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June 2022

Alabama Chapter 7 Bankruptcy Requirements

By Bankruptcy Law, Chapter 7 Bankruptcy, Uncategorized No Comments

 David S. Clark is an experienced Auburn and Opelika Bankruptcy Attorney that understands the intricacies of Chapter 7 Bankruptcy. 

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a type of bankruptcy that allows any Auburn or Opelika Resident to discharge debt involved with medical bills, signature loans, credit cards, or any other unsecured debts. 

If you are an Auburn or Opelika resident struggling with a lot of debt or difficult financial times, Chapter 7 bankruptcy could provide the fresh start you need.  

Ultimately, chapter 7 bankruptcy will help you liquidate a portion of your assets in order to pay off creditors. While the process sounds simple, bankruptcy can be a complicated and stressful action that requires the knowledge of a professional Bankruptcy attorney. 

David S. Clark is an experienced bankruptcy attorney that understands the stress that comes with financial hardship. For more information on Chapter 7 bankruptcy and how you can navigate the weight of debt, contact David S. Clark today

DISCLAIMER: The following blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.

Need Bankruptcy Help? Call David S. Clark

What Happens When I File for Chapter 7 bankruptcy?

One of the great benefits that bankruptcy provides is a court-ordered action known as the Automatic Stay which stops all forms of debt collection from creditors, immediately. 

Yet, before you file for bankruptcy it is important to know that bankruptcy does not mean the end of your finances forever. Rebuilding your finances is hard, but having the support of an experienced bankruptcy attorney could provide the help you need to do it. 

When you decide to file for bankruptcy, you will need to sign a petition and file it with your local bankruptcy court. This petition includes a detailed list of your creditors, the nature and amount of their claims, your income, and assets, as well as a layout of all of your expenses. 

After you file for bankruptcy, an appointed trustee will go over your creditors and their claims, the source, frequency, and amount of your income, all of your property, and a detailed list of all of your expenses in order to remove any suspicion of fraud.

How Do I Qualify For Chapter 7 Bankruptcy?

Qualifications for Chapter 7 Bankruptcy begin with the submission of your average income, along with any assets or unexpired leases that you have. Your bankruptcy attorney will then go over any property that you have to help you liquidate your assets. 

In the midst of bankruptcy, there may be necessary assets that are unable to be liquidated. This means any liquidation of those assets will cease and creditors will need to be reaffirmed that you owe the amount of any necessary assets. If the amount you are trying to reaffirm is large enough, or if you are trying to reaffirm multiple unsecured debts, Chapter 7 bankruptcy may be disapproved. 

What can a Bankruptcy Attorney do for Me?

David S. Clark is an experienced Auburn and Opelika Bankruptcy Attorney that understands the intricacies, complications, and stress that bankruptcy presents. If you need help navigating Chapter 7 bankruptcy, contact David S. Clark today!

DISCLAIMER: The above blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.

Facing Foreclosure? Bankruptcy Can Help

By Bankruptcy Law, Foreclosure No Comments

Are you an Auburn or Opelika resident facing foreclosure? Here’s how bankruptcy could save your home.

Foreclosure is the legal process that allows a lender, or creditor, to sell your property to satisfy the debt you owe. Of Alabama’s 2,288,330 homes, 391 went into foreclosure in April of 2022, revealing a foreclosure rate of one in every 5,853 homes.

Fortunately, if you’re an Alabama resident facing foreclosure, a lender won’t begin the foreclosure process until you’ve fallen far behind in mortgage payments. This gives you time to try some alternate measures before filing for bankruptcy, such as loan forbearance, a short sale, or a deed in lieu of foreclosure

When these measures fail, it makes sense to consider whether bankruptcy can help you avoid foreclosure, or at least buy you a little time. As a bankruptcy lawyer in Auburn, Alabama, David S. Clark and his team of professionals have years of experience helping Alabama residents navigate financial hardship and they can help you too.

DISCLAIMER: The following blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.

Need Bankruptcy Help? Call David S. Clark

Delaying Foreclosure With The Automatic Stay 

One of the biggest benefits of filing for bankruptcy is the court-mandated order that causes any creditors to cease their collection activities immediately. Known as “The Automatic Stay”, creditors can’t call, email, visit or do anything that attempts to collect payments from you. 

Ultimately, If your home has been scheduled for a foreclosure sale, and you file for bankruptcy, the automatic stay will legally postpone the sale while your bankruptcy is pending (this process typically lasts three to four months)

While this is true, a lender can appeal to the bankruptcy court for permission to proceed with the foreclosure by filing a “motion to lift the automatic stay.” If successful, a creditor can continue with the foreclosure sale as well as any collection activities. 

Please note that although the automatic stay can temporarily stop a foreclosure sale, you may still lose your home if the foreclosure sale is completed under state law before filing for bankruptcy. 

How Chapter 13 Bankruptcy Can Help

If you are an Auburn or Opelika resident that is facing foreclosure due to unpaid mortgage payments but want to remain in your home, then filing for Chapter 13 Bankruptcy could help. 

Also known as a wage earner’s plan, Chapter 13 bankruptcy enables Alabama residents with a regular income to develop a plan to repay all or part of their missed mortgage payments. The plan is typically between three to five years and requires timely payments or payroll deductions. 

While Chapter 13 Bankruptcy can stop foreclosure proceedings, you’ll need enough income to not only meet your current mortgage payment, but also any arrearage (late unpaid mortgage payments). 

David S. Clark: An Experienced Auburn & Opelika Bankruptcy Attorney

When it comes to understanding the relationship between bankruptcy and foreclosure, it’s a good idea to consult an experienced bankruptcy attorney. With over 25 years of combined experience, the attorneys at David S. Clark are here to help any Auburn or Opelika resident navigate through bankruptcy. 

If you are facing foreclosure and don’t know where to turn, Contact David S. Clark today!

DISCLAIMER: The above blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.