Articles – Bankruptcy

The articles (and videos) below discuss various issues related to bankruptcies.  While bankruptcy is seldom a good option, it is an option you need to know about.  In the right circumstance, bankruptcy can be extremely effective.

The articles in this section will help you understand the advantages and disadvantages of bankruptcy and what should happen to you and your credit reports after a bankruptcy.  Often the best move is to NOT file bankruptcy but use the consumer protection laws to stop an abusive company.  These include the FDCPA (protection against abusive debt collectors), FCRA (protection against false credit reporting), TCPA (protection against robo dialed calls to your cell phone), RESPA (protection against abusive mortgage company practices), etc.

Think of bankruptcy as your last option.  If all else fails, then it is out there.

Here’s an example.  You are sued on a large debt.  Do you try to wipe it out with a chapter 7 filing?  Or do you fight it — if you win, you owe nothing.  If you lose, then you can always go file a bankruptcy.  Obviously there are a lot of factors to consider but I hope this gives you something to think about.

So feel free to look around and also feel free to share these article and videos with your social media network.

We hope you find these articles helpful and wish you the best!

John Watts

What is an Alabama foreclosure?

Alabama consumers often have questions about foreclosures — in this article we do our best to answer a number of these questions.  We will have links to other articles if you want to go deeper on a particular subject. At any time you can call us at 205-879-2447 to get help with your mortgage issues, especially stopping or reversing a foreclosure. So let’s get started with these questions. . .   What does a “foreclosure” actually mean? This is when… (Read more)

Alabama Debt Collection Lawsuit Questions — Part Four — Option of Bankruptcy

You can find part one (what is the collection lawsuit), part two (being served), and part three (overview of your five options). You are also welcome to watch the entire video (over two hours long) on youtube. Now let’s turn our attention to your first of five options — filing bankruptcy. IF I FILE BANKRUPTCY… “Why is bankruptcy such an extreme option?” Now let’s really dive into the first option of bankruptcy. So why do I say bankruptcy is such… (Read more)

How to stop a foreclosure in Alabama

It is possible to stop a foreclosure in Alabama — here are the ways: Sue your mortgage company as you have the right to do under your mortgage Reinstate the loan File bankruptcy (usually chapter 13) Obtain loss mitigation (usually a loan modification) Let’s look at each one of these in depth. Sue your mortgage company as you have the right to do under your mortgage Alabama foreclosures are “non-judicial” which means no judge is involved.  But you have the… (Read more)

Foreclosure: Case study of family choosing between bankruptcy and suing mortgage company to stop the foreclosure

Put yourself in the position of a lawyer who is meeting with a family facing the loss of their home due to foreclosure.  What will you advise them?  What are their options? Let’s walk through a hypothetical example that is repeated every day in Alabama. We will use an example of a typical family facing foreclosure who is considering filing bankruptcy.  Let’s call them Bob and Betty Smith and they live with their two kids (10 and 15). We will… (Read more)

Welcome to where you can learn how to stop your Alabama foreclosure

You are here because you are looking for ways to stop the upcoming foreclosure on your home in Alabama — the good news being at is exactly the right place for you. This will not be a long article — instead, we encourage you to watch the video to discover more of your rights and options.  There is a ton of practical information in this video along with the worksheet.  After you finish it, if you want a consultation… (Read more)

The Secret Your Mortgage Company Does Not Want You To Know About Regarding Stopping Foreclosures

My name is John Watts and my law firm helps Alabama consumers who are facing foreclosure to stop the foreclosure without filing bankruptcy. Join me on this short journey and I trust you will find this time well spent as you look for how to save your home from a foreclosure. The only supposed ways to stop a foreclosure in Alabama The mortgage company (whether Nationstar/Mr. Cooper or Wells Fargo or Bank of America or whoever) wants you to believe that the… (Read more)

For Lawyers: Why is bankruptcy usually a terrible idea to stop an Alabama foreclosure?

  This is the first in a series of articles for lawyers.  We often get calls from lawyers around the country (and the state of Alabama) and we thought it would be helpful to include some of our answers in articles. This article is specifically focused on Alabama lawyers who are advising their clients on how to stop a foreclosure.  Should you use bankruptcy as a last resort or a first choice in stopping a foreclosure? Bankruptcy can stop a… (Read more)

Is bankruptcy the only option to stop an Alabama foreclosure?

No — there are many other options to stop a foreclosure in Alabama without having to file for bankruptcy. I understand that when you are facing the loss of your home, it feels the world is closing in on you.  And your friends and family (meaning well) will tell you that your only hope is bankruptcy.  Or just let the foreclosure happen and move out. There are other options. Better options than bankruptcy. Here is a short list and then… (Read more)

What does the bankruptcy of CACH (Square Two) mean for collection suits and FDCPA suits?

