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Bankruptcy Law

Aug 25
0

How to File Bankruptcy in Alabama

By | Bankruptcy Law, Financial Tips | No Comments

Filing for bankruptcy in Alabama can be overwhelming–but it doesn’t have to be.

Facing financial challenges is a part of life. But if you’re one of the millions struggling financially due to a job loss, illness, or another event in Alabama, bankruptcy was created to help. Here, you’ll find an explanation of Chapters 7 and 13, how to file for bankruptcy, and that you don’t have to do it alone. 

Of course, it is important to remember that bankruptcy is a complicated law that can be confusing without a professional bankruptcy attorney’s proper guidance and necessary advice. If you are an Auburn or Opelika, Alabama resident, contact the bankruptcy attorneys at David S. Clark today!

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

Need Bankruptcy Help? Call David S. Clark

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

Chapter 7 Bankruptcy is also known as “Entitled Liquidation.” This means that a court supervised trustee takes over the assets of a debtor’s estate, turns them into cash (liquidates them), then distributes funds to creditors. In Chapter 7 the debtor has rights to make certain assets exempt.

Since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 those seeking Chapter 7 Bankruptcy must undergo a “means test” to determine whether or not they qualify. There are income thresholds throughout Alabama that, if a debtor exceeds, will disqualify the debtor from being able to declare Chapter 7 Bankruptcy.

Chapter 13 Bankruptcy is also known as a “Wage Earner’s Plan”. This is usually a more desirable avenue for debt relief than Chapter 7 because it enables a customer to keep certain valuable assets out of a creditor’s reach. The debtor then proposes a plan with a help of a bankruptcy attorney to repay creditors over a reasonable period of time.

Will Filing Bankruptcy in Alabama Erase My Debts?

Bankruptcy has the ability to wipe out many types of dischargeable debts. 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. These typically include:

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

But you can’t discharge all debts. Nondischargeable debts, like student loans, child support, fines, and taxes, will not be included in your bankruptcy discharge. Ultimately, dischargeable debts exist because the benefit to a creditor and society as a whole outweighs the benefit that the debtor would gain if their debts were completely discharged. 

Hiring a Bankruptcy Lawyer in Alabama

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

With over 25 years of combined experience, the attorneys at David S. Clark are here to help any Auburn or Opelika resident navigate through bankruptcy. For more information on how you can find financial peace through 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.

Aug 10
0

Will Bankruptcy Take My Home?

By | Bankruptcy Law, Financial Tips, Foreclosure | No Comments

Here’s how you can keep your home and get financial freedom with bankruptcy.

According to Statista, in June of 2021, Alabama had the highest bankruptcy filing rate in the United States with 306.37 residents per 100,000 filing for bankruptcy. 

Often, bankruptcy tends to have a negative connotation that causes it to be viewed as a sign of defeat or failure, but it can be an effective tool that helps Alabama residents regroup and successfully move forward. Ultimately, bankruptcy laws were created in order to help Alabama residents, not hurt them.

Thus, if you are scared to file for bankruptcy because you could lose your home, you don’t have to be. Here’s how you can keep your home and get financial freedom from the experienced bankruptcy attorneys at David S. Clark 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

Consider The Type of Bankruptcy

There are two main types of bankruptcy: Chapter 7 and Chapter 13. While there are a lot of differences between the two, the major point of contention comes from the differing exemptions to which you are entitled. 

Property that is exempt generally includes the sort of items that are necessary for living or working (more formally known as the “necessities of life”). While bankruptcy law is foremost concerned with giving debtors a new start, there are still non-exempt properties. Non-exempt property generally covers all items that fall outside of these important necessities of life. 

Court rulings and bankruptcy practice experience have established a general idea of what types of property are necessary to live. Below are a few examples of exempt properties that Chapter 7 and Chapter 13 bankruptcy grant.

