good, right? For many, it does. Then they are surprised when they find that the payday loan actually causes them more problems. In fact, it can worsen their financial problems or set off a cascade of problems that can ultimately lead to bankruptcy in Gilbert. Here’s what you need o know:

Dont-trust-payday-loans-it-could-mean-bankruptcy-for-you.

How Payday Loans Work

Payday loans are advertised as an advance on your next paycheck. But really, they are personal loans based on your income. You show a pay stub (or a certain number of pay stubs) to prove that you have a steady income, as well as to prove how much money you make. You either request the amount you want, or the lender offers you an amount based on your income. Many lenders will give you the full amount of your expected paycheck.

Many times, the lender asks for your bank account information to deposit the loan funds directly into your account. You will owe the money you borrow on your next pay date, including interest and fees. Some lenders take the money directly from your bank account, and others ask you to write a post-dated check for the amount.

How Payday Loans Lead to Debt

Of course, you would expect any loan to come with interest. But what you might not expect is just how much interest you will be charged for a payday loan. Lenders charge as much as 400 percent interest. These are short-term loans, so they make their money on the high interest rates and fees.

Those kind of fees just make more problems for you. If you have the money in your account to cover the fees, your account will be drained once the loan becomes due. You won’t have the money that you need to cover your expenses, which means that you’ll have to continue borrowing to stay afloat. You’ll just be kicking the can down the road.

Many people don’t have the money available to cover the high interest rates when the loan becomes due. They end up with overdraft fees from their bank, or they have to extend the loan, which results in interest fees piling up over time. You may feel like you will never pay off the loan.

Debt Relief through Bankruptcy

You may have to take on other lines of credit to pay off your payday loan or to pay off other expenses while you are paying off your loan. Eventually, you may become overwhelmed by debt. You may have to sell things to pay off debts, or your creditors may start seizing items to satisfy your debts.

Filing for bankruptcy can provide fast debt relief. If you file for Gilbert Chapter 7 bankruptcy, you can have your unsecured debts eliminated, such as credit cards and payday loans. If you file for Gilbert Chapter 13 bankruptcy, you can have your debts restructured into a more affordable payment plan that is designed around your income and your personal expenses.

The best thing you can do is talk to an experienced Gilbert bankruptcy attorney to review your personal financial details and to determine the best course of action. Your attorney can help you understand if Chapter 7 or Chapter 13 would be best for you, or if you need to consider another path to debt relief.

Contact Gilbert Bankruptcy Lawyers to learn more about bankruptcy and to find out if it’s right for you. Our bankruptcy law office handles personal and business bankruptcy filings, and we can help you get the debt relief you need fast. Your Gilbert bankruptcy lawyer may be able to help you eliminate your debt, put a stop to harassing creditor phone calls, and stop wage garnishments and other debt collection action. Call our bankruptcy law office today to speak to a bankruptcy attorney about your situation.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Wage Garnishment

Wage Garnishment and Gilbert Bankruptcy: How to Stop It

Wage Garnishment and Gilbert Bankruptcy: How to Stop It

We’ve all been in a tight spot on occasion. The bills are coming in, but the money isn’t there immediately to pay them. We may juggle the bills, paying one thing one month and another the next, until we can catch up.

But some of us get so far behind that we can’t catch up. We turn to credit cards to help us, and then we can’t pay the credit cards, and we get buried under the outrageous interest. Trying to get a handle on debts can feel like trying to bale out a sinking ship by dumping out buckets of water. The problem is coming at you a lot faster than the solution.

Wage

If you don’t take other action, that kind of debt is going to lead to more problems for you. Creditors will start calling you constantly to try to get you to pay up. You may be able to negotiate a payment plan in some cases, but you may not have any options if the debt grows too large or the problem goes on for too long. Soon, your creditors may start to garnish your wages to get what you owe, which can be embarrassing and can cause you many more problems. How are you going to get out from under debt and start taking back your finances if your paycheck is being siphoned off?

How Creditors Garnish Wages

First, you need to understand what has to happen for creditors to take money from your paycheck. Creditors can’t just decide they want to take your wages and then tell the bank how much they want. They have to go through certain steps.

Creditors must first seek a court order to get a wage garnishment in Gilbert. They have to show how much you owe, what measures have been taking to get you to pay the debt, and other information to get the court to approve the order.

Creditors also have to ask for a specific amount to be garnished, which has its limits. What the courts will allow creditors to garnish depends on how much money you take home each week, how much money you owe and what type of debt it is, and how much you make over the federal minimum wage.

