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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.

Top 3 Causes of Bankruptcy in Alabama

By Bankruptcy Law, Financial Tips No Comments

A quick overview of the top 3 causes of personal bankruptcy in Alabama.

Bankruptcy is not something most people expect to face in their lifetime. Yet in Alabama, thousands of individuals and families file for bankruptcy every year. Reasons for filing may vary, but the result is always a financial situation that has spiraled out of control. 

While the word “bankruptcy” can feel intimidating, it is essential to remember that it’s a legal tool created to protect people when their finances collapse. As an Opelika bankruptcy lawyer, David S. Clark has seen how the right approach to personal bankruptcy can stop the chaos, protect your assets, and give you a chance to rebuild.  Although every bankruptcy case is different, three causes of bankruptcy show up again and again across 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

Medical Debt 

Unexpected medical bills are one of the leading causes for filing Chapter 7 bankruptcy and Chapter 13 bankruptcy in the state. Even with insurance, a major surgery, prolonged illness, or emergency care can leave you with tens of thousands of dollars in debt.

For some, the problem is not just the medical bills but the loss of income that comes with time away from work. The combination of reduced earnings and increased expenses can quickly lead to missed credit card payments, collections, and lawsuits. Many people turn to personal bankruptcy to stop medical creditors, wipe out unsecured debt, and regain financial stability. 

Job Loss or Reduced Income 

When a steady paycheck suddenly disappears, most households can only cover expenses for a short time before falling behind. Layoffs, reduced hours, and business closures have left many Alabamians struggling to keep up with their mortgage payments, car loans, and credit card bills. 

In these situations, Chapter 13 bankruptcy can be a powerful tool. It works by allowing individuals to restructure debt into one manageable monthly payment while keeping essential assets like a home or vehicle. For those with little to no income, Chapter 7 bankruptcy may be the better fit, offering a faster discharge of unsecured debt. An experienced bankruptcy attorney like David S. Clark can help you determine which option makes the most sense for your financial situation. 

Credit Card Debt 

Credit cards are incredibly convenient, but they can also easily become a trap when interest rates and fees start to pile up. A few missed payments can lead to penalty rates, and before long, the minimum payment barely touches the actual balance, or principal.  

Many people use credit cards to make ends meet after a job loss or medical emergency, only to find themselves deeper in debt. Chapter 7 bankruptcy can eliminate most credit card balances, while Chapter 13 bankruptcy can freeze interest and consolidate debt into a structured repayment plan. In either case, filing for bankruptcy with the help of an Opelika bankruptcy lawyer provides immediate financial relief through the automatic stay, which stops collection calls, lawsuits, and wage garnishments.  

Taking the Next Steps 

Bankruptcy is not about giving up. It’s about using the law to protect your financial future. Whether you are facing overwhelming medical bills, loss of income, or unmanageable credit card debt, speaking with an experienced bankruptcy attorney is the best way to understand your options and protect your assets. 

David S. Clark has helped countless Alabama residents navigate personal bankruptcy by guiding them through the process with expertise. Whether you qualify for Chapter 7 bankruptcy or need the structure of Chapter 13 bankruptcy, you can take the first step towards financial relief by scheduling a consultation. 

If financial stress is taking over your life, you do not have to go through it alone. Contact Opelika bankruptcy lawyer David S. Clark today to find out how bankruptcy can give you a fresh financial start 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.

Can Credit Card Debt Cause Bankruptcy?

By Bankruptcy Law, Financial Tips No Comments

Below is a quick breakdown on a major question Opelika residents may have: Can Credit Card Debt Cause Bankruptcy?

Credit cards are a helpful tool until they’re not. For many people in Opelika, a few charges here and there can turn into overwhelming debt. You miss one payment, the interest starts compounding, and suddenly, it feels like you’re using one card to pay off another. It’s a cycle that can feel impossible to escape.  