Chapter 7

  • Cars (up to a certain value)
  • Reasonably necessary clothing
  • Household appliances
  • Jewelry (up to a certain value)
  • Pensions
  • A portion of the equity in your home
  • Tools of the debtor’s trade or profession (up to a certain value)
  • A portion of unpaid but earned wages

Chapter 13

  • Cars
  • Family homes or “Homestead”
  • Personal items (clothes)
  • Household appliances and furniture
  • Jewelry

Consider Your Home Equity

At first glance, it can be disheartening to know you may lose your home if you file for Chapter 7 bankruptcy. Yet, there are still ways for you to keep it. When a trustee is deciding whether your home will be exempt, the overall equity of your home is their only consideration. 

Equity is the market value of your house minus the balance on your mortgages or loans. It is important to consider and calculate your home equity because equity under the exemption limit means you can keep your home after you’ve filed for bankruptcy. 

Unfortunately,  if you have equity in your home over the exemption limit, you may be forced to sell your house to pay your debt or “buy it back” by paying a trustee your overall home value. 

Life After Bankruptcy

As long as you continue to pay the mortgage, you are free to keep your home after bankruptcy. Yet, if you are unable to pay, the bank may eventually foreclose your home. 

If you are an Auburn or Opelika, Alabama resident facing foreclosure, you are not alone. David S. Clark is a foreclosure defense attorney that is able to help you navigate the difficult waters of home foreclosures.

Auburn and Opelika Bankruptcy Attorney David S. Clark

David S. Clark is an experienced Auburn and Opelika Bankruptcy Attorney that understands the intricacies, complications, and stress that bankruptcy can present. If you need help navigating Chapter 7 or 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.

Jul 29
0

Top Bankruptcy Myths in Alabama

By | Bankruptcy Law, Financial Tips | No Comments

There are a lot of myths surrounding bankruptcy that can cause unnecessary hardship and stress. 

There are a lot of misconceptions that Auburn and Opelika residents have about the bankruptcy process, including how filing bankruptcy will affect them moving forward. Friends, family, and colleagues are all going to weigh in; however, it is always better to trust the opinions and advice of trained professionals like David S. Clark, an experienced 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

Myth 1: Filing For Bankruptcy Means I Will Lose Everything 

Today’s bankruptcy laws offer every debtor many “exemptions” so that any Alabama resident may protect as much of their property as possible. While Chapter 7 bankruptcy is referred to as “liquidation,” it is much less common for one’s assets to be at risk. 

Generous exemptions exist and can limit risk related to your residence, vehicle, some cash, retirement accounts, and most household goods. Ultimately, most property that is considered necessary for life will be exempt from Chapter 7 bankruptcy.  

Myth 2: Everyone Will Know I’m a Failure

Bankruptcy is often due to circumstances beyond an individual’s control, such as divorce, job loss, and major illness. Bankruptcy is rarely the result of irresponsible financial behavior. Rather, filing for bankruptcy relief shows an understanding of one’s financial issues and a willingness to address them.

It is true, however, that bankruptcy is a matter of public record. There may be some reporting regarding your bankruptcy filing but most people will not be privy to this information unless they are specifically looking for it. As long as you are careful who you share this information with, you should not have to worry about everyone knowing about your bankruptcy and financial status.

Myth 3: I Will Never Get Another Line Of Credit

While debtors who have filed for bankruptcy typically find higher interest rates from credit lenders, the focus should be more on keeping new credit cards paid off and rebuilding your credit score organically.

While you will see a decrease in your credit score following your decision to file for bankruptcy, it doesn’t mean you will never have credit again–it’s called a fresh start for a reason. David S. Clark not only understands the overwhelming stress bankruptcy can bring but offers professional financial advice on how to recover. 

Myth 4: Filing For Bankruptcy Is Too Difficult

While it is technically possible to file for bankruptcy on your own, it is extremely difficult. Filing for bankruptcy requires time, money, paperwork, and expertise that is necessary in order to ensure the financial peace Auburn or Opelika residents seek. 

