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Auburn Bankruptcy Attorney

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.

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.

How to Rebuild Credit After Bankruptcy

By Financial Tips, Personal Finance, Understanding Bankruptcy No Comments

Unfortunately, life after bankruptcy isn’t easy. You have a fresh start, but you also have a lot of repair work to do with your credit, which has most likely taken a huge hit during the process. The good news is that any Auburn or Opelika resident has the ability to not only rebuild but fully recover from bankruptcy. 

Here are some financial tips from David S. Clark, an experienced Auburn & Opelika bankruptcy attorney, on how you can improve your credit score after filing for 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

Understanding Your Credit Score

The first step to rebuilding your credit is understanding what your credit score really is. In the most basic of terms, a credit score is a number that reflects your trustworthiness with lines of credit. This number is calculated using the total amount of debt owed, payment history, any and all credit history, amount of credit lines, the amount of diversity in credit, and more. 

It is important to know the state of your debt and finances so you can carefully consider any decisions you make regarding your credit. Knowing where mistakes have been made and how to avoid future mistakes can greatly help the rebuilding process after bankruptcy. 

Check Your Credit Report for Inaccuracies

Credit reporting companies, also known as credit bureaus, collect and store financial data about you that is submitted to them by creditors, such as lenders, credit card companies, and other financial companies.

Many of the major lenders provide access to this information for free in the form of credit reports. It is important to note that there are a few different major lenders, so reporting from each can vary.

After receiving your credit report, check that the items on the report are accurate. While most of the financial information will be correct, lenders can make inaccuracies that lead to unfairly low credit scores.

If you’re an Auburn or Opelika resident seeking help, David S. Clark is an experienced bankruptcy attorney that can not only walk you through your credit report but help assist you in disputing any inaccurate information. 

Apply for New Lines of Credit

An important step to take after filing for Chapter 7 or 13 bankruptcy is to apply for new lines of credit. It might be difficult to be approved for a new line of credit, and interest rates may be higher than before, but do not be discouraged!

New lines of credit can help lenders see that you are someone who is responsible for the money you borrow, despite your previous financial history. These new lines of credit can rebuild trust and confidence in your ability to repay debt. 

Be On-Time With Payments

Now that you have your new lines of credit, you will need to prove that you are responsible for them. One way to do this is to make your payments in a timely manner. This means avoiding late fees and generally paying your bills on or before their due date.

Keep Balances Low

Keeping your credit card balance low gives you a low credit utilization ratio. This ratio is an important factor to lenders when assessing your eligibility for lines of credit and especially when assessing your credit score. 

A low credit utilization ratio means that you are not using your line of credit up to its limit. This gives lenders confidence that you will not max out credit cards and be unable to pay them back. 

David S. Clark, A Local Bankruptcy Attorney

David S. Clark is an experienced bankruptcy attorney who understands the complications of life after bankruptcy. 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.

Facing Foreclosure? Bankruptcy Can Help

By Bankruptcy Law, Foreclosure No Comments

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

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

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

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

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

Need Bankruptcy Help? Call David S. Clark

Delaying Foreclosure With The Automatic Stay 

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

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

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

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

How Chapter 13 Bankruptcy Can Help

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

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

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

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

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

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

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

What is Debt Collection Harassment?

By Bankruptcy Law No Comments

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

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

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

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

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

Need Bankruptcy Help? Call David S. Clark

What is Debt Collection Harassment?

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

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

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

Examples of Debt Collection Harassment

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

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

What if a Creditor Contacts Me During Bankruptcy?

According to Section 524 of the U.S. Bankruptcy Code, no one can take action against you if your debt has been discharged through bankruptcy. Known as the “automatic stay”, this action is immediately ordered and enforced by the bankruptcy court. 

Ultimately, the automatic stay makes it illegal for creditors to contact you about any discharged debt once you file for bankruptcy. This means creditors can’t call, email, visit, or do anything that attempts to collect debt from you. 

It is important to note that although creditors can no longer contact you regarding discharged debts, not all debts are discharged through bankruptcy.

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

How to fight Debt Collection Harassment 

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

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

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

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.

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.