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

Why Credit Card Debt Often Leads to Personal Bankruptcy

At a certain point, credit card debt stops being a financial inconvenience and starts becoming a serious threat to your financial stability. That’s why many individuals start exploring personal bankruptcy as a way to press reset. And for good reason. Working with a trusted Opelika bankruptcy lawyer like David S. Clark can be the first step in getting your life and finances back on track. 

When you’re living paycheck to paycheck and just barely making the minimum payments, it may not feel like you’re in crisis yet. But high interest rates, late fees, and everyday expenses can pile up faster than most people realize. Even responsible spenders can find themselves in a tight spot when unexpected life events like a job loss, illness, or emergency home repairs force them to rely more on credit. Before long, you’re looking at multiple maxed-out cards, stress that won’t stop, and no clear way out.     

And here’s the truth: yes, credit card debt absolutely can cause bankruptcy. But filing doesn’t mean you failed. It means you’re choosing a legal path forward. It’s a chance to wipe the slate clean or restructure your finances under court protection with the help of a skilled bankruptcy attorney. For many in the area, David S. Clark, a leading bankruptcy attorney in Opelika, is the one they turn to for answers.

Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy

There are two main types of personal bankruptcy that individuals typically file.

Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 bankruptcy is often referred to as “liquidation bankruptcy.” It wipes out most unsecured debts, including credit cards, medical bills, and personal loans, and is usually resolved in a matter of months. But not everyone qualifies. You’ll need to pass a means test to show that your income falls below a certain level. That’s why speaking with an experienced Opelika bankruptcy lawyer is so important.

Chapter 13 bankruptcy, on the other hand, is better for those with regular income who want to avoid losing valuable assets like a home or car. Rather than eliminating debt right away, Chapter 13 bankruptcy creates a three-to-five-year repayment plan, allowing you to consolidate debts into one manageable monthly payment. This option is ideal if you’ve fallen behind on mortgage or car payments and want to catch up while also stopping credit card interest from increasing. David S. Clark, a trusted Opelika bankruptcy lawyer, helps clients understand which option best fits their situation.

Signs You May Be Headed Toward Bankruptcy

So, how do you know if it’s time to take that step? Here are a few signs that credit card debt may be leading you toward personal bankruptcy: you’re using new credit to pay off old balances, your debt is growing faster than you can pay it down, collection agencies are calling, and the stress is affecting your health or personal relationships. If any of this sounds familiar, you’re not alone. And you’re not out of options. David S. Clark can help you understand what’s next.

Bankruptcy laws were written to protect people just like you. Filing for personal bankruptcy isn’t about giving up. It’s about regaining control. The financial system is complicated, and sometimes the smartest, most strategic thing you can do is hit pause, reset, and come back stronger. An experienced Opelika bankruptcy lawyer can help you do that. 

Why Working With an Opelika Bankruptcy Lawyer Matters

Working with bankruptcy attorney David S. Clark gives you clarity and confidence. You’ll get an honest, straightforward assessment of your situation, understand your rights, and learn how to protect the things that matter most to you. Whether you qualify for Chapter 7 bankruptcy or need a structured Chapter 13 Bankruptcy plan, the goal is the same: to help you breathe again, stop the financial chaos, and start rebuilding. 

If a credit card has taken over your life, don’t wait until the collectors are at your door or your wages are being garnished. Talk to someone who understands the law, the process, and what you’re going through. David S. Clark, a trusted bankruptcy attorney and reliable Opelika bankruptcy lawyer, is here to help Alabama residents find lasting debt relief and peace of mind. 

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.

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How to Find a Personal Bankruptcy Attorney

By Bankruptcy Law, Financial Tips No Comments

Here is a quick guide on how to find a personal bankruptcy attorney in Opelika.

If you’re considering filing for personal bankruptcy, you probably feel overwhelmed and might not be sure where to start. Debt can affect every aspect of your life, from your home to your mental health. The good news is, you’re not alone. The right bankruptcy attorney can help you regain control of your finances and move forward with a plan tailored to you.