In contrast, David S. Clark is an experienced bankruptcy attorney that can do all of the work for you while offering legal aid throughout the bankruptcy filing process. 

Filing for Chapter 7 or Chapter 13 bankruptcy can seem like a daunting task, but it doesn’t have to be. David S. Clark is a bankruptcy attorney in Auburn, Alabama that can help you get the financial relief you need. Contact David S. Clark today to start your journey towards 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.

Jun 23
0

Alabama Chapter 7 Bankruptcy Requirements

By | Bankruptcy Law, Chapter 7 Bankruptcy, Uncategorized | No Comments

 David S. Clark is an experienced Auburn and Opelika Bankruptcy Attorney that understands the intricacies of Chapter 7 Bankruptcy. 

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a type of bankruptcy that allows any Auburn or Opelika Resident to discharge debt involved with medical bills, signature loans, credit cards, or any other unsecured debts. 

If you are an Auburn or Opelika resident struggling with a lot of debt or difficult financial times, Chapter 7 bankruptcy could provide the fresh start you need.  

Ultimately, chapter 7 bankruptcy will help you liquidate a portion of your assets in order to pay off creditors. While the process sounds simple, bankruptcy can be a complicated and stressful action that requires the knowledge of a professional Bankruptcy attorney. 

David S. Clark is an experienced bankruptcy attorney that understands the stress that comes with financial hardship. For more information on Chapter 7 bankruptcy and how you can navigate the weight of debt, contact David S. Clark today! 

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

Need Bankruptcy Help? Call David S. Clark

What Happens When I File for Chapter 7 bankruptcy?

One of the great benefits that bankruptcy provides is a court-ordered action known as the Automatic Stay which stops all forms of debt collection from creditors, immediately. 

Yet, before you file for bankruptcy it is important to know that bankruptcy does not mean the end of your finances forever. Rebuilding your finances is hard, but having the support of an experienced bankruptcy attorney could provide the help you need to do it. 

When you decide to file for bankruptcy, you will need to sign a petition and file it with your local bankruptcy court. This petition includes a detailed list of your creditors, the nature and amount of their claims, your income, and assets, as well as a layout of all of your expenses. 

After you file for bankruptcy, an appointed trustee will go over your creditors and their claims, the source, frequency, and amount of your income, all of your property, and a detailed list of all of your expenses in order to remove any suspicion of fraud.

How Do I Qualify For Chapter 7 Bankruptcy?

Qualifications for Chapter 7 Bankruptcy begin with the submission of your average income, along with any assets or unexpired leases that you have. Your bankruptcy attorney will then go over any property that you have to help you liquidate your assets. 

In the midst of bankruptcy, there may be necessary assets that are unable to be liquidated. This means any liquidation of those assets will cease and creditors will need to be reaffirmed that you owe the amount of any necessary assets. If the amount you are trying to reaffirm is large enough, or if you are trying to reaffirm multiple unsecured debts, Chapter 7 bankruptcy may be disapproved. 

What can a Bankruptcy Attorney do for Me?

David S. Clark is an experienced Auburn and Opelika Bankruptcy Attorney that understands the intricacies, complications, and stress that bankruptcy presents. If you need help navigating Chapter 7 bankruptcy, contact David S. Clark today!

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

Jun 09
0

Facing Foreclosure? Bankruptcy Can Help

By | Bankruptcy Law, Foreclosure | No Comments

Are you an Auburn or Opelika resident facing foreclosure? Here’s how bankruptcy could save your home.

Foreclosure is the legal process that allows a lender, or creditor, to sell your property to satisfy the debt you owe. Of Alabama’s 2,288,330 homes, 391 went into foreclosure in April of 2022, revealing a foreclosure rate of one in every 5,853 homes.

Fortunately, if you’re an Alabama resident facing foreclosure, a lender won’t begin the foreclosure process until you’ve fallen far behind in mortgage payments. This gives you time to try some alternate measures before filing for bankruptcy, such as loan forbearance, a short sale, or a deed in lieu of foreclosure. 