Stopping Wage Garnishment with Bankruptcy

Filing for Gilbert bankruptcy triggers what’s known as the “automatic stay,” which prohibits creditors from contacting you or continuing their collection efforts. The automatic stay goes into effect whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy.

While the automatic stay is in effect, the bankruptcy court will analyze your filing to determine if you should be required to pay anything to your creditors and, if so, how much. If you are granted a Chapter 7 bankruptcy discharge, your unsecured debts will likely be eradicated, such as your credit cards and personal loans. If you are granted a Chapter 13 bankruptcy discharge, you will have a debt repayment plan that is based on your ability to pay.

Before you file for bankruptcy, you should talk to an experienced bankruptcy lawyer about the right strategy for your circumstances. You must meet certain eligibility criteria to file for Chapter 7 bankruptcy, including an income limit. There will also be a limit on how much equity you can have in assets that you want to keep, such as your home, if you want to file for Chapter 7 bankruptcy.

Therefore, you should review your situation in detail to determine what kind of bankruptcy filing will bring you maximum debt relief and help you reach your financial goals.

If you are thinking of filing for bankruptcy, Gilbert Bankruptcy Lawyers can help. Our attorneys help individuals and businesses with Chapter 7 and Chapter 13 bankruptcy filings. We’ll help you understand your legal options and how they may be able to help you reach your financial goals. We may be able to help you stop debt collection efforts, put an end to wage garnishment, and stop harassing phone calls from your creditors. We may even be able to help you eliminate your debt. Call us in Gilbert today to talk with one of our experienced bankruptcy attorneys about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

File For Chapter 7 Bankruptcy

The 5 Requirements of a Chapter 7 Bankruptcy in Gilbert

The 5 Requirements of a Chapter 7 Bankruptcy in Gilbert

Chapter 7 bankruptcy in Gilbert can help you get the fresh start you’ve been hoping for when you are mired in debt. It can get rid of those excessive credit card bills, outrageous personal loan debts, and even medical bills. Once the filing is complete, the debt is discharged, and you never have to pay another penny.

Sounds pretty great, right? If you can qualify for Chapter 7 bankruptcy, it can be that great. But first, you have to qualify. Here are the five requirements for filing for Chapter 7 bankruptcy in Gilbert:

File For Chapter 7 Bankruptcy

Previous Bankruptcy Filing

Individuals and business entities can file for Chapter 7 bankruptcy in Gilbert. However, if you have filed for bankruptcy previously, you may not be able to file again within a certain time frame. If you file for Chapter 7 bankruptcy, your case will be dismissed if a previous case was dismissed within 180 day for failure to appear in court or obey a court order. You also will not be eligible to file for Chapter 7 bankruptcy if you received a Chapter 7 bankruptcy discharge within the previous eight years. You have to wait six years if you received a Chapter 13 bankruptcy discharge.

Credit Counseling

Before you can even file for Chapter 7 bankruptcy in Gilbert, you have to complete a credit counseling class. But you can’t just take any class. You have to take a counseling class approved by the U.S. Trustee’s Office. You must also complete this course within 180 days of your filing.

Fortunately, you have options for completing the course. You can find a course to attend in person, or you can even complete the course online or on the phone. You will have to pay for the course yourself, and you will get a certificate upon completion that you will file with your bankruptcy petition.

Income

One of the most important requirements for filing for Chapter 7 bankruptcy is the Means Test. This test looks at how much you make as compared to the median income for your state. Your income includes all sources for the previous six months, including your wages, alimony, unemployment compensation, and other sources.

The means test also looks at your disposable income each month to determine what you can pay toward your debts. This is where the test can get complicated, but basically, you subtract your allowable expenses from your average monthly income, and you compare that result to the eligibility guidelines. If you fail the Means Test and are determined to be ineligible to file for Chapter 7 bankruptcy, you can still file for Chapter 13 bankruptcy to get debt relief.

Debtor Education

The credit counseling course won’t be the only class you have to take. You’ll also have to complete a debtor education course after you file for bankruptcy but before your bankruptcy can be discharged. The course focuses on how to manage money well, including creating a budget, saving regularly, and using credit appropriately. In most cases, you will be able to take a debtor education course from the same company that you took your credit counseling course.

