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Oct 16
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Back to Basics: Bankruptcy and Wage Garnishments

By Bankruptcy Law, Financial Tips No Comments

The next chapter of our “back to basics” series: Bankruptcy and Wage Garnishments.

As we’ve said over and over, bankruptcy can seem extremely scary. The thought of losing your car, home, or other possessions is certainly intimidating. Thankfully, there are often more myths surrounding bankruptcy than truths. Ultimately, more than anything, bankruptcy can significantly help with overwhelming personal debt and even protect you from wage garnishment. So, in the next iteration of our “back to basics” series, we wanted to take a moment to give a quick breakdown of bankruptcy and wage garnishments. 

What Are Wage Garnishments?

According to the US Department of Labor, wage garnishment is “a legal procedure in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt such as child support.” Essentially, this means that your paycheck or any other form of payment would go to a creditor instead of to you. A few more common forms of garnishments could include child support, alimony, student loan payments, and income taxes. 

Ultimately, wage garnishments can be financially crippling and incredibly difficult to stop. This is especially true when some forms of wage garnishments can take up to 50% or more of your wages. Thankfully, there are ways to fight this, and it surrounds that “scary” word we mentioned before…bankruptcy. 

In terms of personal bankruptcy, there are two main chapters, Chapter 7 and Chapter 13. Both of these include a few different processes and forms of repayment, which makes it essential to talk to an experienced personal bankruptcy attorney in Opelika before moving forward. Yet, here is a quick breakdown of both in terms of wage garnishments. 

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 and Wage Garnishments

As soon as you declare Chapter 7 bankruptcy, wage garnishments are stopped due to an item known as the “automatic stay”. Ultimately, the automatic stay gives you a break from the financial stress that often follows wage garnishments. Once in place, this also allows your dedicated bankruptcy attorney in Opelika, Alabama to help you regain your financial footing. 

Chapter 13 Bankruptcy and Wage Garnishments

Much like Chapter 7, Chapter 13 bankruptcy introduces an automatic stay to your unique bankruptcy case. As mentioned above, the ability to stop wage garnishments is one of the most impactful ways that declaring bankruptcy helps when debt gets overwhelming. 

Through the Chapter 7 and Chapter 13 bankruptcy processes, and with the help of an experienced bankruptcy attorney, regaining your financial freedom and getting back on your feet isn’t so far away. It will take hard work, commitment, and starting new financial habits, but it is possible to get back to a healthy place with your finances. The financial easement process of automatic stays, which halt wage garnishments, is only one such way that the bankruptcy process can help.

The Difference With David S. Clark

If you are looking for dedicated bankruptcy law professionals to help you with your financial hardships, look no further than the experienced David S. Clark. Our focused and successful legal team has a combined legal experience of over 25 years. 

If you are an Auburn or Opelika, Alabama resident struggling with the weight of overwhelming debt, let us serve you and help you get back on your feet. Contact us today to begin your journey back to financial freedom.

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.

Sep 26
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Back to Basics: What To Do After Bankruptcy

By Financial Tips No Comments

Here is a quick breakdown of what to do after bankruptcy is complete from David S. Clark, an Opelika-based personal bankruptcy attorney who offers help for those seeking Chapter 7 or Chapter 13 bankruptcy in Lee County, Alabama. 

Unfortunately, there isn’t much information about what happens after bankruptcy, and many Auburn or Opelika residents are often faced with a scary question: “What do I do now?”. Ultimately, life after Chapter 7 or Chapter 13 bankruptcy holds a lot of uncertainty and, truthfully, will come with a few hardships (such as rebuilding your credit). However, life after bankruptcy is actually the key to your financial “reset” or “fresh start”. Here is a quick breakdown of what to do after bankruptcy is complete from David S. Clark, an Opelika-based personal bankruptcy attorney who offers help for those seeking Chapter 7 or Chapter 13 bankruptcy in Lee County, 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

Adapt Good Saving Habits

If you’ve been in a history class, then you probably understand the phrase “history repeats itself”. In this situation, it’s important to avoid this in every way possible, especially after facing bankruptcy. So, the best way to avoid going bankrupt again is to establish good and superior financial habits. These are called habits for a reason, and it may take some growing pains, but these choices are crucial to rebuilding your finances!

