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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.

What is Debt Collection Harassment?

By | Bankruptcy Law | No Comments

Whether it’s considered “good debt” or “bad debt,” the truth is that any type of debt can cause many emotional and physical effects to an Auburn or Opelika resident.

Studies show what many of us already know: debt is about much more than money. While the stress of debt can be immense on its own, creditors have the potential to bring even more stress when they resort to unethical tactics to try and force you to make payments. 

While creditors do possess a right to their collections activity, they are bound by the Fair Debt Collection Practices Act with how they may collect it. Unfortunately, this doesn’t always stop creditors, as debt collection harassment can even continue after you’ve filed for bankruptcy. 

Here’s what you need to know about debt collection harassment and how to fight it with the help of David S. Clark, an experienced Auburn and Opelika 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

What is Debt Collection Harassment?

Debt collection harassment, or creditor abuse, occurs when a collection agency that is owed money uses abusive collection practices to intimidate or force debtors to make a payment. Even without the money to pay off debt, a collection agency may act deceitfully in an attempt to collect anyway. 

Ultimately, debt collection harassment can come from any kind of debt including (but not limited to): student loans, credit card payments, mortgages, and auto loans; but with over 140 billion in unpaid medical bills across the United States, collection agencies are most often chasing payments related to medical bills. 

This is especially true in Lee County as the mean medical debt per person is at an incredibly high concentration between $994 and $3661.

Examples of Debt Collection Harassment

Despite what type of debt you may have, it is essential to know the signs of debt collection harassment and your rights as an Auburn or Opelika resident. Under the Fair Debt Collection Practices Act debt collectors may not: 

  • Use or threaten the use of violence to harm you, your reputation, or your property
  • Lie about who they are, the debt you owe, or what will happen if you fail to pay it
  • Call you repeatedly with the intent to annoy, abuse, or harass you
  • Use obscene or profane language with the intent to intimidate or scare you
  • Publish a list of consumers who allegedly refuse to pay debts (except to a consumer reporting agency) 

What if a Creditor Contacts Me During Bankruptcy?

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. 

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 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.

Unfortunately, there are times when creditors still contact you, which violates the protections of the automatic stay. If a creditor willfully violates the automatic stay with an intent to collect, the court can sanction the creditor with the help of your bankruptcy attorney. 

How to fight Debt Collection Harassment 

If you are being harassed by unethical debt collection tactics, it is important to seek the help of a trusted Auburn and Opelika bankruptcy attorney to fight on your behalf. David S. Clark has years of experience and understands how overwhelming debt, bankruptcy, and creditors can be. 

If you are an Auburn or Opelika resident facing debt collection harassment, contact David S. Clark as soon as possible to discuss your situation in complete confidentiality. 

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.

Dischargeable vs. Nondischargeable Debt

By | Understanding Bankruptcy | No Comments

There are many types of debts that bankruptcy can discharge, but not all debts are created equal. 

Most Auburn and Opelika residents seek bankruptcy to wipe out their debts and get a fresh start. While bankruptcy allows for a large elimination of debt, certain obligations (called nondischargeable debts) will survive your bankruptcy discharge. When it comes time for you to file bankruptcy, it is important to know the difference between dischargeable and nondischargeable debts. 

If you have found yourself in difficult financial times, then hiring a qualified Auburn bankruptcy attorney like David S. Clark to guide you through a financial crisis may be exactly the help you need.

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 are Dischargeable Debts?

Dischargeable debts are obligations that can be wiped out by your bankruptcy discharge. When you receive your discharge at the end of your case, you are no longer legally required to pay any of these debts and creditors cannot come after you to collect them. 

Examples of Dischargeable Debts Include: 

  • Credit Card Debt
  • Medical Bills
  • Payments on Motor Vehicles
  • House Payments
  • Debts Related to Your Business
  • Personal Loans

Timing Matters For Dischargeable Debt

Depending on what type of bankruptcy you’re filing, there might be changes in your dischargeable debt. For example, slightly more debts are available to discharge in a chapter 13 case than in a chapter 7 case

The timing of your bankruptcy can also affect which debts are discharged, and which ones are not. 

Pre-Filing Debt

Pre-petition debt is any debt incurred before the day that you file for bankruptcy. At the end of your case, the bankruptcy court will discharge all qualifying pre-petition debt. 

Post-Filing Debt 

In contrast, any debt that builds up after you submit your bankruptcy paperwork is known as post-petition debt. The court will not discharge this debt, and you remain responsible for paying any balances that you incur after the initial bankruptcy filing date. 