If you’re looking for a trusted Opelika bankruptcy lawyer, it’s important to understand the basics of bankruptcy, what types of legal support you might need, and how to find someone who can help guide you through the entire process. 

Understand the Chapter of Bankruptcy You Need 

There are different types or “chapters” of personal bankruptcy you can file for depending on your financial situation. Two of the most common types are Chapter 13 bankruptcy and Chapter 7 bankruptcy. 

  • Chapter 13 bankruptcy is designed for people who have a steady, reliable income but need time to catch up on debts. It allows you to reorganize what you owe into an easily manageable payment plan that typically lasts three to five years. Chapter 13 bankruptcy can help you keep your home, car, and other assets while getting back on track financially. 
  • Chapter 7 bankruptcy, also known as “liquidation bankruptcy”, is designed for individuals who are unable to repay their debts. Unlike Chapter 13, this specific chapter of bankruptcy isn’t based on a personalized repayment plan. Yet, it is essential to note that Chapter 7 does not discharge every single debt; instead, it typically only clears “unsecured” debts.

If you aren’t sure about which chapter applies to you, that’s where a qualified, trusted bankruptcy attorney can help. A good bankruptcy attorney will explain your options and help you decide which option is best for you based on your unique financial situation. 

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

Why You Should Work With a Local Opelika Bankruptcy Lawyer 

Bankruptcy law is federal, but local courts have their own specific procedures and preferences. That is why choosing an Opelika bankruptcy lawyer with local experience is important. David S. Clark has worked with the East Alabama legal system for years, and he understands how the courts work in Lee County and surrounding areas. 

A local attorney can help make sure your documents are filed correctly and before deadlines. They also help ensure communication with court officials is smooth. Most importantly, a local lawyer understands the community and the common financial struggles people face in Opelika. 

What to Look for in an Opelika Bankruptcy Attorney 

Finding the right bankruptcy lawyers is not about clicking on the first link you see online. You want someone who:

  • Offers a free consultation so you can ask questions and explore your options without adding financial pressure
  • Explains the process clearly so you know exactly what to expect 
  • Listens without judgment and makes you feel supported during a challenging time
  • Has experience with Chapter 13 and Chapter 9 bankruptcy and understands how to build a repayment plan tailored to your financial situation

Your bankruptcy attorney should be someone who gives you confidence and clarity, not confusion or guilt. Filing for personal bankruptcy is already stressful. The right attorney can help ease that burden. 

Read Reviews and Ask Questions

Before choosing a lawyer, read reviews and testimonials from people in similar situations. Has the attorney handled personal bankruptcy cases like yours? Do past clients say they felt informed throughout the process?

David S. Clark is known for his hands-on approach. As a trusted Opelika bankruptcy lawyer, he takes time to understand each client’s story and offers a custom plan that fits your financial situation. 

David S. Clark – Your Personal Bankruptcy Attorney in Opelika

If you live in Opelika or nearby and are considering Chapter 13 bankruptcy or another form of personal bankruptcy, you don’t need to wait. The sooner you speak with a knowledgeable bankruptcy attorney, the sooner you can start building a stable financial future. 

Davis S. Clark offers free consultations to help you understand your options and make informed decisions. Whether you are behind on credit card payments or facing foreclosure, help is available. If you’d like to speak with David and get professional advice on your current financial situation, please don’t hesitate to contact us.

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.

Chapter 13 Bankruptcy Explained

By Chapter 13 Bankruptcy No Comments

A breakdown of Chapter 13 bankruptcy from David S. Clark, an Opelika-based personal bankruptcy attorney.

If you’re facing overwhelming debt but still have a steady income, Chapter 13 bankruptcy might be your best option. At the law office of David S. Clark, we help guide individuals through all types of personal bankruptcy, including Chapter 13 and Chapter 7 bankruptcy. 