Create a Budget & Stick To It

More than anything, life after bankruptcy can be stressful and confusing, so planning your finances around a simple budget can help relieve the pressure around you. So, take time to establish a budget that works for you and fits within your unique wants and needs. 

Rebuild Your Credit, Rebuild Your Financial Freedom

To achieve a new financial life after Chapter 7 or Chapter 13 bankruptcy, it is very important to take the necessary steps to rebuild your credit. Rebuilding your credit can be accomplished by making your payments on time, opening a secure credit card and gaining a credit-builder loan.

Payment history accounts for 35 percent of your overall FICO credit score calculation. Therefore, it is highly imperative that you are consistent with paying your bills on time when rebuilding your credit. This goes to show that you are becoming financially responsible.

You should begin by reducing your dependence on credit cards in general, though the use of a secured credit card can help you gain a sense of trust through the eyes of your creditors. A secured credit card is usually backed by a savings account in your name, where the money serves as collateral and establishes a spending limit. Once again though, it is still just as important to make those on-time payments with your secured credit card.

Credit-builder loans are just another great way for you to continue rebuilding your credit. With this type of loan, you essentially make fixed payments to your lender and then get access to the loan amount at the end of the loan’s term. Credit-builder loans provide you with another opportunity to show that you are financially responsible enough to consistently make on-time payments.

Your Chapter 7 and Chapter 13 Bankruptcy Attorney – David S. Clark

If you are an Auburn or Opelika, Alabama resident searching for a new start with Chapter 7 or Chapter 13 personal bankruptcy, David S. Clark has years of experience serving this community. Contact David S. Clark today for more information!

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.

Sep 11
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Who is The “Best” Bankruptcy Attorney in Opelika?

By Bankruptcy Law No Comments

David S. Clark, an experienced Chapter 7 & Chapter 13 bankruptcy attorney breaks down how to find the best personal bankruptcy attorney for your unique financial situation.

Bankruptcy often goes hand in hand with many overwhelming financial burdens like expensive medical bills, credit card debt, divorce, job loss, or other unexpected expenses. 

Thankfully, declaring bankruptcy does not mean the end of your finances forever–if anything, it means a fresh start. While this is true, Chapter 7 and Chapter 13 bankruptcy take time and knowledge of the local Opelika, Alabama bankruptcy laws. Thankfully, you don’t have to do it alone! A dedicated Chapter 7 or Chapter 13 bankruptcy attorney can not only fight for you but help guide you through the confusing personal bankruptcy process. 

But, who is the “best” bankruptcy attorney? Ultimately, instead of looking for the “best”, look for the “right” bankruptcy attorney for your unique financial situation. Here is a breakdown of how to find the best personal bankruptcy attorney for you from David S. Clark, an Opelika bankruptcy lawyer offering Chapter 7 and Chapter 13 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

Find a Bankruptcy Attorney with Dedication to Your Needs

More than anything, make sure that the bankruptcy attorney you decide to go with is not only experienced in the main chapters of personal bankruptcy (Chapter 7 and Chapter 13) but also compassionate towards your difficult financial situation. A dedicated attorney should alleviate stress, not add to it. 

Also, don’t make your decision solely on affordability. Bankruptcy, especially under Chapters 7 and 13, requires careful preparation and understanding of Alabama bankruptcy law. Misunderstandings of the law or making crucial mistakes in the process could be the difference in the success or failure of your bankruptcy case. 

Look for Local Experience in Chapter 7 & Chapter 13 Bankruptcy

While Chapter 7 and Chapter 13 both fall under “personal” bankruptcy in Alabama, there are a few major distinctions. The biggest difference is that Chapter 7 focuses on discharging “unsecured” debt such as credit cards, personal loans, or medical bills while Chapter 13 allows you to catch up on “secured” debts like your home or car while also discharging any unsecured debt.

Beyond having familiarity and experience with the distinctions of bankruptcy laws, a bankruptcy attorney should also be local. By hiring an attorney like David S. Clark, who is local to Auburn and Opelika, Alabama, you can have faith knowing they will use their knowledge of the local court procedures and personnel to your benefit.

