Bankruptcy

• Chapter 7 

•  Chapter 13  

Are you facing a FORECLOSURE, REPOSSESSION, or GARNISHMENT?  Are you experiencing unexpected financial problems as a result of an illness, death, divorce, job loss or business failure?  Are you receiving utility shut-off notices?  Let us help you put a STOP to creditor harassment with a Chapter 7 Bankruptcy ("fresh start"), or Chapter 13 Bankruptcy (a 3 year or a 5 year payment plan).

New Bankruptcy Laws:   On October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became effective, drastically changing our Bankruptcy laws. One of the new requirements under BAPCPA is that before you can file for Chapter 7 relief, you must meet certain eligibility requirements based on a "means test."  Under the "means test," if your monthly income is less than the median income in your state, you can file for bankruptcy under Chapter 7; otherwise you will have to file under Chapter 13. 

Another new requirement is that you must receive credit counseling from an approved credit counseling agency prior to filing for bankruptcy relief, and again before discharge. We can assist you with these new counseling requirements, and the many other changes of BAPCPA.

Despite all the changes, we can still help you KEEP your home, car, personal property, retirement, and pension benefits. More importantly, filing for Bankruptcy relief immediately STOPS foreclosures, sheriff sales, repossessions, wage garnishments, utility shut-offs, lawsuits, and other creditor harassment.

Come see us if you are considering bankruptcy. You can schedule a FREE OFFICE CONSULTATION in one of our office locations listed below. Or, if you prefer to speak to us over the telephone, ask to schedule a FREE TELEPHONE CONSULTATION. Of course, you may also E-MAIL us by filling out the form on the "CONTACT US" page of this website, and a representative from our office will be in touch with you shortly. We are looking forward to hearing from you to answer all of your questions!

Please continue reading to learn more about the various steps of the Bankruptcy process:

Q. What happens after my free initial interview?

We will open a file for you and you may refer any collection calls to our office, after you pay our retainer. However, retaining us as your attorney does NOT stop Foreclosures, Car Repossession(s), Wage garnishments, or other lawsuit(s) - only the filing of your bankruptcy petition with the U. S. Bankruptcy Court will immediately stop the lawsuits.

We suggest that you make regular payments towards the fees (including attorney, credit counseling, and Court filing fees), and once paid in full, we will proceed with the filing of your petition with the U.S. Bankruptcy Court. In the meantime, while you are making payments, you will need to gather all the required information.

Q. What happens next?

Once all the information is gathered, credit counseling requirements have been met, and all the fees are paid, we will prepare your Chapter 7 or Chapter 13 petition. It will take us approximately 10 to 14 days, sometimes longer, to prepare your petition. During this time we will be contacting you to verify or obtain additional or updated information. Once your petition is prepared, you must review it and sign it. A bankruptcy petition cannot be filed without your signature.

Q. What happens after my bankruptcy case is filed with the Court?

After your case is filed, please do not speak to any of your creditors, except perhaps to provide them with your Case Number, and to refer them to our office.

Also, upon filing, an Automatic Stay Order (a Federal Court Restraining Order) will be issued by the Bankruptcy Court. Although it is not mailed out by the Court for 7 to 14 days after filing, the Automatic Stay is effective from the moment of filing. If you notified us of any pending lawsuit, we will notify the appropriate Court and creditor with a "Notice of Stay" within a couple of days after the filing of your petition to stop the lawsuit. The "Notice of Stay" informs the Trial Court that you have filed bankruptcy, and the Court will immediately stop the lawsuit from going any further.

Any wage or property garnishments should stop, but sometimes there is a delay in the notice. Please advise our office of any garnishment that occurs after your case is filed so that we can notify the Court again on your behalf.

Q. When is my First Plan payment due under my Chapter 13 Plan?

IF YOU FILED A CHAPTER 13 PETITION (not a Chapter 7 Petition), your First Plan payment to the Chapter 13 Trustee is due ten (10) days after you file your Chapter 13 Petition, and PRIOR to the Meeting of Creditors. Your MONEY ORDER or CERTIFIED BANK CHECK must be made payable to "Chapter 13 Trustee." Please do NOT send a personal check or cash. A wage withhold may also be available. In the event of a change in your income, your Plan payments will have to be modified, so please advise us of any expected increase or decrease in your income as soon as possible.

Q. Must I attend the Meeting of the Creditors?

Yes. You, and all your creditors, will receive a Notice from the Court containing the date, time, and place for the "Meeting of Creditors" which you MUST attend. You will need to bring with you your Driver's License (or other photo identification), as well as your social security card (or other document containing your social security number). We will attend the Meeting of Creditors with you. You will be sworn in and asked questions similar to those asked of you during your initial interview in our office. Please arrive 10 minutes before the hearing.

The Meeting of the Creditors will take place approximately two (2) months after the filing date of your Chapter 7 or Chapter 13 petition. Depending on where you live, the Meeting of Creditors hearing will take place at the United States Bankruptcy Court (not the Common Pleas Court) nearest to you.  

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Columbus Office Youngstown Office Warren Office 625 City Park Ave. 26 Market St., Suite 508 183 W. Market St., Suite 201 Columbus, OH  43206 Youngstown, OH  44501 Warren, OH  44481 (614) 223-0044 (330) 394-5650 (330) 394-1587 Toll Free Phone (855) 257-6020  ·  Toll Free Fax: (888) 394-6919  ·  Fax:  (330) 394-3070     This is a debt relief agency under the U.S. Bankruptcy Code