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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.

Bankruptcy Helps: “Buy Here, Pay Here”

By Chapter 13 Bankruptcy No Comments

Chapter 13 Bankruptcy can get your car turned back on. 

Every year thousands of Alabamians decide to buy used cars from car dealerships that are commonly called “buy here, pay here” dealerships.

For car buyers whose credit isn’t good enough for a traditional loan or they simply don’t have any existing credit, the messaging from these dealerships can create an almost irresistible allure to buy a car from them.

        “No credit, no problem!”                     “Down payments as low as $500!”                             “Buy here, pay here!”

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

Many residents of Auburn and Opelika, AL buy cars from these dealerships at a moment that they have a small pile of extra cash lying around. However, whenever the time to make payments on the loan comes around, buyers realize that the interest rate on their loan is ridiculously high.

The creditors at “buy here, pay here” car dealerships know that the individuals that they sell to are often going to be unable to finish making payments on the cars that they buy. So, many times creditors will install a GPS tracker or what’s called a “starter interrupter” in cars that they financed.

If debtors fail to make a payment, the car dealership will initiate the “starter interrupter” and shut the car off until they receive payment on the loan.

Chapter 13 Bankruptcy Can Get Your Car Turned Back On

Automatic Stay Orders

Whenever debtors file for Chapter 13 Bankruptcy, the court imposes an injunction to creditors that prevents them from taking any further action on you or your car. This injunction is called an “automatic stay.”

Modified Car Loan Payments

After the injunction is issued, you still may not be able to repay the original loan amount.

Depending on the restructuring of your debt under your Chapter 13 Bankruptcy plan, you may be able to avoid returning your car to the dealership by making smaller payments. This will help you keep your car while still making payments on the loan.

Chapter 13 Bankruptcy Protects You From Creditors

Sometimes debtors unfortunately still have to return their cars to the dealerships under Chapter 13 Bankruptcy. However, with Chapter 13 Bankruptcy, there is a real opportunity for you to be able to keep your car.

Chapter 13 Bankruptcy protects you from sitting helplessly at the mercy of creditors. In the case of “buy here, pay here” car purchases, Chapter 13 Bankruptcy protects you from the car dealership you bought your car from.

David S. Clark is a bankruptcy attorney in Opelika and Auburn, AL who has been helping clients keep their cars through Chapter 13 Bankruptcy for years.

Contact David S. Clark today for a free bankruptcy consultation!

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.

CARES Act Reduced Chapter 13 Bankruptcy Payments & Modified Plans

By COVID-19, Understanding Bankruptcy No Comments

Don’t miss this opportunity for additional relief with Chapter 13 Bankruptcy from the CARES Act.

COVID-19 has changed the world in numerous ways from putting entire countries on strict lockdown to taking the lives of millions to changing the way many companies do business. Many of these effects, like so many other world events, disproportionately negatively affect those who are struggling through difficult financial times.

Individuals who have declared bankruptcy have still had to make payments that were specified in their debt resettlement agreements. Thanks to the CARES Act, though, those who have outstanding Chapter 13 payments may be able to reduce their monthly payment amount.

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

Disposable Income Amendments

Any payments made under federal law relating to the national emergency declared by the President cannot be counted as “current monthly income” or “disposable income” when considering the debtors repayment plan.

This provision will benefit those who are currently paying off bankruptcy payments and future Chapter 13 bankruptcy pursuants.

Payment Plan Modifications

The CARES Act permits debtors to seek payment plan modification if they can prove that they have suffered a “direct or indirect” hardship due to the COVID-19 pandemic.

The law does not give extensive definitions for “direct or indirect” hardships caused by the pandemic, so pursuants will have to make a verifiable case that they suffered financial difficulties because of the coronavirus pandemic.

It is unclear the extent to which debtors will be able to alter their original payment plans. However, the law allows for debtors to seek modification in their favor, so debtors should take advantage of this opportunity.

How Long Will This Last?

These amendments were originally put into law on March 27, 2020 and were scheduled to sunset, or expire, on March 27, 2021. However, due to the continued economic uncertainty from the pandemic, these amendments were extended until March 27, 2022.

If these amendments are not extended past the latest expiration date, then debtors have about six months to take advantage of these helpful provisions for Chapter 13 Bankruptcy.

David S. Clark Can Help

Having helped people file for and carry out Chapter 13 Bankruptcy plans for over 20 years, David S. Clark has had to adjust to changes in the law, changes in the larger culture, and countless other changes relating to his clients’ bankruptcy cases.

These recent changes are intended to help debtors. David S. Clark can help walk you through taking advantage of this opportunity, rather than failing to make your payments because of additional financial hardships caused by the COVID-19 pandemic.

Call David S. Clark today for help with the CARES Act reduced Chapter 13 Bankruptcy payments and modified payment plans.

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.