The Difference with David S. Clark – Your Personal Bankruptcy Attorney

So, while there is technically no answer to who the “best” bankruptcy attorney is, through these helpful considerations, we hope that your path to financial peace is closer than ever before. 

For more information on how the experienced team at David S. Clark can help you recover from financial ruin with Chapter 7 or Chapter 13 bankruptcy in Auburn or Opelika 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.

Aug 27
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Back to Basics: What is Chapter 7 Bankruptcy

By Chapter 7 Bankruptcy No Comments

David S. Clark takes you “back to basics” with Chapter 7 bankruptcy.

Next up in our “Back to Basics” series, we want to break down one of the most common forms of personal bankruptcy: Chapter 7. Ultimately, Chapter 7 bankruptcy offers a fresh start to residents across Alabama by discharging most unsecured debts (we’ll explain what this means below). So, if you’re an Opelika, Alabama resident seeking freedom from overwhelming debt, here is how Chapter 7 bankruptcy could help from David S. Clark, a personal 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 is Chapter 7 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.

How Does Chapter 7 Bankruptcy Work?

In terms of the timeline of events, Chapter 7 always begins with a petition to a local bankruptcy court. In this case, in Opelika, much like the rest of Alabama, this petition for bankruptcy also requires you to provide detailed information about your unique financial situation. This must include your income, expenses, assets, debts, and more. Ultimately, this information will be used to determine if you qualify for Chapter 7 bankruptcy under the “means test”. 

The means test compares your income to the median income for a household of your size in Alabama. If your income is below the median, you typically qualify for Chapter 7. If your income is above the median, you may still qualify, but you’ll need to provide additional information to demonstrate that you can’t afford to repay your debts under a Chapter 13 repayment plan (the other chapter of personal bankruptcy).

Once your petition is filed, an automatic stay goes into effect, preventing creditors from pursuing collection actions against you. This means that creditors must stop calling, sending collection letters, or initiating lawsuits while your bankruptcy case is pending.

What Happens to Your Assets?

Typically, and understandably so, one of the most common concerns of bankruptcy is the potential loss of assets. Thankfully, while it’s true that your appointed bankruptcy trustee may sell some of your property to pay off unsecured debts, many assets are protected by Alabama law. These exemptions can include your home, car, personal belongings, and certain retirement accounts. Yet, every bankruptcy case is different, so it is essential to work with an experienced bankruptcy attorney who can help you understand further. 

How Long Does Chapter 7 Bankruptcy Take?

The Chapter 7 process is relatively quick compared to other forms of bankruptcy. Most cases are completed within four to six months from the date of filing. After your case is discharged, you are no longer legally obligated to repay the discharged debts, allowing you to focus on rebuilding your financial future.

David S. Clark – Your Chapter 7 Bankruptcy Attorney in Alabama

In conclusion, if you’re struggling with the weight of debt, Chapter 7 bankruptcy may be the second chance you need to find financial freedom. Yet, it is essential to seek advice from a dedicated personal bankruptcy attorney throughout this process. That’s where a local Chapter 7 and Chapter 13 bankruptcy attorney like David S. Clark can provide the help you need! 

If you’re ready to start the journey towards financial freedom, contact the team at David S. Clark in Opelika, Alabama 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.

Aug 12
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Back to Basics: Chapter 13 Bankruptcy

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David S. Clark takes you “back to basics” with a breakdown of Chapter 13 bankruptcy

Bankruptcy can be a daunting word, but it can also be the best way to regain financial control. If you’re an Opelika or Auburn, Alabama resident and seeking an escape from the weight of overwhelming debt, here is a quick and easy breakdown on Chapter 13 bankruptcy 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 is Chapter 13 Bankruptcy?

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. 

How Does Chapter 13 Work?

Before moving forward with Chapter 13 bankruptcy, it is essential to find a Chapter 13 bankruptcy attorney who understands your unique financial situation. Furthermore, a local Alabama bankruptcy lawyer will understand the often complex nature of bankruptcy, providing you with valuable information, encouragement, and help. 

So how does it work? Ultimately, when you file for Chapter 13 bankruptcy in Opelika, the process begins with a petition to the bankruptcy court. This is also where you must provide a detailed financial report that includes your assets, liabilities, income, expenses, and a proposed repayment plan.