As an experienced Opelika bankruptcy attorney, David S. Clark knows that financial hardship can feel impossible to overcome. Chapter 13 bankruptcy can offer a feasible solution, giving you peace of mind and a real path forward. Here’s what you need to know. 

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 is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is often called the “wage earner’s plan.” Unlike Chapter 7, which wipes out certain debts quickly, Chapter 13 allows individuals to reorganize their debt and pay it off over time, usually three to five years. 

This form of personal bankruptcy allows you to catch up on missed mortgage payments, keep your home, and avoid repossessions of your vehicles. Instead of losing your assets, Chapter 13 bankruptcy gives you a structured plan to repay creditors based on your income and what you can afford. 

If you’ve been told bankruptcy means giving up everything you own, understand that Chapter 13 bankruptcy offers a different approach, allowing you to protect what matters most. 

Who Qualifies for Chapter 13?

Not everyone qualifies for Chapter 13 bankruptcy. To qualify, you must:

  • Have a regular income
  • Have unsecured debts (like credit cards or medical bills) under a certain limit 
  • Be up to date on tax filings 
  • Complete mandatory credit counseling 

It is also critical to have a bankruptcy attorney who understands the process from start to finish. At our Opelika law firm, we walk you through eligibility and help you decide whether Chapter 13 is right for your financial situation ot if another path, such as Chapter 7 or even Chapter 9 bankruptcy, makes more sense. 

What Happens When You File?

Upon filing for Chapter 13 bankruptcy, the court will put an automatic stay on your debts. This means:

  • Creditors must stop contacting you 
  • Foreclosures and repossessions are paused 
  • You get some breathing room to regroup and reassess your financial situation 

Then, you and your attorney will propose a repayment plan based on your income and expenses. The court and your creditors must approve this plan. Once your Chapter 13 bankruptcy plan is in place, you make a single monthly payment, often lower than what you were paying before, until your plan is complete. 

After that, any remaining eligible debts may be dismissed. 

Why Work with a Local Opelika Bankruptcy Lawyer?

Bankruptcy law isn’t a one-size-fits-all. Every case is different. Working with a trusted bankruptcy attorney in Opelika ensures:

  • You get personalized advice based on Alabama law
  • Your paperwork is filed correctly and on time 
  • You avoid unnecessary delays 
  • You’re represented if creditors challenge your plan 

At the office of David S. Clark, we’ve helped hundreds of people in Opelina, Auburn, and surrounding areas regain control of their financial futures through Chapter 13 bankruptcy and other solutions. We take the time to listen, explain your options, and support you every step of the way. 

Schedule a Free Consultation Today

Chapter 13 bankruptcy is not a failure. It is a strategy for recovery. If you’re falling behind on mortgage payments, juggling too many credit card balances, ot simply need a structured way to get out of debt, it may be the best choice for you. 

And if you’re comparing options, including Chapter 9 bankruptcy or other forms of personal bankruptcy, we’re here to help you make an informed decision. 

If you’re ready to take the next step toward financial recovery, don’t wait. Reach out to David S. Clark, a trusted Opelika bankruptcy lawyer with years of experience handling Chapter 13 bankruptcy cases. Call our office or fill out our online form to schedule a consultation and let us help build a plan that works for you. 

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.

Personal Bankruptcy FAQ

By Bankruptcy Law, Financial Tips No Comments

Here are some of the frequently asked questions concerning personal bankruptcy.

If you’re an Auburn or Opelika resident seeking a fresh financial start through personal bankruptcy, then you probably have several questions concerning the whole process. Below are a few of the most commonly asked questions about personal bankruptcy to help you understand the process and make informed decisions about your financial future from David S. Clark, a Chapter 7 and Chapter 13 bankruptcy attorney in Opelika. 

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

Will I lose my home if I file for bankruptcy?

As mentioned, bankruptcy is a daunting idea for several reasons, but the ability to lose your home often causes many Alabama residents to shy away from even the thought of bankruptcy. 