Official Forms

You must follow the rules carefully when filing for your bankruptcy, including using the official bankruptcy forms issued by the U.S. Bankruptcy Court. Beware trying to file for bankruptcy yourself and using forms that claim to be official on random websites. It’s best that you hire an experienced bankruptcy attorney to file your case for you, ensuring that you do not make any mistakes that could cost you more money, delay your bankruptcy discharge, or undermine your case.

If you believe that you meet the eligibility criteria to file for bankruptcy in Gilbert, you should meet with a trusted and experienced bankruptcy attorney near you to learn more. Only a qualified attorney can help you understand the ins and outs of bankruptcy, including whether you qualify and how a bankruptcy discharge could impact you, specifically.

Call Gilbert Bankruptcy Lawyers if you are thinking of filing for bankruptcy. Our bankruptcy attorneys will help you learn about your options for getting debt relief. We will review your finances and provide advice about the best path forward for maximum debt relief in the shortest time possible. Call us in Gilbert today to schedule a free consultation with a bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Lawyer With Client

4 Essential Ways Filing for a Gilbert Bankruptcy Can Help You

4 Essential Ways Filing for a Gilbert Bankruptcy Can Help You

Bankruptcy is a powerful tool that can literally change your life, depending on your circumstances. Though there are many negative myths surrounding bankruptcy, filing for this legal debt relief is a smart choice that can mean the start of great things, not the last resort of a failure who is looking at rock bottom.

There are many, many ways that bankruptcy may be able to help you. Here are four of the top benefits of filing for a Gilbert bankruptcy that are likely to have the most impact:

Lawyer With Client

Get Creditors to Leave You Alone

Creditors will start calling you the day after your payment is late. If you have multiple accounts that are late, you may be getting a lot of calls. If you have accounts that are both late and seriously delinquent, you are probably getting calls at all hours of the day, every day. You may have stopped answering the phone, for fear that you may have to talk to another creditor threatening to take action against you.

When you file for bankruptcy in Gilbert, the court issues an automatic stay, which prevents creditors from contacting you about your debts. Your creditors will no longer be able to garnish your wages or take other action to collect on your debt. You will finally be able to breathe a sigh of relief, knowing that you can get through your day without being harassed by creditors.

Protect Your Assets

As your debts continue to pile up, you may worry that your house is in danger. You may think that you will soon have no choice but to sell your home to take care of your debts. Or you may fear that your creditors will eventually seize your home to repay your debts.

Many people fear that filing for bankruptcy in Gilbert will mean that they lose their homes. However, filing for bankruptcy can actually allow you to keep your home. Bankruptcy allows exemptions for certain personal assets. So long as you do not own your home outright or have too much equity built up in it, you will be allowed to keep your home. You will not be forced to sell it to satisfy your debts. The same is true for your car and for other assets you might have.

Stop Foreclosure Proceedings

At some point, you may not be able to pay even for your monthly mortgage. You may have tried working out a plan with the mortgage company, but you may not have been able to satisfy what they want. Now, foreclosure proceedings are upon you.

Filing for bankruptcy will put an immediate stop to foreclosure proceedings. If you are filing for Chapter 13 bankruptcy, you will be able to create a plan for catching up what you owe with the mortgage company so you can keep your house. Filing for Chapter 7 bankruptcy will allow you to relinquish the home to the bank, thus canceling any remaining debt.

Give You a Fresh Start

The biggest benefit that a Gilbert bankruptcy filing can offer is a fresh start. If you file for Chapter 7 bankruptcy, you can get a clean slate with your unsecured debt. You can be completely free of credit card debt, medical bills, and other debts. You can free up hundreds or thousands of dollars per month and live without the stress of burdensome debt. If you file for Chapter 13 bankruptcy, you can finally get your debt into a manageable payment plan so that you can start gaining control of your finances.

Filing for a Gilbert bankruptcy can benefit you in so many ways. Only meeting with an experienced Gilbert bankruptcy lawyer can help you understand all the ways that bankruptcy can benefit you, specifically. Your bankruptcy attorney will review your finances and help you understand what’s possible with bankruptcy.

Gilbert Bankruptcy Lawyers are ready to help you learn about all that bankruptcy can do for you. We help individuals who are interested in Chapter 7 or Chapter 13 bankruptcy, as well as businesses who are interested in filing for bankruptcy. Our attorneys will review your case to help you decide on the right path for the maximum benefits. Call our Gilbert office today to schedule a time to talk with one of our experienced and friendly bankruptcy attorneys. Give you a fresh start.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Filing Documents

Top 5 Myths about Filing for Bankruptcy in Gilbert

Top 5 Myths about Filing for Bankruptcy in Gilbert

You may not know anyone who has ever filed for bankruptcy. And those who have filed bankruptcy usually have only done so once. For these reasons, bankruptcy is rare in most people’s lives, and they tend to get by on conjecture and myth instead of facts and first-hand knowledge. If you are facing financial problems, bankruptcy may be the right choice for you, but you may not even consider it because of the myths you believe.