A practical explanation of what it means that CACH has filed bankruptcy On March 19, 2017, CACH (through Square Two Financial Services Corporation) filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York, Case No. 17-10663, and jointly administered under In re Square Two Financial Services Corporation, et al., Case No. 17-10659. OK in simpler terms, CACH went bankrupt. What… (Read more)

Make sure your lawyer answers all of your questions before hiring the lawyer

You have questions — make sure before hiring a lawyer that you get all of your questions answered The primary reason you consider hiring a lawyer is because you have questions about the law or how the legal process works.  Especially when you are considering being in court — it is natural that you would have questions. So here are some suggestions as you go through the process of finding and hiring a consumer protection lawyer. Make a written list… (Read more)

Why Are Collectors/Creditors Still Harassing Me After The Debts Were Discharged in Bankruptcy?

Why Are Collectors/Creditors Still Harassing Me After The Debts Were Discharged in Bankruptcy? You made the decision to file bankruptcy and then he received your discharge order which means you are no longer liable for the debts that were discharged in bankruptcy. This is your moment to get a fresh start. But…. Creditors and collection agencies are still harassing you about the discharge debts. Two questions come to mind. First, why am I still being harassed over these debts when… (Read more)

The dirty secret of hiring a great lawyer

The dirty secret of hiring a great lawyer The dirty secret is it is very difficult knowing for certain that you have found a good lawyer to represent you in whatever legal matter you have. (At the end of this lengthy article I talk about how my family made the decision on hiring a lawyer as this might be helpful to you). I know this sounds like a crazy thing to say, since I’m a lawyer who clients hire to… (Read more)

What Is Difference In Automatic Stay And Discharge Order?

What Is Difference In Automatic Stay And Discharge Order? When you file a bankruptcy, the judge will automatically enter what is known as the automatic stay order that will last until the case is over.  When your bankruptcy case is over, the normally you will receive a discharge order. So what do these orders do and what is the difference between them? The automatic stay order is to maintain the status quo. It is to make sure that none of… (Read more)

Alabama Bankruptcy — Can I Still Sue An Abusive Debt Collector If I File For Bankruptcy?

Yes — if you file for bankruptcy (normally a chapter 7), you should still be able to sue an abusive debt collector. Here’s how this works. If you file for chapter 7 bankruptcy, the bankruptcy trustee has the right to look at all of the assets in your bankruptcy case which includes any potential lawsuits. But normally the trustee will “waive” or otherwise agree not to pursue the case for you which means you can file the lawsuit against the… (Read more)

“How can filing a chapter seven bankruptcy ‘after’ a foreclosure help me?”

“How can filing a chapter seven bankruptcy ‘after’ a foreclosure help me?” If you have been foreclosed, then a bankruptcy (any type) will not undo the foreclosure. But a chapter seven (7) bankruptcy can minimize any further damage to you. It is not always the right option but it can be a very smart move to make in the right circumstances. Let’s take a look at this situation. “I’ve been foreclosed, what other bad things can happen with my house… (Read more)

Alabama Bankruptcy — “Will I Lose My Car If I File For Bankruptcy?”

A very common question when Alabama consumers are looking at filing a bankruptcy is “Will I lose my car if I file?” The answer is it depends. Here are some items to consider that we will look at it more depth: Did you file Chapter 7 (“straight bankruptcy”) or Chapter 13 (“debtor’s court”)? Are you behind on your car? Do you have equity in the your car? Are you upside down in your car? Do you want to keep your… (Read more)

“Is bankruptcy a good option to stop an Alabama foreclosure?”

“Is bankruptcy a good option to stop an Alabama foreclosure?” Bankruptcy is an option — we’ll talk about whether it is a good option or not — to stop an Alabama foreclosure that has not yet happened and it is something to be considered. Let’s go through this together. First, a bankruptcy will only stop an Alabama foreclosure if the foreclosure has not yet happened. A bankruptcy can stop a foreclosure but it does not reverse a foreclosure. Sometimes we… (Read more)

“What happens at my 341 hearing or the meeting of creditors hearing?”

“What happens at my 341 hearing or the meeting of creditors hearing?” I’ll address this question of what happens at my 341 hearing  — which is a very natural question to ask — from the standpoint of filing a chapter 7 bankruptcy in Birmingham. It can be a bit different in different courthouses but the basic gist of what we have below will apply. We’ll go through this question and the questions that naturally follow to give you a good… (Read more)

“Can filing bankruptcy stop a lawsuit against me?”