As mentioned above, the repayment plan typically lasts between three to five years, with the exact timing depending on your income level. During this time, you will make monthly payments to a dedicated bankruptcy trustee, who then distributes the funds to your creditors according to the court-approved repayment plan. 

Who Qualifies for Chapter 13 Bankruptcy?

Unfortunately, this question isn’t as simple as it may seem. Bankruptcy is a complicated and unique option for every individual struggling with debt. So, it is crucial to talk to your dedicated Chapter 13 bankruptcy attorney about your options, and if you qualify for those options before moving forward. 

Benefits of Chapter 13 Bankruptcy

Filing for Chapter 13 bankruptcy in Auburn or Opelika, Alabama offers several key benefits:

  1. Asset Protection: Unlike Chapter 7, you can keep your home, car, and other assets while repaying your debts over time.
  2. Debt Consolidation: Chapter 13 consolidates your debt into one monthly payment, simplifying your finances and providing much-needed relief. 
  3. Foreclosure Prevention: Chapter 13 stops foreclosure proceedings, allowing you to catch up on your mortgage.
  4. Reduced Creditor Harassment: Once you file for bankruptcy, an automatic stay is put in place, preventing creditors from harassing you or attempting to collect debts.

Is Chapter 13 Right for You?

Much like the rest of this blog, this question requires time and effort to figure out. Yet, don’t be intimated by it! You don’t have to walk through this process of reaching financial freedom alone.

In conclusion, Chapter 13 bankruptcy is a powerful tool for those who are committed to repaying their debts but need more time or flexibility. David S. Clark is a bankruptcy attorney who not only understands the need for that flexibility but strives to fight alongside you. 

If you’re searching for a Chapter 13 bankruptcy attorney in Opelika, Alabama, look no further than David S. Clark. Ready to get started? Reach out to 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.

Jul 31
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How Chapter 7 Bankruptcy Can Help in Auburn, Alabama

By Bankruptcy Law, Chapter 7 Bankruptcy No Comments

Bankruptcy is quite common throughout the country, as well as Alabama specifically. In Auburn, Chapter 7 Bankruptcy is one the most common forms of bankruptcy, and many residents file Chapter 7 Bankruptcy in Auburn every year.

Auburn residents who face crippling financial debt may see few ways forward. Thankfully, even when your debt can seem too large to overcome, there are safeguards in place, including Chapter 7 Bankruptcy, that allow for a fair and effective way to help get you back on your feet. Let’s take a closer look at how Chapter 7 Bankruptcy can help in Auburn, 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

Chapter 7 Bankruptcy in Auburn, Alabama

Bankruptcy is quite common throughout the country, as well as Alabama specifically. In Auburn, Chapter 7 Bankruptcy is one the most common forms of bankruptcy, and many residents file Chapter 7 Bankruptcy in Auburn every year. Essentially, Chapter 7 Bankruptcy is an option for Auburn residents who accumulate debt to a point that is beyond control, where they cannot afford to pay their debt off. When this occurs, Auburn residents can consider Chapter 7 Bankruptcy, which gives them a way to start again and unburden themselves from the crippling weight of debt.

How Chapter 7 Bankruptcy Works in Auburn

Chapter 7 Bankruptcy works to alleviate debt that has been accumulated to the point where you cannot repay it. It does this by liquidating your assets in an effort to pay down these debts, allowing for you to move forward without facing further legal actions and wage garnishments. By liquidating your assets, Chapter 7 Bankruptcy pays down as much of your debt as possible, and with the help of the courts and trustees, it creates a path forward that is fair for both the debtor and the one who is owed. 

Auburn Bankruptcy Attorneys

With the help of experienced bankruptcy attorneys in Auburn, navigating the process of bankruptcy can be greatly simplified. Trusted and experienced bankruptcy attorneys in the area will know the ins and outs of bankruptcy law and the legal process revolving around it, so they are able to guide you through the process in a way that serves your best interest. They will also be able to advise you regarding your debt and seeing if there is a way to avoid bankruptcy altogether. Because of their experience in the field and knowledge of how bankruptcy can sneak up on well-meaning Auburn residents, Auburn bankruptcy attorneys will also be equipped with advice on how to build financially responsible habits and avoid bankruptcy in the first place. 