When these measures fail, it makes sense to consider whether bankruptcy can help you avoid foreclosure, or at least buy you a little time. As a bankruptcy lawyer in Auburn, Alabama, David S. Clark and his team of professionals have years of experience helping Alabama residents navigate financial hardship and they can help you too.

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

Need Bankruptcy Help? Call David S. Clark

Delaying Foreclosure With The Automatic Stay 

One of the biggest benefits of filing for bankruptcy is the court-mandated order that causes any creditors to cease their collection activities immediately. Known as “The Automatic Stay”, creditors can’t call, email, visit or do anything that attempts to collect payments from you. 

Ultimately, If your home has been scheduled for a foreclosure sale, and you file for bankruptcy, the automatic stay will legally postpone the sale while your bankruptcy is pending (this process typically lasts three to four months)

While this is true, a lender can appeal to the bankruptcy court for permission to proceed with the foreclosure by filing a “motion to lift the automatic stay.” If successful, a creditor can continue with the foreclosure sale as well as any collection activities. 

Please note that although the automatic stay can temporarily stop a foreclosure sale, you may still lose your home if the foreclosure sale is completed under state law before filing for bankruptcy. 

How Chapter 13 Bankruptcy Can Help

If you are an Auburn or Opelika resident that is facing foreclosure due to unpaid mortgage payments but want to remain in your home, then filing for Chapter 13 Bankruptcy could help. 

Also known as a wage earner’s plan, Chapter 13 bankruptcy enables Alabama residents with a regular income to develop a plan to repay all or part of their missed mortgage payments. The plan is typically between three to five years and requires timely payments or payroll deductions. 

While Chapter 13 Bankruptcy can stop foreclosure proceedings, you’ll need enough income to not only meet your current mortgage payment, but also any arrearage (late unpaid mortgage payments). 

David S. Clark: An Experienced Auburn & Opelika Bankruptcy Attorney

When it comes to understanding the relationship between bankruptcy and foreclosure, it’s a good idea to consult an experienced bankruptcy attorney. With over 25 years of combined experience, the attorneys at David S. Clark are here to help any Auburn or Opelika resident navigate through bankruptcy. 

If you are facing foreclosure and don’t know where to turn, Contact David S. Clark today!

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

May 26
0

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.

Apr 12
0

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.

Jul 27
0

The Benefits of Chapter 7 Bankruptcy for Opelika & Auburn Residents

By | Bankruptcy Law, Chapter 7 Bankruptcy | No Comments

Chapter 7 Bankruptcy is a particularly helpful option in bankruptcy code for Auburn and Opelika residents who have a current monthly income that falls below the state median monthly income.

Many Opelika & Auburn residents are very hesitant to look into declaring bankruptcy to find relief from their numerous debts that they are unable to repay because declaring bankruptcy is often looked down on by the public.

Bankruptcy, however, is a perfectly legitimate form of debt restructuring that has helped countless Americans escape financial ruin since its adoption into United States law.

Chapter 7 Bankruptcy is a particularly helpful option in bankruptcy code for Auburn and Opelika residents who have a current monthly income that falls below the state median monthly income.

Here are some of the benefits of Chapter 7 Bankruptcy in Opelika and Auburn, 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 Helps Those With Little Financial Resources

Chapter 7 Bankruptcy is specifically designed to assist those on the lower end of the financial system gain relief from their debts.

This is accomplished by those who wish to file Chapter 7 Bankruptcy being subject to the means test mentioned earlier.

Chapter 7 Bankruptcy Doesn’t Make You Face Creditors Alone

In every Chapter 7 Bankruptcy case, the court assigns an impartial case trustee to help mediate between you and your debtors. These trustees are assigned as impartial case managers for the state.

They aren’t working to make money for the creditors and they also aren’t working to magically make your debts appear. They are seeking the best route forward for both parties.