“Can filing bankruptcy stop a lawsuit against me?” Bankruptcy normally will stop a lawsuit that has been filed against you. When you file for bankruptcy, as a general rule all lawsuits will be “stayed” or stopped while your bankruptcy petition (i.e. your case or petition) is considered by the bankruptcy court. This means that unless a judgment has been entered against you, then nothing will happen to the lawsuit until the bankruptcy court decides whether your debts will be discharged… (Read more)

What are the Different Types of Bankruptcy Lawyers in Birmingham, Alabama

What are the Different Types of Bankruptcy Lawyers in Birmingham, Alabama While not an exact science, you can generally divide Birmingham, Alabama bankruptcy lawyers (who represent consumers) into three groups. The first group files a large number of cases for the lowest fee. The second group charges a mid level fee and files less than the first group but more than the higher end firm. The third group charges the highest fee and normally files the fewest cases. So, what… (Read more)

Alabama Foreclosure: Can I Be Sued For A Deficiency After My Foreclosure?

Alabama Foreclosure:  Can I Be Sued For A Deficiency After My Foreclosure? We talked about how a foreclosure can result in a deficiency which is where your house is sold for less than what you owe. It is possible, and in 2017 we are seeing this happen more and more. I know some people feel like this is illegal. This is not true in Alabama. It may be true in other states (for example California under some circumstances) but here… (Read more)

Will a chapter 7 bankruptcy discharge parking, speeding and other types of fines?

A Chapter 7 bankruptcy will not discharge costs and fines you owe to the federal, state or local government. These are priority debts and this includes fines and costs owed for traffic tickets, parking tickets, and criminal convictions.… (Read more)

What if I forget a creditor – can you add that later to my chapter 7 bankruptcy?

With your written permission, we will generally pull the creditors listed on your three major credit bureau reports. Then you will also get us a list of creditors you owe. Between these two methods, we usually will get all your creditors listed in your petition prior to filing. If a creditor slips through the cracks and you become aware of this after you file your petition, your petition may be amended to include the creditor. There will be an additional,… (Read more)

Do I have to list all of my creditors or just the ones I want to discharge in a chapter 7 bankruptcy?

You are required to list all of your creditors in your Chapter 7 bankruptcy. All creditors are required to receive notice of your bankruptcy filing. If you qualify and decide to reaffirm and keep property you are financing, such as a car, the creditor is listed and a reaffirmation agreement must be executed and filed with the Bankruptcy Court while your case is pending.… (Read more)

I can’t find my tax returns – what do I do so I can still for chapter 7 bankruptcy?

We will need a copy of either your Federal Tax returns or your Federal Tax transcripts for the most recent two years prior to the filing of your Chapter 7 bankruptcy. You may obtain a copy of your tax transcripts from the IRS by calling their toll free telephone number provided on the IRS website  (1-800-908-9946). Your tax transcripts usually take at least a couple of weeks for you to receive in the mail. If you have not filed tax… (Read more)

Will filing chapter 7 stop a repo on my car?

Yes, filing a Chapter 7 bankruptcy can temporarily stop a repossession of your car because of the automatic stay. If you are behind on your car payments and cannot afford your car payment after bankruptcy, then generally you will not be able to reaffirm and keep your car after your Chapter 7 case is discharged. In this case your car can still be repossessed after your bankruptcy discharge. However, any debt that you still owe on the car would be… (Read more)

How long after my chapter 7 discharge do I need to wait to file again?

Hopefully after you are discharged from your Chapter 7 case you will not need to file bankruptcy again. However, statistics show that somewhere around 16% of people that file bankruptcy will eventually re-file bankruptcy. If you receive a Chapter 7 discharge you must now wait 8 years to file a new Chapter 7 case. This 8 year period is from filing date to filing date. If you received a discharge on a prior Chapter 7 case, you may file a… (Read more)

How fast can I file chapter 7 bankruptcy?

This depends on how quickly all documentation and information is given to your attorney to complete the Chapter 7 petition. At our initial meeting we will discuss your financial situation with you and determine whether or not you would qualify to file bankruptcy and whether bankruptcy is your best option. If we decide to move forward with a Chapter 7 bankruptcy, you will sign a written fee agreement, and you will receive mandatory notices that must be read by any… (Read more)

How do I pay for my attorney fees for a chapter 7 bankruptcy?

Attorney fees and costs for a Chapter 7 bankruptcy must be paid in full before the case can be filed. However, we may work with you on a payment plan to break the payments into installments. Some people may choose to use their income tax return to pay for their Chapter 7 bankruptcy. Other people put money aside for several months to pay for their Chapter 7 bankruptcy.… (Read more)

Does filing bankruptcy destroy my credit for the rest of my life?