Here are the top five myths we’ve heard about filing for bankruptcy in Gilbert, along with some information to help you learn the truth so you can decide if bankruptcy is right for you:

Filing Documents

Myth #1: It Will Solve All Your Money Problems

Many people think of bankruptcy as a clean slate. They think that if they file for bankruptcy, they will no longer owe any of the people they owe – credit card companies, the mortgage lender, the car company, the hospital, the student loan company, and even friends and family.

This is not the truth. Chapter 7 bankruptcy is what most people are thinking of when they think of the “clean slate” option, but not even Chapter 7 bankruptcy clears out all debts. Chapter 7 bankruptcy can discharge unsecured debts like credit cards and medical bills, but it cannot discharge secured debts like your mortgage or car loan. It also cannot discharge student loans, child support, and some other financial obligations.

Myth #2: You Will Lose Everything

One reason that many people hesitate to look into bankruptcy when they are in financial trouble is they believe that it will cause them to lose valuable assets like their home or their car. Fortunately, this is not always the case. If you file for Chapter 7 bankruptcy, your assets will be sold to repay your creditors. However, a certain exemption is allowed, which can help you keep your house or car if you do not have much equity built up in them.

If you file for Chapter 13 bankruptcy, you will restructure your debt under a payment plan. You will be able to keep your home and car without worrying about the exemption. Chapter 13 is a better option for those who have built up more equity in their personal property.

Myth #3: You Will Never be able to Get Credit

The second thing that usually holds people back from filing from bankruptcy is they fear they will never be able to get credit again. They think they won’t be able to get credit cards, won’t be able to buy a car, and won’t be able to buy a home. Such thoughts are devastating to many, and they carry on under the weight of debt they don’t have to carry as a result.

The reality is that you will be able to get credit after filing for bankruptcy – a lot sooner than you may think. Many credit cards will start approving you in as little as a year after your bankruptcy is completed, and you can qualify for FHA-backed home loans after just two years. The bankruptcy will be off your credit record entirely after seven years.

Myth #4: It’s the Worst Thing to Happen

Filing for bankruptcy feels like the nuclear option for many. They think that resorting to bankruptcy is the worst thing that will ever happen to them and that they will lose everything and be “ruined.” They will do everything they can to avoid filing for bankruptcy.

The truth is that bankruptcy is far from the worst thing that can happen to a person. In fact, in most cases, it is one of the best things that can happen to them. Bankruptcy can help get you out from under crushing debt so that you can start taking back control of your finances. You can reduce your stress and start doing the things you want much sooner.

Myth #5: You’re a Failure if You File for Bankruptcy

A lot of people think that if you are smart or responsible, you won’t have money problems. Many think that if you have to file for bankruptcy, it means you’re a “failure.”

Bankruptcy is a legal right. Taking advantage of this right is not something that should make you feel bad about yourself. Recognizing the benefits that bankruptcy offers and using it to your advantage is one of the smartest things you can do. That makes you a success, not a failure.

Do not let misinformation and prejudice keep you from filing from bankruptcy to get the debt relief you need. Bankruptcy is a powerful tool, and when used properly, it can change your life for the better. Talk to an experienced bankruptcy attorney in Gilbert about how bankruptcy may benefit you. An attorney can answer all your questions and dispel any other myths you might have.

Gilbert Bankruptcy Lawyers can help if you are thinking of filing for bankruptcy in Gilbert. We’ll answer all your questions, and go over your financial circumstances to help you understand how bankruptcy might impact you specifically. There is no obligation to move forward, so it is worth setting up the meeting so that you have the information to make an informed decision. Call us in Gilbert today to talk with a bankruptcy attorney about your options.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Bankruptcy Lawyer

The Most Common Causes of Gilbert Bankruptcy

The Most Common Causes of Gilbert Bankruptcy

Most people don’t just spend haphazardly and then file for bankruptcy to get out of the trouble they’ve caused. Instead, most people find themselves in circumstances that they are tried to prevent or did not expect when they finally file for bankruptcy. They may have tried to work extra, to cut back on expenses, or to borrow from friends and family to solve their troubles before they turn to bankruptcy.