What are Nondischargeable Debts?

Nondischargeable debts exist because Congress decided, because of public policy reasons, that allowing debtors to eliminate their responsibility for certain debts would not be beneficial to society. Ultimately, the benefit to a creditor and society as a whole outweighs the benefit that the debtor would gain if their debts were completely discharged. 

Examples of Nondischargeable Debts Include:

  • Student Loans
  • Child Support
  • Personal Injury
  • Taxes
  • Fines

There are other debts that cannot be dischargeable, but only if someone files a lawsuit against you and the bankruptcy court decides that the debts must be nondischargeable. This includes debts incurred by a divorce, fraud, embezzlement, or by a malicious/willful injury. 

However, if you file a case and the creditor of these debts never files a lawsuit, these will automatically be discharged by a bankruptcy court. 

This is not true for the previous list of nondischargeable debts, which will automatically be nondischargeable. 

If you are an Alabama resident looking for an Auburn bankruptcy attorney that can help you work through a variety of financial options to help you overcome your debt crisis, contact David S. Clark.

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.

Debt Consolidation vs. Bankruptcy – How to Settle Your Debt

By | Bankruptcy Law, Understanding Bankruptcy | No Comments

Learn to settle your debt with either Debt Consolidation or Bankruptcy. 

Alabama’s total state debt is nearly $9 billion. If an institution such as the State Government of Alabama is not always in the green financially, then it is no wonder that its residents often find themselves in positions of repaying debts.

While some debt isn’t bad—a mortgage can help you achieve the goal of owning a home and may help you ultimately build wealth, student loans can help you obtain a college degree, and a moderate amount of debt, if paid off in time, can help you build credit–the wrong kind of debt can lead to financial ruin.

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

There are several tools that debtors can use which can help someone recover from an extensive amount of debt. The number of these, though, can be overwhelming if you are not sure which option is best for you.

Two of the more common options are debt consolidation and bankruptcy. When choosing between debt consolidation and bankruptcy, it is important to know the benefits and to determine which option is best for you based on your unique financial situation.

Debt Consolidation 

Debt consolidation refers to the act of consolidating multiple lines of debt into a single, bundle debt payment. This payment usually has a lower interest rate, and, therefore, a lower monthly payment.

If you have multiple student loans, credit cards, or other liabilities with high monthly payments because debt consolidation can simplify things for you, it may be the best choice.

While the interest rate and monthly payment may be lower on a debt consolidation loan, it’s important to pay attention to the payment structure. Typically, with a smaller monthly payment that debt consolidation provides, debtors will pay on their loans for a longer period of time. This means that you will end up paying a higher amount than you originally would have paid.

If, however, this means that you are able to make your payments, then it will be a good option for you.

Bankruptcy

Many Alabama residents consider bankruptcy as a financial boogeyman to be avoided at all costs. Yet, if you have taken on an unimaginable amount of debt, bankruptcy exists to help you. 

Bankruptcy is a legal process where an individual who cannot repay debts to creditors may seek relief from part or all of their debt. This can be an extremely long process that requires granting judges and creditors extensive access to financial records, among other things. 

In deliberation with your bankruptcy attorney, the court will put together a plan for you to pay off as much as your debt as possible. They will also provide court-mandated guidance on how to avoid another incident involving bankruptcy in the future.

With the extensive paperwork, financial documentation, laws, and local procedures present in a bankruptcy filing, hiring an experienced bankruptcy attorney to represent you in bankruptcy is very important. 

David S. Clark and his team have been helping Auburn and Opelika, AL residents settle debt through debt consolidation and bankruptcy for years. 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.

How Bankruptcy Can Help Stop A Repossession

By | Uncategorized | No Comments

Filing bankruptcy can help car owners keep their vehicle.

If you have missed several car payments, then you may be worried that the loan company is going to repossess your vehicle.

When faced with this threat, many attempt to hide their cars, avoid calls from loan companies, and keep their vehicles locked in a garage somewhere until they can come up with the money needed.

However, many loan companies have the capability to track vehicles through GPS trackers that are installed on cars that have an outstanding payment connected to them. Some also have the capability to prevent you from starting your car through employing devices called starter interrupters.

These technologies can make avoiding a repossession seem like a losing battle for many.

Instead of living in a state of fear that the loan companies will repossess and impound your car at any moment, many debtors can file for bankruptcy and receive legal protection from loan companies so that your vehicle, and other property, cannot be repossessed, at least until the case is settled.

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

Bankruptcy Issues a Stay Order on Repossessions

Often debtors complain about loan companies and the repossessors acting on their behalf for being mean, overly-aggressive, and demanding in their attempts to repossess a vehicle.