The answer to this question depends on a number of important factors such as the type of bankruptcy you file for (as shown below), the amount of equity in your home, and more. 

If you file for Chapter 7 bankruptcy, your home may be at risk if you have a significant amount of equity in it. However, if you file for Chapter 13 bankruptcy, you may be able to keep your home as long as you continue making payments under the court-approved repayment plan. 

Ultimately, when it comes to personal bankruptcy, every case is going to be different, so it is essential to communicate with a dedicated bankruptcy attorney on the best options that could protect your home. 

Will bankruptcy stop debt collection harassment?

According to Section 524 of the U.S. Bankruptcy Code, no one can take action against you if your debt has been discharged through bankruptcy. Known as the “automatic stay”, this action is immediately ordered and enforced by the bankruptcy court as soon as you file for bankruptcy. 

Ultimately, the automatic stay makes it illegal for creditors to contact you about any discharged debt once you file for bankruptcy. This means creditors can’t call, email, visit, or do anything that attempts to collect a debt from you. 

It is important to note that although creditors can no longer contact you regarding discharged debts, not all debts are discharged through bankruptcy.

When should I file for bankruptcy?

Unfortunately, when it comes to bankruptcy, there is no simple answer to this question as it depends on your individual circumstances. Generally speaking, if you’re struggling with overwhelming debt and are unable to make timely payments, it may be time to consider filing for bankruptcy. 

Other instances could include situations where you’re facing foreclosure, wage garnishment, or constant harassment from creditors. However, it is important to note that filing for bankruptcy should not be taken lightly, and seeking the counsel of an experienced bankruptcy attorney first is essential.

David S. Clark – A Local Lawyer Dedicated To You

While these are a few of the more popular questions about bankruptcy, it is important to remember that every personal bankruptcy case will be different. Yet, you don’t have to go through it alone. 

If you are an Auburn or Opelika resident ready to file for Chapter 7 or Chapter 13 bankruptcy or simply seeking the financial help of an experienced bankruptcy attorney, 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.

Important Questions To Ask Your Bankruptcy Attorney?

By Bankruptcy Law, Financial Tips No Comments

Bankruptcy can be confusing. Here are a few questions you can ask to better understand the benefits and necessary requirements of Chapter 7 and Chapter 13 bankruptcy.

Filing for bankruptcy can feel overwhelming and full of uncertainty, but you don’t have to do it alone. If you live in Opelika and are considering personal bankruptcy, it’s important to ask the right questions to better understand your options. Here’s a quick guide to key questions you should discuss with your bankruptcy attorney before moving forward, from David S. Clark, a Chapter 7 and Chapter 13 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

What Type of Bankruptcy Should I File?

Not all personal bankruptcies are the same, and choosing the right type, or chapter, for your unique financial situation can feel overwhelming. Yet, if you’re working with an experienced personal bankruptcy attorney, they can help you find the right chapter for your situation. David S. Clark works with Chapter 7 and Chapter 13 bankruptcy specifically. 

What’s the Difference Between Chapter 7 and Chapter 13 Bankruptcy?

Chapter 7 bankruptcy, also known as “liquidation bankruptcy”, is designed for individuals who are unable to repay their debts. Unlike Chapter 13, this specific chapter of bankruptcy isn’t based on a personalized repayment plan. Yet, it is essential to note that Chapter 7 does not discharge every single debt, instead, it typically only clears “unsecured” debts which includes (but is not limited to) the following:

  • Credit Card Balances
  • Medical Bills
  • Personal Loans
  • Utility Bills

Also, in return to this discharge, the bankruptcy trustee may sell some of your non-exempt assets to pay off your creditors.

Often referred to as a “wage earner’s plan”, Chapter 13 bankruptcy is a chapter of personal bankruptcy that allows individuals with an income to establish a plan to repay all or parts of their debt. This functions differently than Chapter 7, which involves liquidating certain assets, like a house or car, to pay off debts. Essentially, Chapter 13 allows you to keep your property and assets while consolidating your debt into monthly payments, typically over the course of 3 to 5 years.