Unfortunately, bad things happen to good people. Filing for bankruptcy always a sign of a personal failing. Here are some of the most causes we see for people to file for bankruptcy in Gilbert:

Bankruptcy Lawyer

Job Loss

You may have been working at your job for decades. Unfortunately, that doesn’t make you safe. You can still lose your job without notice. The company may be looking for ways to save money, and your fat salary and generous benefits package will start looking pretty good.

Ideally, we would all have an emergency fund that would cover us for at least six months in case of an unexpected job loss. However, few of us have any savings at all, let alone enough to get us through an unexpected job loss. In such a case, many people would turn to credit cards to get by. Filing for bankruptcy in Gilbert can help many get out of the trouble caused by their job loss.

Injury or Illness

You may be out of work for a long time if you fall seriously ill or are severely injured. If you do not have the savings to cover that lost income, you could fall seriously into debt. In addition to lost wages, you may also be faced with thousands of dollars of medical debt.

Declaring bankruptcy may be able to rid you of the debt you incurred while you were not working, as well as the medical debt you may have because of your injury or illness.

Divorce

When you are married, your lives and your finances are combined. When you get divorced, you must adapt to a single life again – and a single income. Yet, by that time, you may have a home and a lifestyle that requires two incomes to support. You may also have children who have more needs than you can provide on one income.

You may try to cut back your expenses or increase your income after a divorce, but you may not be able to do it quickly enough before the debts start to pile up. Your legal fees may make it even harder to get your finances under control, and that may lead you to need to file for Gilbert’s bankruptcy.

Death

Perhaps your spouse dies. You will suffer the same financial losses as you would with a divorce. You may even experience more. If your spouse dies with debts, you will still be responsible for paying them, but you may have only one income and no additional assets. Your spouse may have also been very ill before dying, which will leave you with a lot of medical debt.

Bankruptcy may be able to help you get out of the financial abyss that you find yourself in after the death of a spouse. Or it may help you to get your finances back under control so you can better manage your debts.

Bad Financial Habits

We all make bad choices sometimes. When it comes to bad financial choices, we may not even realize how bad they are until you find yourself in serious debt. That doesn’t mean that you are unintelligent or irresponsible. But it does mean that you need to figure out a way out, and bankruptcy may be the debt solution you need.

Experienced bankruptcy lawyers have seen these scenarios many times. It is important that you recognize that if you find yourself in these circumstances, you should not view bankruptcy as a failure but as an option for getting the debt relief you need. Bankruptcy is a legal right offered to those who need it. You should not eschew this option because you feel personally responsible for your circumstances. Talk to a Gilbert bankruptcy lawyer about how you can get the debt relief you need.

Gilbert Bankruptcy Lawyers can help you understand your options and whether bankruptcy is the right choice for you. Our attorneys represent individuals in Chapter 7 or Chapter 13 bankruptcy, and they represent businesses wishing to file for bankruptcy also. One of our bankruptcy attorneys will review your finances and help you understand the right option and how it can help you. Contact our Gilbert office to talk with one of our bankruptcy lawyers today.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

How Can Your Gilbert Bankruptcy Lawyer Help You

How Can Your Gilbert Bankruptcy Lawyer Help You

You don’t have to hire a bankruptcy attorney in order to file for bankruptcy – but you should. Filing for bankruptcy in Gilbert is a major step, and it can offer you the type of debt relief that can change your life for the better. The ramifications of filing for bankruptcy are too big to try to take on handling it yourself. You need the help of an expert to get the best outcome.

Still not sure? Consider these essential ways that a Gilbert bankruptcy lawyer can help you:

Provide Expert Knowledge of the Law

No amount of reading online articles or even looking at state statutes is going to tell you everything you need to know about filing for bankruptcy. There are just too many variables for every case. Only someone who has spent years studying the law and who has spent even more years practicing in bankruptcy law can provide all the answers to your questions about the law.

Your bankruptcy attorney in Gilbert can help you understand how the law applies to the facts of your case specifically, what assets are vulnerable to possession, how your bankruptcy will affect your small business, the potential for bankruptcy litigation, and much more. You can be sure that you know all the aspects of the law as they relate to your case when you are working with an experienced bankruptcy lawyer.

