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December 2022

Bankruptcy: Your Fresh Start in 2023

By Chapter 7 Bankruptcy, Financial Tips No Comments

Bankruptcy can provide a fresh start to your finances, but what happens after that?

The start of the new year often brings thoughts of resolutions. Whether it’s to read more books, lose a certain amount of weight, or learn a new skill or hobby, whatever the case may be, it can be hard to remain motivated to “get better” when progress seems slow. 

Much like a New Year resolution, improving the control of your finances can be extremely tough. Yet, it doesn’t have to be. Here are a few ways bankruptcy could help you achieve a fresh start financially from David S. Clark, an experienced bankruptcy attorney in Opelika, Alabama. 

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

How Bankruptcy Could Help

From job loss, medical expenses, housing costs, or simply living beyond your means, bankruptcy is often the cause of a combination of significant life events. Unfortunately, these events are prevalent among Alabama residents, especially in the hardships that often come with a new year. 

Thankfully there are tactics in place for you to gain a second chance. Perhaps the most common type of bankruptcy, known as “liquidation bankruptcy” or Chapter 7, allows you to regain control of your finances by having most of your unsecured debt, including credit card debt, medical bills, and personal loans discharged by a bankruptcy court.

Yet, before filing for Chapter 7 bankruptcy, it is crucial to know the difference between dischargeable and non-dischargeable debts. 

Dischargeable debts under Chapter 7 include:

  • Credit card balances (including overdue and late fees)
  • Medical bills
  • Personal and payday loans 
  • Mortgage or automobile loans for which you are unable to pay
  • Utility bills
  • Social Security overpayments
  • Veterans’ assistance loans and overpayments

Non-dischargeable debts under Chapter 7 include:

  • Child support
  • Alimony
  • Student loans
  • HOA fees
  • Secured debts

Ultimately, Chapter 7 bankruptcy isn’t a magic wand that removes all debts, nor is it always a simple process. From an immense amount of paperwork to complicated court discussions, there are many parts to a Chapter 7 bankruptcy case that require expertise. That’s why hiring a reputable Auburn and Opelika bankruptcy attorney like David S. Clark can be an important factor in successfully filing for Chapter 7 bankruptcy.

What’s Happens After Bankruptcy?

So, while Chapter 7 bankruptcy acts as a second chance, what happens next? As mentioned, like any New Year’s resolution, starting fresh financially will take time. Here are a few “resolutions” for 2023 that could help:

Create a budget

Budgets come in many shapes and sizes because incomes come in many shapes and sizes. So, creating a personalized budget for your needs and wants is key to building a good foundation for your finances. 

Prepare for the unexpected 

Risk is, unfortunately, a part of life, especially in finances. Surprises can come from an illness, job loss, disability, death, natural disasters, or even lawsuits. Setting aside money each month to prepare for the unexpected means you won’t have to break the bank when one of these surprises happens. 

Auburn and Opelika Bankruptcy Attorney David S. Clark

David S. Clark is an experienced Auburn and Opelika Bankruptcy Attorney who understands the intricacies, complications, and stress of bankruptcy. 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.

5 Reasons Bankruptcy Occurs in Alabama

By Bankruptcy Law, Financial Tips No Comments

While financial irresponsibility is a valid cause of bankruptcy, it is solely the main cause. 

Among Auburn & Opelika residents, it is rarely one thing that leads to financial struggles serious enough for bankruptcy. More often, it is a combination of events, such as a job loss in conjunction with an unexpected medical injury.

So, whether you are overwhelmed by financial struggles or trying your best to avoid bankruptcy, whatever the case is, here are the top five reasons residents in Alabama go bankrupt from David S. Clark, an experienced bankruptcy attorney in Opelika, Alabama. 

The order of the following list is based primarily on a paper by the American Journal of Public Health

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

1. Loss of Income

As cited by nearly 78% of the survey respondents, loss of income was the most common reason for filing for bankruptcy. Unfortunately, this statistic is far from surprising since over 65% of Americans live paycheck to paycheck

Income brings stability, so when paychecks stop, financial trouble can be close behind—for example, the failure to pay health insurance payments, car payments, or even mortgage payments. Plus, doctor or hospital visits can be extremely expensive without health insurance. 

2. Medical Expenses

In conjunction with the loss of income, medical expenses were the second most popular reason why a person in Auburn or Opelika, Alabama may go bankrupt. This is not a surprise with the expenses that can come from an accident or illness. 

Furthermore (and as mentioned), in conjunction with a loss of income, the loss of health insurance can lead to seemingly impossible to pay medical bills. 

3. Housing Costs

Home mortgages represent the single most significant portion of household debt in Alabama, far surpassing credit cards or student debt. This is often due to residents taking on mortgages outside of what they can afford, more commonly known as those who are “house broke”. 

When someone is house-broke, it means that they’re spending too much of their total monthly income on housing costs such as monthly mortgage payments, property taxes, maintenance, utilities, and insurance. These expenses can quickly add up, leading to difficult financial struggles or bankruptcy as shown by 45% of survey respondents. 

4. Living Beyond Your Means

Overspending can come in many shapes and sizes—from maxing out credit cards to simply being unwise with money. Whatever the cause, thankfully there are ways to learn how to budget correctly to avoid bankruptcy. 

5. Helping Family Members

Whether helping a child pay off student loan debt or paying off a parent’s mortgage, close to 30% of survey respondents said that assisting their family placed a massive burden on their own finances and became a motivation for bankruptcy. 

David S. Clark – Experienced Auburn Bankruptcy Attorney

In conclusion, many circumstances can lead to bankruptcy, but bankruptcy does not mean the end of your finances forever.  David S. Clark is an Opelika-based bankruptcy attorney who has helped countless Alabama residents find freedom from the weight of immense debt. 

Whether you are seeking to file for Chapter 7 or Chapter 13 bankruptcy, David S. Clark can help you every step of the way. For more information, 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.