Though there is no excuse for the immoral behaviors that some repossession and loan companies use in attempts to repossess a vehicle, the unfortunate reality is that because these loan companies have a legal claim to the vehicle when loan payments are not made, they are permitted to make these attempts at possessing the vehicle.

As soon as an individual opens a bankruptcy case, however, an automatic stay is ordered on the vehicle. This means that creditors and their partners, legally cannot touch your vehicle at least until the bankruptcy case is settled.

Stay Orders and Repossessions

As soon as the court issues a stay order, the creditor has no rights to demand you hand over the keys to your car.

No matter how much they hounded you to have the car before you filed for bankruptcy, once the case is open the law is on your side.

Simply put, stay orders protect car owners from repossession.

Bankruptcy Temporarily Protects From Repossession

Though stay orders issued from bankruptcy case filings will keep a creditor from taking your car for a time, this is not necessarily a permanent fixture. These stay orders are put in place so that debtors can have time to work through restructuring their debt through bankruptcy without having to constantly fight off repo agents.

Because the purpose of stay orders is not to permanently keep creditors from repossessing your car, there is still a chance that at the end of your bankruptcy case, you may be required to give up your car in order to meet the requirements of the bankruptcy settlement.

Bankruptcy, though, gives you a chance to keep your car and legally protects you from any potential bullying or intimidation from loan companies.

David S. Clark, An Auburn & Opelika Bankruptcy Attorney

David S. Clark and his team have been helping Auburn and Opelika, AL residents avoid repossession through bankruptcy for years and have the experience necessary to advocate your case before a bankruptcy court and in the face of intimidating loan companies.

If you are facing repossession in Auburn or Opelika and are considering filing for Chapter 7 or Chapter 13 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.

Moses Wenslydale Moore–Alabama’s First African American Attorney

By | Attorneys & Lawyers | No Comments
The information in this post was gathered from the research compiled in an article from the December 27, 2021 edition of The Alabama Lawyer entitled, “Blazing the Trail: Alabama’s First Black Lawyers.” To read the article in its entirety, click here.

In a piece commemorating the first graduating class of African American attorneys of Howard University School of Law in Washington, D.C., a black newspaper commissioned them with the sobering reminder that they were going “into the world…to give to the false and hate inspired charge of the black man’s natural inferiority a living, forcible, and effective denial.”

One of those graduates, who likely read those very words and personally felt their gravity as one being commissioned, was Moses Wenslydale Moore.

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

An Inspiring Immigrant

Born in British Guiana on February 15, 1841, Moore was born a free man since Britain had already granted emancipation to enslaved people in 1832.

Not much is known about Moore’s early life, but years later in 1867, Moore was listed as a schoolteacher sailing from London to New York. The next year and a half of Moore’s life once again fell into relative historical obscurity, though we can be sure that he faced much uncertainty while in America given the state of the country after the Civil War during the tumultuous early years of Reconstruction.

In 1869, though, Moore enrolled at the Howard University School of Law to be a member of the 6-man class of black lawyers. This group of aspiring attorneys met in the home offices of their professors since they did not have proper classrooms at the time and they took evening classes since all of them worked full-time jobs.

The Move to Mobile

Following their graduation from the Howard University School of Law in 1871, all 6 graduating men were admitted to the Washington, D.C. bar. Soon after Moses Moore departed the nation’s capital bound for the Deep South–Mobile, Alabama.

One can only speculate what this black man was thinking while en route to the embattled “Heart of Dixie.” Six years prior to Moore’s move men, women, and children who looked like him were bound to work and live in subhuman conditions as slaves.

Surely many friends and family told him that attempting to work as an attorney was too dangerous for a black man. However, Moore was evidently undeterred and bound to be a “living, forcible, and effective denial” of hatred motivated by racist bigotry.

Admitted: An African American Attorney

While in Mobile, Moore was presented for examination in order to be admitted to the Alabama State Bar with no little public interest. After a “very satisfactory examination,” Moore was successfully admitted to the bar.

He then moved to Selma–further into the heart of Alabama–and it was when he lived here that he stood before the Alabama Supreme Court seeking admittance to practice law within the state. On January 4, 1872, Moses Wenslydale Moore was admitted to practice in Alabama.

A Black Lawyer’s Legacy

After only a few years in Alabama, Moore moved to Mississippi for a short time and then took the voyage back across the Atlantic to be an English professor in France.