Offer Tailored Advice

Should you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy? You may want to file for Chapter 7 and get the clean start that it offers, but you may not qualify. Yet you may not know that until you have put a lot of time and effort into your own case. An experienced bankruptcy lawyer near Gilbert can help you understand what type of bankruptcy is best for your financial circumstances and offer you other tailored advice for your case.

Your attorney will help you understand the right strategy to take, what assets you should try to protect, and much more.

Prepare Paperwork Properly and Quickly

Bankruptcy paperwork is not simple. There are a lot of details needed, and it is very easy to make a mistake. Some mistakes will lead to a delay in your case, which will cost you more money, but some mistakes could even land you in legal trouble.

By working with a bankruptcy attorney, you can ensure that your bankruptcy paperwork is filled out properly, which will move your case forward more quickly and protect your rights.

Represent You at Hearings

You will have to attend a few hearings during your bankruptcy process. You will be asked a lot of questions, and the way you answer them could negatively influence your case. When you hire a Gilbert bankruptcy attorney, your attorney will represent you at those hearings instead. Your attorney will answer all those questions so that your rights are protected and you get the outcome you want for your bankruptcy filing. You won’t have to attend stressful hearings, and you can feel confident that your interests are protected while you are away.

Bankruptcy can make a huge, positive influence on your life. But if you try to handle the filing yourself, you can not only lose out on the benefits that bankruptcy offers, but you can also create more problems for yourself. Hire an experienced Gilbert bankruptcy attorney to represent you for your bankruptcy. You will get the information and advice needed to make the right decisions for your goals, and you’ll get competent representation at legal hearings and other proceedings.

Gilbert Bankruptcy Lawyers can help you if you are thinking of filing for personal or business bankruptcy. Our experienced attorneys can help you understand how bankruptcy can help you and what kind of outcome you might expect if you file. Our attorneys will analyze your financial circumstances to help you determine the best path forward, and they will provide feedback and guidance at every step along the way. Our attorneys will file all your paperwork and represent you at all your bankruptcy hearings. Contact our bankruptcy law office in Gilbert today to talk to an attorney about your options for debt relief. You could start on your path to financial relief today.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

Petition To File For Bankruptcy

5 Essential Differences Between Chapter 13 and Chapter 7 in Gilbert

5 Essential Differences Between Chapter 13 and Chapter 7 in Gilbert

You may finally be thinking of filing for bankruptcy after struggling with overwhelming debt for months or even years. Now that you’ve looked around for information about the process, you may have been surprised to find that there is more than one type of bankruptcy. You don’t just file and get a discharge for all your debts. You need to determine the right type of bankruptcy – Chapter 7 or Chapter 13 – and which you qualify for.

Here are five essential differences between Chapter 13 and Chapter 7 in Gilbert to help you decide which is right for you:

Petition To File For Bankruptcy

Debts Discharged

Typically, people think that you file for bankruptcy and all your debts are wiped clear. That’s not actually true. The closest you can get to a total discharge of debt is with a Chapter 7 bankruptcy, which clears your unsecured debts like credit cards and medical bills. Chapter 7 bankruptcy does not discharge your student loans, recent tax debts, and some other types of debts.

With a Chapter 13 bankruptcy, you get a debt restructuring plan, rather than a discharge of your debts. The bankruptcy trustee evaluates your financial resources and determines what you can pay toward your debt. You get a three- to five-year repayment plan that consolidates all of your debts into one payment. Any balance remaining at the end of that repayment period may be discharged. You get debt relief by getting a more manageable payment, freeing yourself of interest, and possibly discharging part of your debt.

Timing

By the time you file for bankruptcy, you probably feel overwhelmed and ready to be done with your debt problems forever. One of the primary advantages of a Chapter 7 bankruptcy filing is that it can offer you fast relief. The entire process can take only a few months from start to finish, and you can be done with a majority of your debt for good.

With a Chapter 13 bankruptcy, you will need to go through those few months while your bankruptcy filing is processing, and then you will have to wait three to five years for your repayment plan to be completed. You’ll get some relief under the consolidated payment, but you won’t have the total relief you want until the repayment period is over.

Retaining Ownership

Many people want to get rid of their debts with bankruptcy, but they want to keep the things they need, such as their home and their car. Under a Chapter 7 bankruptcy filing, any assets you own can be collected and sold to satisfy your debts. There is a certain exemption for assets like your home and car, and many people are able to keep these items if they have not built up a lot of equity.

If you don’t meet the exemption requirements to keep your assets, the better option for you will be to file Chapter 13 bankruptcy, which allows you to retain ownership of all your properties. You can even use the filing to catch up on missed payments if you are in danger of foreclosure or repossession.

