Times are tough and just when it seems like they might get better, things just get worse financially. Interest rates go up, food and fuel prices increase, and rents are on the rise again. You just can’t seem to get a break. Maybe you’ve maxed out your credit cards trying to keep up. Or you’ve borrowed money from every family member or friend that you can think of to keep a roof over your kids’ heads. Your mortgage is past due, and they want to take your car. How can you possibly recover from this? Or maybe it’s not as bad as all of that, but they’ve started taking money out of your paycheck and you want to make a change before things get worse. In either case, bankruptcy might be the best option to erase some or all your debts and put the past behind you. Our Kearney bankruptcy lawyer answers some of your questions about bankruptcy below.
What is a Kearney Bankruptcy Attorney, and Do You Need One?
A bankruptcy attorney will be your legal guide throughout what can be a complicated and tedious process. The bankruptcy court requires certain paperwork and processes for the completion of any bankruptcy, regardless of the situation. It is then overseen by the bankruptcy trustee appointed by the court.
Kearney bankruptcy attorneys know all the relevant case law. An experienced Kearney bankruptcy lawyer has seen many different circumstances and filed hundreds of bankruptcies for people in situations just like yours.
Can you file on your own? Technically, yes. You can do research and find the forms online. You can file the forms with the court and pay fees for your own bankruptcy courses. You can talk to the bankruptcy trustee at the hearing on your own, too. But if you do not fill out the paperwork correctly, pay the corresponding court costs, complete the required courses, or navigate the process properly, you may find that the trustee dismisses your case and you have to start all over again. You don’t want to waste hours and hours of your time and money that you don’t have to spare just to hire an attorney in the end.
An experienced bankruptcy attorney will ask you questions to see what type of bankruptcy you qualify for first. Once that is established, the legal team will ask you questions about your income and assets, your employment and marital status, and many other questions that will need to be answered to ensure that your bankruptcy is filed properly.
Next, the legal team will prepare all the court-required documents with the information that you have provided and the supporting documentation, such as your driver’s license and recent paystubs. They will send you the information on the required courses that you must complete and remind you of relevant deadlines.
Your attorney will help you to prepare for your 341 hearing with the bankruptcy trustee. Will be present and on the phone with you during your hearing and will see your case through to discharge.
Should any issues arise, your attorney and legal team will resolve them. Sometimes those issues include being sued by creditors or your bank accounts or paychecks being garnished. If you try to settle your debt with a “debt settlement” company, they will not help you with these legal issues and you will have to hire a lawyer in addition to paying the debt settlement fees.
Bankruptcy is complicated and has long-lasting financial and legal ramifications. It’s likely best to hire an experienced Kearney bankruptcy attorney instead of trying to go it alone.
What Bankruptcy Can (and Can Not) Do
There are some misconceptions when it comes to filing for bankruptcy in Kearney, NE. Below, we discuss how bankruptcy can and can not help you:
What Bankruptcy CAN Do
- Bankruptcy can discharge or eliminate many debts. These debts include credit card debt and debt from unpaid medical bills.
- Bankruptcy can give you an opportunity to catch up on a vehicle or house payment.
- Bankruptcy can help you get out of a vehicle loan.
- Bankruptcy can give you hope for a future without debt.
- Bankruptcy can stop the harassing collections calls and garnishments.
What Bankruptcy CAN NOT DO:
- Bankruptcy cannot eliminate debt from a criminal court case.
- Bankruptcy cannot eliminate child support debt.
- Bankruptcy cannot eliminate all tax debt.
- Bankruptcy cannot let you keep property without paying for it.
How Much Does a Kearney Bankruptcy Lawyer Cost?
A Kearney bankruptcy lawyer should provide a FREE consultation. You shouldn’t need to pay any money until they tell you whether you do indeed qualify for bankruptcy. They should ask you questions about your income, your assets (vehicles, house, boat, etc.), your family, your job, etc. Then, they should be able to tell you which type of bankruptcy you qualify for (in most cases, Chapter 7 or Chapter 13).
When the law firm does provide a quote for their services, they should tell you exactly what those services include. The fee should include:
- Court costs/filing fees
- Bankruptcy courses
- Representation against lawsuits
- Representation during 341 hearing
- Answers to your questions and concerns about bankruptcy.
Who Can Declare a Chapter 13 Bankruptcy?
Almost anyone can file a Chapter 13 bankruptcy. All you need is consistent income that gives you the ability to pay at least a portion of your debts and enough debt to make you feel like you are unable even to paddle water the assistance of bankruptcy. In a Chapter 13 bankruptcy, you commit to a payment plan for 3 to 5 years to pay back a portion of your debts. If you are facing a home foreclosure or need to catch up on your car payments, Chapter 13 bankruptcy is a great tool to give you time to catch up on your payments.
Contact Our Experienced Bankruptcy Lawyer in Kearney, NE, for a Free Consult
Living with overwhelming debt is stressful. The constant threat of eviction, car repossession, and creditors’ harassing calls. It feels like you are alone with no way out. But there is help out there. Let us help take the financial burden off your shoulders. Our experienced bankruptcy attorney in Kearney, NE, and compassionate, caring staff will listen and answer your questions. They will guide you step by step through the process of filing for bankruptcy and will make sure that you are able to maximize your results.
Call our Kearney bankruptcy lawyer today at (308) 872-8327. Don’t wait any longer to start afresh!