David S. Clark: Auburn’s Chapter 7 Bankruptcy Attorney

If you are an Auburn resident who has accumulated overwhelming debt that can no longer be managed or effectively paid down, turning to the experts at David S. Clark is a great next step to take. We can advise you on strategic financial decisions that may be able to help you avoid bankruptcy. However, when chapter 7 bankruptcy is in your future, there is no one more capable to represent you and guide you through the bankruptcy process than David S. Clark.

Our office is located in Opelika, and we serve the needs of Auburn residents who face bankruptcy and need help. We can guide you through the complicated process step by step. Contact us today for more information on chapter 7 or chapter 13 bankruptcy in Auburn, or to schedule a free consultation at our office in Opelika.

Come see Auburn’s Chapter 7 Bankruptcy Attorney, David S. Clark, and begin the journey to regaining financial stability 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.

Jul 18
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Opelika’s Bankruptcy Attorney

By Uncategorized No Comments

Navigating the Bankruptcy process is intimidating, stressful, and often emotionally draining. Trusting an experienced expert in the process like David S. Clark helps alleviate the stress and pressure of the situation.

Facing bankruptcy in Opelika can be a lonely and challenging process. Thankfully, there are legal experts with experience in navigating the bankruptcy process in Opelika that can help you with your financial situation. David S. Clark and his team have over 25 years of experience in assisting Opelika residents get back on their feet during bankruptcy. Let’s take a look at some of the key services that David S. Clark offers to help with bankruptcy in Opelika, AL.

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

Despite what you may think, Chapter 7 Bankruptcy is quite common across the country, as well as in Alabama and Opelika. In fact, Chapter 7 Bankruptcy is the most commonly filed bankruptcy in America. David S. Clark has been serving the Opelika area’s need for legal counsel in Chapter 7 Bankruptcy for years, and is very experienced and knowledgeable in the process. 

Chapter 7 Bankruptcy in Opelika typically entails liquidation of your assets in an effort to help repay debt that can’t otherwise be paid. This can include credit card balances, medical bills, loans, utility bills, mortgages, and more. However, Chapter 7 Bankruptcy does not resolve certain other debts, including student loans, child support, alimony, and more. 

Chapter 13 Bankruptcy in Opelika

Next to Chapter 7 Bankruptcy, Chapter 13 Bankruptcy is also one of the most common forms of bankruptcy filed in Alabama. Rather than focusing on liquidating assets to help alleviate debt like in Chapter 7 Bankruptcy, Chapter 13 Bankruptcy is focused on repaying debts under a repayment plan while you keep certain assets throughout the process. 

Based on factors including income level, assets, expenses, and more, a dedicated bankruptcy attorney creates a repayment plan for you. These plans are typically outlined to take place over the course of 3-5 years time. This allows you to make dedicated payments towards your debt without losing everything that you have.

 

Bankruptcy Law in Opelika

Navigating the Bankruptcy process is intimidating, stressful, and often emotionally draining. Trusting an experienced expert in the process like David S. Clark helps alleviate the stress and pressure of the situation. Bankruptcy lawyers and attorneys can help you get back on your feet after hitting financial hardships. When your debt becomes overwhelming and unmanageable, Bankruptcy can be a way to help give you a chance to start again, moving forward with new spending habits and a higher level of fiscal responsibility.

David S. Clark: Opelika’s Bankruptcy Attorney

If you are considering filing Bankruptcy in Opelika, whether Chapter 7, Chapter 13, or you are unsure, consider stopping by for a free consultation with David S. Clark. David is knowledgeable and experienced at representing and guiding Opelika residents through the bankruptcy process, helping them to get back on their feet and start again. Contact us today for more information or to schedule a free consultation at our office in Opelika.

Come see Opelika’s Bankruptcy Attorney, David S. Clark, and begin the journey to gaining financial stability 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.