Foreclosure

You may start thinking about bankruptcy when things get really bad for you and you are facing the risk of foreclosure on your house or repossession of your vehicle. Unfortunately, filing for Chapter 7 bankruptcy will not protect you from foreclosure or repossession. These are secured debts, and if you are unable to pay what you owe, the lenders have the right to take back that property and sell it to satisfy what you owe.

Only filing for Chapter 13 bankruptcy can help you avoid foreclosure or repossession since it allows you to get on a repayment plan to catch up with what you owe. Filing for Chapter 7 bankruptcy may free up some financial resources to pay what you owe by freeing you from payments to unsecured debts.

Eligibility

Not everyone is eligible to file for Chapter 7 bankruptcy. To qualify, you must pass a “means test” that analyzes your income and your expenses. If you make to much money, you won’t qualify to file for Chapter 7 bankruptcy. If you don’t qualify to file for Chapter 7, you may qualify for Chapter 13 bankruptcy, which will primarily look at your ability to satisfy the repayment plan.

Meeting with an experienced Gilbert bankruptcy lawyer can help you understand more about the differences between Chapter 7 and Chapter 13 bankruptcy and which one might be right for you. Once you have identified the right type of bankruptcy, you can move forward and create a strong filing that will help you get the debt relief you need.

Gilbert Bankruptcy Lawyers may be able to help you. Our expert bankruptcy attorneys will review your finances and give you tailored advice about the right course of action in filing for bankruptcy. We’ll then put together a strong filing to help you get a fast judgement so that you can begin the process of rebuilding your finances. Call us today to talk with a Gilbert bankruptcy attorney about your options.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

A Person Calculating Bills

5 Unfortunate Circumstances that Can Stall Your Gilbert, AZ Bankruptcy

5 Unfortunate Circumstances that Can Stall Your Gilbert, AZ Bankruptcy

Filing for bankruptcy can put an end to your credit problems. It can make your creditors stop calling and harassing you, and it can free up resources for you to pay essential bills like your rent or mortgage and your utility bill. Once you decide to file for bankruptcy, you probably want to do it as fast as possible and start reaping the benefits.

But if you aren’t careful, you can unintentionally do something that will delay your bankruptcy from being finalized. That will prolong your problems. It’s important that you are aware of the things that can cause problems so that you can avoid them. Here are five unfortunate circumstances that can stall your Gilbert, AZ bankruptcy:

A Person Calculating Bills

Failing to Disclose Everything

You may decide to leave out an account on your bankruptcy. For example, you may still have a credit card that hasn’t been maxed out or canceled, and you may want to keep it so you can have it in case of emergency. Or you may leave an asset off your list, thinking that you can save it from collection. However, failing to disclose all of your debts and all of your assets can delay your bankruptcy filing and land you in legal trouble for fraud.

If you have any questions about what debts you have, check your credit report. If you have any questions about which debts to include or what assets you might be able to keep, ask your bankruptcy lawyer.

Failing to File a Tax Return

You may not file a tax return if you don’t have the money for an accountant or you don’t have the money you think you will owe. However, failing to file a tax return can cause you a lot of legal troubles, and it will bring your bankruptcy proceedings to a stop.

If you have an unfiled tax return, talk to an accountant or a tax attorney to determine the best course of action for filing it with the least penalties. If you are worried about paying the money you owe, you may be able to set up a repayment plan. You won’t be able to discharge the debt in your bankruptcy.

Continuing to Use Credit Cards

Some people will continue spending up their credit cards when they know they are filing for bankruptcy because they think that the charges will be written off with the rest of their debt. However, that behavior will be ruled fraud by the courts. You must cease using your credit cards when you file for bankruptcy.
Do not try to open any new lines of credit when you file for bankruptcy, either. You can’t convince the courts that you’re unable to pay your debts when you are opening up new lines of credit or spending more money.

Failing to Get Counseling

You are required to get credit counseling when you file for bankruptcy, as well as to attend and finish a course on financial education. Completing this education is a part of the bankruptcy process, just like filing the paperwork and attending the trustee meeting. If you don’t finish the education, your bankruptcy case will not be able to move forward. Just finish the course and counseling so you can get them out of the way as quickly as possible.