Though little is known about the actual legal practice of Mr. Moore in Alabama and observers of history can speculate as to why he decided to leave Alabama, the South, and the United States altogether; he offered a unique contribution to Black history in the United States.

In the face of great uncertainty and danger, Moses Moore did what none before him had done in becoming the first African-American Attorney in Alabama and for that all Alabamians owe him our admiration and thanks.

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.

Alabama Foreclosure Basics

By | Attorneys & Lawyers, Foreclosure | No Comments

An Auburn & Opelika foreclosure defense lawyer can help you when facing foreclosure.

With the national foreclosure moratorium due to the COVID-19 epidemic no longer in effect, foreclosures in the United States have seen a dramatic increase over the last several months. 

Given the reality that more Auburn and Opelika, Alabama residents are now vulnerable to their homes being foreclosed on, it is important that homeowners know the reasons why lenders may choose to pursue foreclosure and how the foreclosure process unfolds.

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 Lenders Pursue Foreclosure

Though purchasing a home with cash has seen a recent increase, the overwhelming majority of homebuyers still need to finance their homes because they simply do not have a spare $90,000 to $500,000+ lying around.

Sometimes the desire to be a homeowner can be so strong that a person is willing to agree to a mortgage agreement that is not sustainable long-term so that they can purchase the home. Often, though, when this occurs, homeowners realize they are unable to afford the mortgage payments.

They begin to miss consecutive payments. 

They eventually default on the loan and the lender usually sends what is called a “breach letter” to the debtor. Breach letters alert debtors that the loan is in default. If the payment isn’t made within the stipulated time, the lender can accelerate, or call due, the loan.

If the debtor still does not make the loan payment, the lender will initiate a foreclosure on the home.

The Foreclosure Process

In most mortgage agreements the foreclosure process officially begins when a loan is delinquent for more than 120 days.

The lender, then is required to post a notice of foreclosure for three consecutive weeks in the newspaper before the home can be sold.

Once the home has been posted for three weeks, the lender is then able to hold an auction for the sale of the property.

Redemption Period

In Alabama, debtors who have had their home foreclosed have a brief period in which they can redeem the home by coming up with the necessary money to satisfy the loan agreement.

The period during which a debtor can redeem the foreclosed home varies by case.

If a lender gives the debtor a notice of the right of redemption 30 days before the foreclosure, the debtor has 180 days to redeem the property. If the lender fails to give a notice before the auction of the property and sends a notice afterwards, the debtor has 180 days from the date of the notice to redeem the property.

If the lender never provides a right of redemption notice to the debtor, the debtor has no more than a year after the foreclosure date to redeem the property.

Eviction

When you are facing a foreclosure in Auburn or Opelika, AL, be aware that a lender cannot evict you without giving proper notification. In order for a lender to evict a debtor in the process of a foreclosure, the lender must provide a notice of eviction at least ten days before beginning eviction proceedings.

Help While Facing Foreclosure in Opelika/Auburn, AL

David S. Clark is a foreclosure defense attorney serving the residents of Auburn and Opelika Alabama able to help you navigate the difficult waters of home foreclosures.

David and his team will work on your behalf to help you avoid foreclosure, if possible, or come out on the other side of foreclosure in a more stable financial position.

If you are facing foreclosure in Opelika or Auburn, AL and need a foreclosure defense lawyer, 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.

Financial Tips From an Opelika Bankruptcy Attorney

By | Attorneys & Lawyers, Personal Finance, Understanding Bankruptcy | No Comments

One of the most common reasons that individuals fall into a financial crisis and decide that bankruptcy is the best option for them is poor financial stewardship, specifically when it comes to credit.

Though medical expenses and job loss are ranked higher than poor personal finance for reasons that people file for bankruptcy, those two issues are far more dependent on outside forces than personal financial responsibility.

Given that each person is the most important player in their own financial stewardship, we want to give our clients, potential clients, and readers practical tips about how they can make better financial decisions in order to avoid bankruptcy.

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

Tip #1: Control Your Spending on Credit

People incur credit when making a purchase that either costs more than the cash they have on hand or more cash than they want to spend at one time.

Incurring debt through credit is not always a bad thing.

For example, one of the most effective ways that Americans build personal wealth is through home ownership. Most people don’t just casually have $300,000 sitting in their bank accounts, so they take out a mortgage and purchase their home on credit.

Many, however, incur debt less strategically than for the purpose of building long-term wealth. They often incur debt on purchases that are much less important than a home–expensive cars, a TV, clothes, the newest iPhone, etc.