Though this case trustee is a helpful and necessary player in Chapter 7 Bankruptcy cases, he or she is not a bankruptcy attorney.

Chapter 7 Bankruptcy attorneys have a fiduciary duty, a duty to put your interests above any others. So, even with the benefit of having impartial case trustees in Chapter 7 bankruptcies, an Opelika/Auburn bankruptcy attorney is an important asset to your team because he or she will advocate explicitly for you.

The Chapter 7 Discharge

A discharge in Chapter 7 bankruptcy cases is one of the greatest protections that is offered to debtors against creditors in the bankruptcy process.

When a person files for bankruptcy, he or she gives immense power to the courts, the court appointed trustee, and their creditors. This is a frightening step for many debtors, and rightfully so. With a Chapter 7 discharge, however, many fears that a debtor might have of losing all of his or her civil rights because of debts owed are laid to rest because it frees debtors from the personal liability for many of their debts and it prevents creditors from taking collection action against them.

Given the nature of Chapter 7 bankruptcy as a means by which debts can be paid, there are many exceptions present in a Chapter 7 discharge clause. This is one of the many areas that hiring a qualified Chapter 7 Bankruptcy attorney can be an asset to you.

A good Auburn/Opelika Chapter 7 Bankruptcy attorney knows the ins and outs of these discharges and can guide you through this process.

David S. Clark, Chapter 7 Bankruptcy Attorney

Because of the complexity of Chapter 7 Bankruptcy, its benefits are often out of reach for most Opelika or Auburn residents because they don’t hold a law degree.

This is why hiring a reputable Auburn/Opelika Chapter 7 Bankruptcy attorney like David S. Clark can be an important factor in successfully filing for Chapter 7 Bankruptcy.

If you are looking to file Chapter 7 Bankruptcy in Auburn or Opelika, AL contact us today for a free case consultation and get your life back on the path toward financial freedom!

For more information about Chapter 7 Bankruptcy visit the United States Courts’ “Chapter 7 – Bankruptcy Basics.”

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.

Apr 20
0

How COVID-19 Is Affecting Bankruptcy Law in Alabama

By | Bankruptcy Law, COVID-19, Understanding Bankruptcy | No Comments

Seeking bankruptcy in Auburn or Opelika will look a bit different after the COVID-19 pandemic. Make sure your bankruptcy attorney knows about these changes and is prepared to help you understand them.

There seems to be no area of society that the COVID-19 virus has not affected. 

One of the most significant effects and hotly contested issues is the role that this pandemic has played in the economic downturn that our entire country has experienced.

One thing that is certain, though, is that COVID-19 has made many people in Alabama suffer financially.

As an avenue for financial relief during personal economic crises, Chapter 7 and Chapter 13 Bankruptcy have, unsurprisingly, had some rules changed

Residents of Auburn and Opelika who are seeking to file bankruptcy should be aware of these changes so that they can take advantage of their benefits to debtors seeking relief.

Under the CARES Act and the Consolidated Appropriations Act of 2021 here are some of those changes:

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 13 Payment Extension

If debtors can prove to their local bankruptcy court that they have endured a financial hardship due to the COVID-19 pandemic, then they may qualify for an extension to the payment plan for seven years.

Waived Original Signature Requirement

Because the entire country has been in lockdown at some point during the pandemic, some bankruptcy courts have decided to waive the requirement that a bankruptcy attorney must get a “wet signature” from his or her client on the bankruptcy petition.

This is simply the original signature from the debtor on the petition to file bankruptcy.

Debtors and their bankruptcy attorneys can review the necessary documents virtually rather than meeting in person.

This allows for the bankruptcy process to move forward without the physical contact that was previously required.

Section 341 Meeting of Creditors

Regardless of whether or not a debtor files for Chapter 7 or Chapter 13 Bankruptcy, he or she will have to attend a “meeting of creditors.”