Failing to Get an Attorney

Filing for bankruptcy is a complex process, and you can easily make mistakes and jeopardize your case if you try to handle it yourself. By hiring a Gilbert bankruptcy lawyer, you ensure that every step of the process is completed accurately and that you are protecting your rights. Working with an experienced attorney can also help you understand the process better and what steps you can take for success.

Don’t let poor choices or a lack of information delay your bankruptcy filing or keep you from getting the debt relief you need. Work with a Gilbert bankruptcy attorney and follow all the right steps to ensure the success of your bankruptcy filing.

Gilbert Bankruptcy Lawyers can help you if you are thinking of filing for Chapter 7 or Chapter 13 bankruptcy. We represent both individual clients and businesses. We’ll help you analyze your financial situation and then give you advice about the best way to free yourself of debt. Our attorneys have years of experience helping clients just like you, and we offer affordable services. Call us in Gilbert today to get a free consultation.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com

A Worried Man Calculating His Bills

The Untold Benefits of Filing for a Gilbert Bankruptcy

The Untold Benefits of Filing for a Gilbert Bankruptcy

A lot of people are afraid to file for bankruptcy because they fear what it will mean for their future. They think that bankruptcy will ruin their credit, that they won’t be able to buy a new home or car, or that they may even have problems getting a job. Many people also feel a sense of embarrassment or failure because they let their finances get out of control (even if the circumstances that led to their bankruptcy was no fault of their own).

But even if bankruptcy gets a bad rep, it actually has many more benefits than disadvantages. Bankruptcy is a legal tool for debt relief. It is a legal right afforded those that need it, and it is not something to feel shame about. Besides helping you discharge debt, filing for bankruptcy can have these many other untold benefits:

A Worried Man Calculating His Bills

Improve Your Credit

The fear that many have about bankruptcy is that it will decimate their credit score. But the truth is that even though bankruptcy will be a mark on your credit record, it can actually improve your credit score overall.
Think about this: If you are so in debt that you are unable to pay what you owe, you are going to have a lot of late and missed payments on your credit report. You’re also likely to have a delinquency or two. Those marks will continue to bring down your credit score, month after month and year after year. By filing for bankruptcy, you clear those marks and have just the one. At the same time, you clear up money to pay your other bills and stay current, allowing you to slowly build up your credit again.

Stop Harassment from Creditors

As soon as you file for bankruptcy, a stay is issued that prevents your creditors from calling and harassing you about the money you owe. By the time you file for bankruptcy, you’ve probably been getting a lot of these calls, so it will be a huge relief to be free of the harassment. You can finally get peace of mind and feel good about answering your phone again.

Get Rid of Old Tax Debt

Not much will get the tax man off your back, including filing for bankruptcy. However, if you have a tax debt that’s older than three years, you can likely discharge it in a bankruptcy filing. That can be a huge sum since it has likely racked up a lot of interest and penalties in that time. If you meet the criteria, you can discharge that debt entirely.

You Get Relief to Pay Debts that Can’t be Discharged

Not all debts can be discharged in bankruptcy, unfortunately. Most notably, student loans cannot be discharged, except under the most severe hardship and with the right documentation. However, filing bankruptcy can provide relief for a lot of other debts. When the money you would have paid toward those debts is freed up, you can likely pay off your student loans or other non-dischargeable debt more easily. At a minimum, your creditors should be more accommodating to help you find the right repayment plan or other options so that you are not in default.

You Can Likely Keep Your Home

When you file for bankruptcy, your trustee will add up your debts, as well as your assets. Any assets you have may be sold or distributed to your creditors to satisfy your debts. As such, many people worry that they will lose their home, their car, or other major assets if they file for bankruptcy.

Depending on how much equity you have in these assets, you are likely able to keep your home and your vehicle if you file for bankruptcy. Your bankruptcy attorney can help you understand the guidelines that are used to determine what you can keep and whether your assets will be affected.

Don’t let misconceptions about bankruptcy keep you from getting the debt relief you need. There are many more advantages to filing for bankruptcy than there are disadvantages. Talk to a Gilbert bankruptcy lawyer about whether filing for Chapter 7 or Chapter 13 bankruptcy would be right for you.

Gilbert Bankruptcy Lawyers help both individuals and businesses file for the bankruptcy relief they need. Our attorneys offer a free consultation to help you learn how to be debt free. Our services are affordably priced so that you can move forward with taking back control of your finances as quickly as possible. Contact us today to learn about Chapter 7 and Chapter 13 bankruptcy and which might be right for you.

Published By:
Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Website: https://gilbertbankruptcylawyers.com