Does Your Bankruptcy Attorney Have a Proven Track Record of Success?

There are countless bankruptcies lawyers across Auburn and Opelika, Alabama offering their personal bankruptcy services, but that does not necessarily mean that they have proven experience actually helping to get clients back on their feet.

Be sure to ask your attorney about their case history. A reputable bankruptcy lawyer should be able to provide references or examples of past clients who can speak to their experience and success.

David S. Clark – Your Personal Bankruptcy Attorney in Opelika

While these questions can help, it is crucial to find a personal bankruptcy attorney who cares. So, before anything, it is essential to consult with a knowledgeable bankruptcy attorney who can help you choose the best option for your unique situation. 

Ultimately, bankruptcy offers more than just a means of resolving medical debt. It provides individuals with a fresh financial start, freedom from creditor harassment, and the opportunity to rebuild credit over time. By taking proactive steps to address medical debt through bankruptcy, individuals in Opelika can regain control of their finances and move toward a brighter financial future.

From his many valuable years of experience serving the Auburn and Opelika, Alabama community, David S. Clark is knowledgeable and prepared to help you start your journey back to financial security. If you need help navigating the stress, intricacies, and complexities of Chapter 7 or Chapter 13 Bankruptcy, contact David S. Clark, Attorney at Law 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.

Foreclosure Defense in Opelika: A Brief Guide

By Foreclosure No Comments

David S. Clark, an experienced Chapter 7 & Chapter 13 bankruptcy attorney breaks down your next steps when facing foreclosure in Opelika, AL.

Debt and repayment can be intimidating. When repaying debt becomes a struggle in Opelika, a common financial threat that arises is the possibility of property foreclosure, including of your own home. However, when faced with the possibility of foreclosure in Opelika, there are still several steps you can take in an effort to keep your home. David S. Clark is an experienced bankruptcy attorney who serves the Opelika area, providing professional advice and assistance for those facing financial hardships. From our experience, here is a brief guide to foreclosure defense in Opelika.

 

Common Defenses When Facing Foreclosure:

Forbearance

Asking for forbearance is one common option when looking to avoid foreclosure in Opelika. Forbearance is when lenders or other creditors delay repayment on a loan in order to avoid foreclosure. This allows borrowers time to repay loans while also protecting lenders from having to absorb potential financial losses on a property when foreclosure occurs.

Forbearances are commonly granted for mortgages. So, if you face foreclosure on your home or property in Opelika, asking for forbearance may be the best next step, depending on your unique situation.

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

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Repayment Plans

Another common option to help avoid foreclosure in Opelika is arranging a repayment plan with the lender. Repayment plans are exactly what the name implies: plans arranged that outline a plan for repaying a loan or other debt over time. These plans are created specifically to find the best timeline for repayment that is fair to both parties involved. 

Repayment plans work by splitting the sum of a debt and spreading it out over time. This way, multiple payments of smaller increments are made over a designated period of time that add up to the total amount of the debt. These plans can help you when you face foreclosure in Opelika by allowing you to continue living in your home while working towards paying down your debt. This improves job stability and peace of mind while working toward reestablishing financial freedom.

Refinancing Your Loan

Along with asking for forbearance and requesting a repayment plan, refinancing your loan is another common step taken in Opelika to avoid foreclosure. When payments are getting tight and you feel the pressure of potentially missing a future payment, refinancing can be a solution that keeps you from missing payments and facing foreclosure. 

Refinancing allows borrowers to essentially restructure their contract in a way that becomes more immediately affordable for them. This could look like an extended timeline with lower monthly payments, for example.

 

Opelika Foreclosure Defense with David S. Clark

When facing foreclosure in Opelika, AL, you are not alone. David S. Clark is a professional, experienced bankruptcy attorney specializing in helping Auburn and Opelika residents navigate difficult financial situations and get back on their feet. Our team is ready to help you navigate your unique situation and find your best path forward. Reestablishing financial independence and freedom from debt is a process that takes time and dedication. But, with the right help, it’s possible for everyone. 

