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Bankruptcy Law

Apr 28
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Important Questions To Ask Your Bankruptcy Attorney?

By Bankruptcy Law, Financial Tips No Comments

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

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

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

Need Bankruptcy Help? Call David S. Clark

What Type of Bankruptcy Should I File?

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

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

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

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

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

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

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

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

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

David S. Clark – Your Personal Bankruptcy Attorney in Opelika

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

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

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

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

Jan 27
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Personal Bankruptcy Explained

By Bankruptcy Law No Comments

Below is a quick breakdown of personal bankruptcy and how a dedicated bankruptcy attorney in Opelika can help.

There is a lot of confusing legal jargon surrounding bankruptcy law, which can quickly lead to a “muddled” view of bankruptcy. Yet, with the guidance of an experienced Auburn and Opelika, Alabama bankruptcy attorney, you can gain a clear understanding of your options and find a path to financial recovery. 

Ultimately, a lot of myths surround the bankruptcy process, especially when it comes to Chapter 7 and Chapter 13. So, here is a quick breakdown of the personal bankruptcy process from David S. Clark, a personal bankruptcy attorney in Auburn and 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

Understanding Chapter 7 Bankruptcy

Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” provides individuals an option to eliminate most of their unsecured debts. While there are many types of “unsecured debts” these typically include medical bills or credit card debt. 

In Auburn and Opelika, Alabama, a bankruptcy attorney can help you determine whether you qualify for Chapter 7 and guide you through the often confusing process. If you do qualify, Chapter 7 can not only provide a fresh start for your finances but relieve you from the stress of large medical bills or credit card debt. 

Understanding Chapter 13 Bankruptcy

Chapter 13 bankruptcy, also known as “reorganization bankruptcy,” is designed for individuals with a regular income who wish to create a repayment plan to manage their debts over a three to five-year period. 

With the support of a bankruptcy attorney in Auburn and Opelika, you can work to keep your assets while restructuring your debts into manageable monthly payments. Chapter 13 can be a powerful tool for homeowners facing foreclosure, as it can allow you to catch up on missed mortgage payments while keeping your home. 

The Role of a Bankruptcy Attorney

Bankruptcy law is intricate and riddled with legal complexities, legal conversations, and mounds of paperwork. Thankfully, having an experienced bankruptcy attorney in Auburn and Opelika by your side can make all the difference. 

While experience is important, it is also crucial to remember that every personal bankruptcy case is different, which is why finding a bankruptcy attorney who understands your situation, wants, and needs can transform your case. 

Next Steps 

If you’re considering Chapter 7 or Chapter 13 bankruptcy as a solution to your financial challenges, the first step is to schedule a consultation with a bankruptcy attorney in Auburn and Opelika. During this consultation, you’ll have the opportunity to discuss your financial situation, goals, and concerns. The attorney will provide you with insights tailored to your circumstances and guide you toward the best course of action.

Bankruptcy law need not be shrouded in mystery. David S. Clark is a bankruptcy attorney in Opelika and Auburn, Alabama who can provide clarity, encouragement, and help when you feel like there’s nowhere else to go. Whether you’re exploring Chapter 7 or Chapter 13, remember that you’re not alone—professional support is available to help you regain control of your finances and move forward with confidence. 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.

Dec 20
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Picking a Local Bankruptcy Attorney vs. Large National Firms

By Bankruptcy Law, Financial Tips No Comments

David S. Clark breaks down the benefits of picking a local bankruptcy attorney over a large national firm.

If you’re the kind of person that cares about relationships and results in any legal case, then you’re almost always going to be more satisfied with the representation of a local attorney vs. a large national firm. It can typically be difficult to maintain a quality relationship with a large firm in a larger city due to the sheer volume of cases those firms will usually handle, as well as numerous different attorneys that you’re likely to interact with. While the national firms may seem initially appealing due to their resources, there are many different reasons why the local attorney may be a better choice for your bankruptcy representation.

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. Relationships

By far the most important aspect of working with a local attorney that is “near me,” is the ability to maintain a level of a professional relationship that’s practically impossible with a large firm. Sitting down and talking with a real human being is often missed, and the ability for another person to look you in the eye and understand your situation is imperative. If you’re able to work with an attorney face to face, you will likely receive more flexibility and a more customized approach, having the lawyer customize their work specifically for your case.