Jun 28
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How to Choose the Right Bankruptcy Attorney in Opelika

By Bankruptcy Law No Comments

How to Choose the Right Bankruptcy Attorney in Opelika

Though it doesn’t come as a surprise, filing for Chapter 7 or Chapter 13 bankruptcy is quite a significant decision, and perhaps the most crucial part of the process is choosing the “right” bankruptcy attorney. So, if you’re overwhelmed by the weight of debt and considering Chapter 7 or Chapter 13 bankruptcy and looking for a bankruptcy attorney who understands your wants and needs, here is a breakdown of how to choose the “right” attorney for you from the team at David S. Clark 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

1. Look for Specialization in Bankruptcy Law

Like other types of law, bankruptcy law includes many different types, or “chapters” as they’re more commonly known. Personal bankruptcy spans across two main chapters: Chapter 7 and Chapter 13. So, in your search for a bankruptcy attorney, seek a lawyer who specializes in those chapters, and ensure they can provide expert guidance tailored to your unique financial situation. 

2. Check Qualifications and Experience

When it comes to bankruptcy law, an attorney’s qualifications and experience are paramount. Take time to research attorneys in the Auburn and Opelika areas. Look into their education, bar admissions, and any additional certifications necessary for bankruptcy law. Ultimately, experience matters, because an attorney who understands the legal landscape of Chapter 7 and Chapter 13 bankruptcy can not only help you navigate the entire process but also lead to a higher success rate in terms of your unique bankruptcy process. 

3. Read Client Reviews and Testimonials

Yet, how can you judge a bankruptcy attorney’s experience? One of the main ways is to look into client reviews and testimonials. These offer valuable insights into an attorney’s reputation as well as the overall quality of the services they provide. Pay attention to feedback about their responsiveness, communication skills, and overall client satisfaction. Positive reviews from clients who had cases similar to yours can be particularly reassuring.

4. Schedule Initial Consultations

Most bankruptcy attorneys offer free initial consultations. Use this opportunity to meet with potential attorneys and gauge their compatibility. Here is a quick list of a few questions to ask to better determine if an attorney is the right fit:

  • How many Chapter 7 and Chapter 13 cases have you handled?
  • What is your success rate in bankruptcy cases?
  • How do you keep clients informed throughout the process?
  • What are your fees, and what services do they cover?

5. Consider Local Knowledge

Choosing an attorney with local knowledge can be advantageous. They will be familiar with the specific bankruptcy trustees, judges, and court procedures in Opelika. This local insight can help streamline your case and potentially lead to better outcomes.

6. Trust Your Instincts

Finally, make sure to trust your instincts. Make sure that you feel confident and comfortable with the decisions you make, and choose a bankruptcy attorney who not only understands the legal landscape around you but understands you.

David S. Clark – Your Bankruptcy Attorney in Opelika

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.

Jun 21
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How to Navigate Bankruptcy in Opelika

By Bankruptcy Law No Comments

How to Navigate Bankruptcy in Opelika

Filing for bankruptcy in Alabama can be an overwhelming and daunting process, but it can also provide a “second chance” for those struggling with debt. If you’re a resident in Auburn or Opelika and considering filing for bankruptcy, understanding the steps involved can not only help ease your concerns but also prepare you for the journey ahead. Here is a step-by-step guide on how to navigate the bankruptcy process from David S. Clark, a Chapter 7 and Chapter 13 bankruptcy attorney based 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

  1. Evaluate Your Financial Situation

Before taking steps to file for bankruptcy, it’s essential to assess and get an overview of your financial situation. Look through your debts, income, monthly expenses, and assets. Ultimately, understanding your financial “position” will help determine which chapter of personal bankruptcy could be right for you. 

As a quick note, personal bankruptcy typically falls between two “chapters”. These include Chapter 7 Bankruptcy and Chapter 13 bankruptcy, both of which include different steps, qualifications, and overall impact on your financial situation. Here is a great breakdown of those chapters from David S. Clark! 

  1. Seek Professional Advice

Perhaps the most crucial step in the process is consulting with a qualified personal bankruptcy attorney in Opelika or Auburn, Alabama. A bankruptcy attorney can not only provide expert guidance throughout the bankruptcy process, but also help you make the most informed decisions for your unique financial situation. 