This is where the debtor faces all of his or her creditors alongside the court-assigned trustee and discusses every relevant detail of what is owed so that everyone can have a unified, realistic expectation of what needs to be paid back.

Stimulus Money Cannot Be Counted as Income

When filing for bankruptcy, debtors have to list their income to submit to the courts.

With the stimulus checks that were given to many Americans, some people’s income drastically increased. If a debtor had to claim this as income, this could misrepresent the true financial situation of him or her.

In order to prevent this misrepresentation, the debtor is able to leave any money received from a stimulus check related to the coronavirus pandemic out of consideration when adding up income.

This list is a good start in the search for information on how the coronavirus pandemic has affected bankruptcy, but it is by no means exhaustive.

If you are an Auburn or Opelika resident who is considering filing for bankruptcy, you should consult an Auburn/Opelika bankruptcy lawyer who can explain in depth how bankruptcy law has been affected by recent COVID-19 legislation.

David S. Clark is a bankruptcy attorney who has represented numerous residents of Auburn, Opelika, and Lee County. Contact David S. Clark today for a free evaluation on your bankruptcy case!

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 28
0

Why Choose a Local Bankruptcy Attorney

By | Attorneys & Lawyers, Bankruptcy Law | No Comments

One way to lower the risk of hiring an attorney who will work for him or herself rather than to help you overcome your financial hardship is to hire a local bankruptcy attorney like David S. Clark.

During financial crisis threats of repossession and collection calls from creditors often seem to come daily. Foreclosure of your home because of the inability to pay back your loan and falling prey to the payday loan cycle can feel like rock bottom for many.

The scary decision to file for bankruptcy or restructure your debt through debt consolidation may be the best way forward for those who find themselves in such economic turmoil.

Hiring an attorney to help you navigate these muddy waters can be a lifesaver, but hiring the wrong attorney can be more harmful than helpful.

One way to lower the risk of hiring an attorney who will work for him or herself rather than to help you overcome your financial hardship is to hire a local bankruptcy attorney like David S. Clark. Here are a few reasons why:

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

It’s Easier to Know Local Bankruptcy Attorneys

Lawyers that have central offices across the nation or throughout the state are often located in distant urban centers.

This can make it difficult for them to empathize fully with their clients.

A local attorney, however, is focused on a much more focused area. They live in the same area that you do. Their children go to school with yours. You go to church with them. You see them at the park or at a restaurant downtown.

They are accessible and approachable.

This adds a level of transparency to an attorney because the people that he or she would represent are able to know him or her on a far deeper level than just how many millions of dollars have been won in settlements or how many successful bankruptcy declarations he or she has had.

Local Bankruptcy Attorneys Are Invested in Their Communities

This investment is both financial and social.

When you pay your local lawyer for the services they provide, that money is going to be used to pay bills including groceries for their family, a house payment on a loan from the local bank, tuition for their kids at the local community college or university, and charitable giving to local non-profit organizations.

This is an investment in the improvement of your community.

If you were to hire a lawyer who is part of a law firm that is centrally located in a distant city, then the money that you pay for legal representation may go to several different places. The community that you live in, however, will not likely be where this money ends up.

Local Bankruptcy Attorneys Know the Local Courts and Financial Services

The journey to financial freedom through bankruptcy is one that involves several meetings with financial counselors, standing before judges, and negotiating with creditors. 

Much of this involvement with bankruptcy happens at the local level.

A local bankruptcy attorney will be able to help you navigate these institutions better than almost anyone because they interact regularly with the same individuals in these organizations.

This interaction builds a natural bond of trust between your local lawyer and these institutions. As one who is represented by a local lawyer, that trust may then extend to you and give you more favorable conditions from which to work for financial freedom.

If you are a resident of Auburn, Opelika, or East Alabama and are looking to file Chapter 7 or Chapter 13 Bankruptcy, contact David S. Clark, a local bankruptcy attorney, 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.