One of the major problems with excessive spending on credit is that people begin to run up credit card bills and have no realistic plan to pay off the debt in the coming months, years, or decades. Eventually, they default on the loan or miss one too many credit card payments and creditors come ready to make them pay their debts.

The best way to avoid finding yourself neck-deep in debt with unending calls from creditors is to manage your spending from the beginning. Unless you have a clear plan to pay back your debts and the discipline to stick to that plan, don’t purchase using credit.

Tip #2: Avoid Quick Loans

Often when individuals are short on cash and a bill comes due, they see no other option, but to go to quick loan, payday loan, title loan, etc. business in order to get the money needed to pay the expense.

The problem with borrowing money from these predatory establishments, though, is that they lend at extremely high interest rates. These companies usually lend to individuals who are already financially vulnerable. When these individuals begin to pay off the massive interest on the relatively small loan, they quickly realize that borrowing from a quick loan company was a mistake.

For more information on payday loans read our article, here.

A Few Alternatives to Quick Loans

Churches & Non-profits

For expenses like grocery bills, one-time rent payments, bus fares for a job interview, etc. local churches, other faith-based organizations, and community non-profits are often willing to help fit the bill.

Here is a list of Auburn/Opelika Churches.

Family Loans

Though it may take a bit of humility to ask, assistance from responsible family members can be one of the safest ways to borrow money and often at no or very little interest.

Alternative Sources of Cash

Now more than ever there are alternative ways for individuals to make a quick buck honestly and with no strings attached, like high interest rates.

Companies like Uber, DoorDash, and TigerTown To Go (an Auburn/Opelika company) are making quick, occasional sources of cash from actual work much easier to find.

David S. Clark, An Auburn/Opelika Bankruptcy Attorney

If you have followed these tips, yet still find yourself in a financial crisis, bankruptcy may be the best option for you. David S. Clark is an Auburn & Opelika bankruptcy attorney who helps clients throughout the entire bankruptcy process.

We can help you determine whether Chapter 7 or Chapter 13 bankruptcy is the best option for you. For a free case consultation, 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.

Chapter 7 Bankruptcy Attorney in Opelika, AL

By | Chapter 7 Bankruptcy | No Comments

Hire an Opelika bankruptcy attorney for your Chapter 7 bankruptcy case. 

Alabama Middle District Bankruptcy Statistics

From 2017 – 2018, bankruptcy filings in Alabama’s Middle District, the district of bankruptcy courts in which Opelika is located, have decreased by 2.8%. When the COVID-19 pandemic arrived in the United States in early 2020, though, this trend was expected to change as bankruptcies across the nation were predicted to drastically increase.

However, with the financial help provided through the multiple rounds of stimulus checks provided by the federal government, consumer bankruptcy filings through Chapters 7 and 13 bankruptcies actually decreased.

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

Interest in Bankruptcy on the Rise in Opelika

Now that a lot of the direct government financial assistance is no longer available to Americans, Opelika residents are once again considering filing bankruptcy in order to avoid complete financial ruin. In just the last month at David S. Clark, we have seen over a 65% increase in inquiries.

Many are searching for Opelika bankruptcy lawyers that can help them work through the process of Chapter 7 bankruptcy.

Chapter 7 Bankruptcy Basics

Chapter 7 bankruptcy relieves a debtor from his or her debts by means of liquidating (turning assets like a car or home into cash) the debtor’s assets and distributing the funds gained from this liquidation to the debtor’s creditors.

Not everyone is able to file Chapter 7 bankruptcy though. Those wishing to do so in Opelika, AL must:

  • Be subject to a means test.
  • Appear before a bankruptcy court.
  • Receive financial counseling from a professional credit counselor.

If a debtor is able to declare Chapter 7 bankruptcy, then he or she will submit a petition to the appropriate district bankruptcy court. For Opelika residents, this is the United States Bankruptcy Court–Middle District of Alabama.

For a more robust description of Chapter 7 Bankruptcy in Opelika, AL, read our previous post, “What Is Chapter 7 Bankruptcy?”.

Chapter 7 Bankruptcy Attorney in Opelika, AL

David S. Clark is a Chapter 7 bankruptcy attorney that has been helping residents of Opelika, AL get financial relief through bankruptcy for years.

David and his team of bankruptcy professionals can walk with you through each step of Chapter 7 bankruptcy helping you to interpret some of the legal jargon that you may not be familiar with, representing you before the bankruptcy judge, and counseling you at moments when you have to make difficult financial decisions.

If you are considering filing bankruptcy in Opelika, AL and need an Opelika Chapter 7 bankruptcy attorney that you can trust, 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.