It is important to remember that your bankruptcy case is unique and will look incredibly different from another. So, taking the time to talk with a bankruptcy attorney who understands personal bankruptcy and bankruptcy law in Alabama is key. 

  1. Gather Required Documentation

Filing for bankruptcy requires extensive documentation. You’ll need to collect and organize the following:

  • Recent tax returns
  • Pay stubs and proof of income
  • Bank statements
  • Lists of all debts, including credit cards, loans, and medical bills
  • Records of property and assets
  • Monthly living expenses

Having these documents ready will streamline the filing process and ensure that your bankruptcy petition is complete and accurate.

Your dedicated bankruptcy attorney can also help you access these key documents. Yet, it is essential that you are open and honest throughout the process. Hiding documents, debts, or assets can ruin any chance of your bankruptcy process being successful.  

  1. File the Bankruptcy Petition

With the help of your dedicated personal bankruptcy attorney, you’ll prepare and file your bankruptcy petition with the bankruptcy court in Alabama. This petition includes detailed information about your debts, assets, income, and any other pertinent financial information. This filing officially starts the bankruptcy process and also triggers an “automatic stay”, which halts collection activities and protects you from creditors. 

For more information on the automatic stay, click here! 

  1. Receive Your Bankruptcy Discharge

Depending on which chapter pf bankruptcy you filed for (typically under Chapter 7), you could receive a discharge of your eligible debts within three to six months after filing. For Chapter 13, debt discharge occurs after you complete your court-mandated repayment plan, which lasts for three to five years. 

Ultimately, debt discharge releases you from the liability for most debts, providing a fresh financial start. 

David S. Clark, Your Personal Bankrupty Attorney in Opelika

While this is a guide on how to navigate bankruptcy, it is essential to remember that every bankruptcy case is different, and the process is definitely longer than a blog post can describe. Yet, if you’re looking for financial freedom and facing overwhelming debt, bankruptcy can provide a second chance. With the help of an experienced bankruptcy attorney, like David S. Clark, you can not only have an advocate, but a friend to encourage you through the entire process. 

If you’re an Opelika or Auburn, Alabama resident struggling with the weight of overwhelming debt and seeking the financial advice, wisdom, and encouragement 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.

May 22
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Chapter 7 & Chapter 13 Bankruptcy FAQ

By Bankruptcy Law No Comments

While the complexities of bankruptcy naturally lead to many questions or concerns, it can be your ticket to a second chance financially.

If you’re an Auburn or Opelika resident struggling with the weight of debt, bankruptcy can seem like a daunting option. Yet, while the complexities of bankruptcy naturally lead to many questions or concerns, it can be your ticket to a second chance financially. 

Whether you’re considering Chapter 7 or Chapter 13 bankruptcy as a way to manage your debt or simply want to learn more about the process, here are some of the most commonly asked questions about personal bankruptcy to better help you understand the process and make informed decisions about your financial future from David S. Clark, an experienced personal 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

Will I Lose My Home if I File for Bankruptcy?

Losing a valuable asset, such as a home, is a significant concern for many Alabama residents under the weight of enormous debt. Thankfully, the outcome of your home depends on several factors, including the type or “chapter” of bankruptcy you file for (as discussed 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 any chapter of bankruptcy, every case is going to be different, so it is essential to communicate with an experienced personal bankruptcy attorney on the best options that could protect your home. 

Will Bankruptcy Stop Debt Collection Harassment?

Under Section 524 of the U.S. Bankruptcy Code, once your debt is discharged through bankruptcy, no one can take action against you. This protection, known as the “automatic stay,” is immediately enforced by the bankruptcy court when you file for bankruptcy.

The automatic stay prohibits creditors from contacting you about any discharged debt. They cannot call, email, visit, or make any attempt to collect a debt from you. However, it’s important to note that 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

As mentioned throughout this blog, every personal bankruptcy case is different, especially when it comes to the complexities of Chapter 7 and Chapter 13 bankruptcy. Thankfully, you don’t have to navigate this challenging process alone. 

If you are an Auburn or Opelika resident ready to file for Chapter 7 or Chapter 13 bankruptcy or simply seeking financial advice from an experienced bankruptcy attorney, contact David S. Clark, an experienced bankruptcy attorney in Opelika, Alabama 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.