If you’d like to know more about David S. Clark’s foreclosure defense services, or other financial law services, get in touch with us today! We provide free professional consultations to better understand your situation and give you the best professional financial advice possible. Let us help you navigate the foreclosure defense process in Opelika and put your best financial foot forward 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.

Bankruptcy in Opelika: Next Steps

By Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Understanding Bankruptcy No Comments

David S. Clark, an experienced Chapter 7 & Chapter 13 bankruptcy attorney breaks down your next steps when facing bankruptcy in Opelika, AL.

Bankruptcy in Opelika is an unfortunate but not uncommon situation to find yourself in. The stress and pressure of facing financial difficulties can leave you confused and seeking guidance. Thankfully, there are next steps that you can take to set yourself up for recovery. Let’s go over the next steps you should take when facing bankruptcy in Opelika, Alabama.

Chapter 7 Bankruptcy or Chapter 13 Bankruptcy?

Before going any further, it is important to determine whether you are dealing with Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Let’s take a look at some of the key differences between the two, helping clarify which type of bankruptcy you may be experiencing.

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
› Chapter 7 Bankruptcy in Opelika

One of the most common forms of bankruptcy in Opelika and across the country is Chapter 7 Bankruptcy. Essentially, Chapter 7 Bankruptcy is when all of your assets are liquidated to help pay down your debts. When declaring Chapter 7 Bankruptcy, asset liquidation helps clear unsecured debts, including credit card bills, medical bills, personal loans, and utility bills. 

Once your petition for Chapter 7 Bankruptcy is submitted, automatic stay goes into effect. Automatic stay prevents creditors from pursuing collection against you. This allows you to handle your bankruptcy in peace without dealing with incessant calls, emails, and lawsuits seeking money.

› Chapter 13 Bankruptcy in Opelika

The other most common form of bankruptcy in Opelika and across the country is Chapter 13 Bankruptcy. Chapter 13 Bankruptcy is different from Chapter 7 Bankruptcy because of the debt repayment process. Unlike in Chapter 7 Bankruptcy, not all of your assets are liquidated during Chapter 13 Bankruptcy. Common practice is for a court to develop a debt repayment plan, which outlines a timeline for you to repay your debts over time. These repayment plans are typically outlined for 3 or 5 years.

With a Chapter 13 Bankruptcy repayment plan in Opelika, you will make monthly payments to a trustee who distributes the funds to creditors accordingly. The benefit of Chapter 13 Bankruptcy is that you are able to keep some of your assets throughout the process, including a home or a car. This can put you in a better position to pay off debts by improving access to employment opportunities that can help you pay down these debts.

Seeking Professional Legal Advice in Opelika

When you are considering declaring bankruptcy in Opelika, it is absolutely crucial to consult with an experienced legal professional. Bankruptcy is not something to be entered into lightly, and by consulting with a Bankruptcy attorney in Opelika, you can get trusted advice to ensure you are taking the best possible next steps for you and your family. Thankfully, if you are experiencing a financial crisis in Opelika, there are caring and experienced legal professionals who can help you through this difficult and stressful time.

David S. Clark: Opelika’s Trusted Bankruptcy Attorney

In Opelika, the trusted and professional authority on Chapter 7 and Chapter 13 Bankruptcy is David S. Clark. David and his team of legal professionals are committed to helping the Opelika community when they fall on hard times. We can analyze your unique situation and give professional legal advice that is in your best interest. Our goal is to help get you back on your feet financially, and bankruptcy can be a necessary tool to help you do so in Opelika. 

If you’d like to speak with David and get professional advice on your current financial situation, please don’t hesitate to contact us. We offer free consultations to help you decide your best next step towards financial recovery. Give us a call today to see if we can help you get back on your feet!

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.