  1. Local Court Knowledge

An attorney from the area you’re familiar with will likely have a more thorough and comprehensive understanding of local ordinances and laws that could affect your case. While many parts of bankruptcy law are federally mandated, the way a judge could rule over your proceedings is not. Having an experienced attorney that is familiar with your city could make a huge difference in the effectiveness of your representation.

  1. Cost Effectiveness

Without the massive overhead of a large corporate office, a local bankruptcy attorney will likely be able to be more cost effective for you in the long run. While no one wants to have to make a financial decision about the best representation available, the ability for a local attorney near me to work with you on the cost of a particular case could be the difference in success or failure.

  1. Long-Term Clients

Local attorneys are often focused on building long-term relationships with their clients. Their goal is not just to resolve a single case but to develop a trusted, ongoing relationship that could lead to future referrals or legal needs. This commitment to client satisfaction can translate into a more thorough, hands-on approach to your case.

National firms, however, are typically focused on volume and may view cases as part of a larger business model rather than focusing on building lasting relationships with clients. Once your case is closed, there’s often little follow-up or ongoing engagement unless you have another legal matter.

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.

Oct 28
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Back to Basics: The Benefit of an Automatic Stay

By Bankruptcy Law, Financial Tips No Comments

The next chapter in our Back to Basics series: The Benefit of an Automatic Stay

If you’re a resident of Auburn or Opelika, Alabama, and considering personal bankruptcy, then you probably understand the stress of mounting debt, constant creditor calls, or even potential lawsuits. Yet, whether you’re considering Chapter 7 or Chapter 13 bankruptcy one of the most powerful tools you can leverage is the “automatic stay”. 

So, in today’s chapter of Back to Basics, here is a breakdown of the basics of an automatic stay, how it works in personal bankruptcy, and its key benefits for debtors 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 an Automatic Stay?

Whether you file for Chapter 13 or Chapter 7 personal bankruptcy, the automatic stay is a federal provision that takes effect as soon as you file. Once in place, creditors must stop all attempts to collect debts, garnish wages, foreclose on your home, or repossess property. In a way, the automatic stay acts as a “shield” to give you relief from the financial pressures that brought you to bankruptcy. 

How Does an Automatic Stay Work?

When you file your bankruptcy petition, the court immediately issues the automatic stay. This notice is sent to your creditors, and they are required by law to cease any collection efforts. This protection remains in effect throughout your bankruptcy process unless a creditor successfully files a motion to lift the stay.

While the stay is not permanent, it offers you a window of time to organize your finances, negotiate with creditors, or prepare for the discharge of certain debts. In Chapter 7 bankruptcy, the automatic stay is in place until your assets are liquidated and debts are discharged. For Chapter 13 bankruptcy, the stay can last much longer, often throughout the entire repayment plan, which could span three to five years.

The Key Benefits of an Automatic Stay

An automatic stay provides several crucial advantages, especially for individuals who are drowning in debt. Here are the key benefits:

  1. Stops Collection Calls and Harassment Once the automatic stay is in effect, creditors are prohibited from contacting you to demand payment. This means no more harassing phone calls, letters, or lawsuits, giving you peace of mind and the space to focus on your financial recovery.
  2. Halts Wage Garnishments If your wages are being garnished to satisfy unpaid debts, the automatic stay puts an immediate stop to this process. You’ll have access to more of your paycheck, which can help you cover your day-to-day expenses while you’re working through bankruptcy.
  3. Prevents Foreclosure and Repossession One of the most significant benefits of the automatic stay is that it can stop foreclosure proceedings or repossessions in their tracks. This is particularly valuable for those filing under Chapter 13, as it allows you to create a repayment plan and potentially save your home or car from being taken.

Your Personal Bankruptcy Attorney in Opelika – David S. Clark

The automatic stay is one of the most powerful protections you can receive when filing for Chapter 7 or Chapter 13 bankruptcy. It provides much-needed relief from debt collection efforts and allows you to have a second chance. If you’re considering bankruptcy and want to learn more about how the automatic stay could benefit you, consult with a qualified bankruptcy attorney, like David S. Clark in Opelika, Alabama who can guide you through the process and ensure that your rights are protected. For more information, contact the bankruptcy attorneys at 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.

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 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.

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.

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.

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