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September 2025

Do I Need a Lawyer to File Chapter 7 or 13 Bankruptcy?

By Bankruptcy Law, Financial Tips No Comments

Does Bankruptcy really require a lawyer? Below is a quick breakdown.

Filing for personal bankruptcy is never an easy decision. If you are buried in debt, you may be wondering if you need a lawyer or if you can try to handle it on your own. The court will allow you to file without a lawyer, but that doesn’t mean it is the best choice. Bankruptcy is a legal process with many complex steps. Even one mistake can cause delays or cost you money. Ultimately, having an experienced bankruptcy attorney working by your side can make all the difference between frustration and relief. 

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

The Two Main Chapters of Personal Bankruptcy

Most individuals file either Chapter 7 bankruptcy or Chapter 13 bankruptcy. 

Chapter 7 bankruptcy clears away many different types of unsecured debt, such as credit cards and medical bills. It is usually the quicker option, but it can sometimes involve selling some of your property to repay creditors. 

Chapter 13 bankruptcy is different. Instead of clearing debts out all at once, it sets up a repayment plan that can last anywhere from three to five years. Many people choose this option if they want to keep their home, car, or other assets while working toward paying down their debt. 

Both options give you a fresh start, but each comes with its own strict rules, paperwork, and court hearings. Choosing the right one for your financial situation can be difficult without the help of a dedicated bankruptcy lawyer. 

Why Filing Bankruptcy Alone Can Be Difficult

Filing for bankruptcy might sound simple until you see what is required. You have to list every debt you owe, all your property, your income, and your expenses. Everything has to be complete and accurate. If you file under the wrong chapter, forget to include an account, or miss a deadline, your case could be dismissed. 

It is possible to file on your own, but many people who try end up feeling overwhelmed. What started as an attempt to save money often turns into a stressful, confusing process. That is why so many people choose to work with a local Opelika bankruptcy lawyer like David S. Clark. 

How a Bankruptcy Attorney Helps 

A bankruptcy attorney is more than just someone who files paperwork. They help you decide whether Chapter 7 bankruptcy or Chapter 13 bankruptcy is the better fit for your financial situation. They explain what property Alabama laws allow you to keep. They prepare and file your paperwork correctly so you don’t have to worry about costly errors. 

A lawyer also represents you in court and deals directly with creditors. Having someone experienced on your side during this process takes the stress off your shoulders and gives you confidence that everything is being handled the right way. 

The Value of Local Experience

Bankruptcy laws are federal, but most cases are handled in local courts. A lawyer who practices in Opelika understands how things work here. They know what judges expect and how cases are reviewed. That kind of local knowledge and expertise is something you just can’t get from online forms or general guides. Working with a local bankruptcy lawyer in Opelika gives you the best chance of getting through the process smoothly. 

So, Do You Really Need a Lawyer?

You can file for bankruptcy without one, but that does not mean it is a good idea. Bankruptcy affects your finances for many years to come. Having an experienced lawyer ensures you get the best possible outcome and avoid mistakes that could make things worse. Most people find that the peace of mind alone is worth it. 

Talk with David S. Clark in Opelika Today!

If you are considering personal bankruptcy, you do not have to face it alone. David S. Clark, an Opelika bankruptcy lawyer, has years of experience helping people get through both Chapter 7 bankruptcy and Chapter 13 bankruptcy. He knows the process, understands Alabama law, and is committed to helping you take some of the financial burden off your shoulders. 

Call today to schedule a consultation with David S. Clark, a trusted bankruptcy attorney in Opelika, AL, and take the first step toward a fresh financial future. 

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.

What Debts Can Be Discharged in Chapter 7 Bankruptcy?

By Chapter 7 Bankruptcy No Comments

A breakdown of Chapter 7 bankruptcy and what debts can be discharged.

If you are covered up in debt, you might be looking at Chapter 7 bankruptcy as a way to get out and get a fresh start. One of the most common questions people have is simple: What debts can actually be cleared in Chapter 7?

The good news is that Chapter 7 can clear many types of debt and give you room to breathe. The not-so-great news is that not every debt goes away. Understanding the difference is an important step before you decide to file, and it is one reason why many people choose to work with an experienced bankruptcy attorney. 

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

The Basics: Chapter 7 Bankruptcy 

Chapter 7 bankruptcy is often referred to as liquidation bankruptcy. It works by selling off certain nonessential assets to help repay creditors, although many people can keep most or all of their property through exemptions. Once the process is complete, eligible debts are discharged, which means you are no longer legally required to pay them. 

A local Opelika bankruptcy lawyer can explain how the process works in Alabama and what property exemptions may be available for your situation.

Debts That Can Be Discharged with Chapter 7 Bankruptcy

The primary purpose of personal bankruptcy is to provide individuals with an opportunity to recover when debt becomes unmanageable. In Chapter 7, the following debts are usually eligible for discharge:

  • Credit card debt: This is one of the most common reasons why people file. Chapter 7 can wipe out balances, late fees, and penalties. 
  • Medical bills: If medical debt has piled up after an illness or injury, Chapter 7 can help.
  • Personal loans: Many unsecured personal loans and payday loans can be discharged.
  • Old rent bills: Past-due rent owed to a landlord may also qualify. 

These discharges can clear a huge financial burden and allow you to move forward responsibly. 

Debts That Usually Cannot Be Discharged

Not all debts are cleared in Chapter 7 bankruptcy. Some of the most common debts that remain include:

  • Student loans: These are very difficult to discharge unless you meet strict hardship rules.
  • Child support and alimony: Payments ordered by the court cannot be eliminated.
  • Recent taxes: Most income tax debt cannot be discharged unless it meets very specific conditions. 
  • Court fines ot criminal restitution: These obligations must still be paid. 
  • Debts from fraud: If a creditor proves a debt was created by fraud, it will not be discharged. 

Knowing what is and is not covered helps you set realistic expectations before you file. 

Why Legal Counsel Matters

The list of what qualifies for discharge can be complicated. That is why working with a bankruptcy attorney is so important. A lawyer can help you review your debts, explain what can be cleared, and help you protect the property that matters most. They also make sure your paperwork is accurate and your case stays on track and is handled promptly. 

Filing on your own may sound tempting, but mistakes can cost you time, money, and your peace of mind. Having a local Opelika bankruptcy lawyer guide you through the process gives you clarity and confidence. 

Talk with David S. Clark, Your Opelika Bankruptcy Attorney, Today

If you are considering Chapter 7 bankruptcy, you deserve clear answers about what debts can be discharged and what will remain. David S. Clark, an Opelika bankruptcy lawyer, has years of experience helping people in Lee County and the surrounding area get financial relief through personal bankruptcy. 

Call today or schedule a consultation with David S. Clark, a trusted bankruptcy attorney in Opelika, and take the first step towards a better financial future. 

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.