No, bankruptcy will not destroy your credit forever. The fact that you filed a Chapter 7 Bankruptcy will usually remain on your credit for up to 10 years after you file. However, this does not mean that you will not be extended credit during this time. You will likely receive credit card offers for small credit amounts soon after you are discharged from a Chapter 7 Bankruptcy. You will also likely receive offers for used and new cars after being… (Read more)

Can I file a chapter 7 by myself or do I need a lawyer?

You are not required to have an attorney to file your Chapter 7 case. However, it is definitely advisable to hire an attorney for your Chapter 7 case. The Chapter 7 petition (paperwork) to be completed and filed with the bankruptcy court is very detailed and can be complicated for a person representing themselves. If you do not complete your petition properly your case could be dismissed for being incomplete, among other reasons. If your case is dismissed, this means… (Read more)

Do I have to attend some type of credit counseling class before I can file for chapter 7?

Since the 2005 amendment to the Bankruptcy Code, you now have to complete a short credit counseling course within 180 days before you will be allowed to file bankruptcy. However, you do not have to complete this course in person. We can provide you with the details and paperwork for a Court approved credit counseling court service. The process is short and we can help guide you through it. The credit counseling service will then send us a copy of… (Read more)

Do I ever have to see the federal judge when I file for chapter 7 bankruptcy?

No — in a large majority of Chapter 7 bankruptcy cases the you will never appear before the Bankruptcy Judge, only the Bankruptcy Trustee at the 341 Meeting. If your Chapter 7 case is set for a hearing before the Bankruptcy Judge, it usually means that someone has filed an objection, a motion to dismiss your case, or an adversarial proceeding.… (Read more)

What does chapter 7 bankruptcy do to my student loans?

In a large majority of cases, you will still owe your student loan debt after a Chapter 7 bankruptcy. Generally, student loan debt is not dischargeable in a Chapter 7 bankruptcy. However, there is a limited exception provided for in the case law that provides for a fact sensitive test. This requires a special adversarial proceeding to be filed and a hearing by the Bankruptcy Court.   This is a difficult standard to meet but sometimes it is worth investigating to… (Read more)

Can I stop paying alimony after I get my discharge from chapter 7?

No. Alimony and child support are priority debts that survive a Chapter 7 bankruptcy.  If you are having issues with alimony, there may be other options for you but a Chapter 7 by itself will not remove this obligation that you have.… (Read more)

Can I still use my credit cards before I file for Chapter 7?

Generally credit card debt is dischargeable (able to be erased) in a Chapter 7 bankruptcy. However, there are exceptions: (1) If you use one credit card to buy more that $600 worth of “luxury goods or services” within 90 days of filing for bankruptcy, the debt is presumed to be non-dischargeable (you would still owe it after the Chapter 7 is finished). (2) If you take over $875 in cash advances from a credit card within 70 days of filing… (Read more)

How can Chapter 7 get rid of a judgment?

A judgment for an unsecured, non-priority debt can be eliminated with a Chapter 7 bankruptcy where the underlying debt and creditor is included in the Chapter 7 case. When you receive a discharge of that debt in Chapter 7 bankruptcy, there is no longer any debt for that judgment to collect. However, if a judgment has been perfected as a lien on property, there are extra documents that must be completed to determine if the lien may be removed through… (Read more)

What information and documents will I need to provide my attorney for a Chapter 7 Bankruptcy petition?

We will go through an initial interview packet with you to gather information about your monthly income/expenses, debts you owe, any property you own including its value, among other information. In the event that you qualify and Chapter 7 bankruptcy is your best option, you would need to provide several documents to your bankruptcy attorney, including: A list of all your debts and creditors you owe, including mailing addresses and account numbers if available (we also can get the list… (Read more)

Will I have to go to court for my Chapter 7 bankruptcy?

If you file a Chapter 7 bankruptcy you must appear in person for a “meeting of the creditors” or “341 meeting”. This meeting is essentially an information gathering hearing where you will appear with your lawyer in front of a Bankruptcy Trustee that may ask brief, general questions regarding the information that is listed, or is not listed, in your bankruptcy petition that was filed with the Court. Your creditors are not required to show up at the hearing, but… (Read more)

What is the means test in a Chapter 7 bankruptcy?

After the 2005 amendment of the Bankruptcy Code, anyone seeking to file a Chapter 7 bankruptcy must complete the “Means Test” to determine, in part, whether they qualify to file a Chapter 7 bankruptcy. The first part of the Means Test compares your household annual income to that of the State of Alabama median income for a household of the same size. If your income is below the median income in Alabama, then normally you will pass the Means Test.… (Read more)

What is discharge order in a chapter 7 bankruptcy in Alabama?

A discharge order is the order you would receive at the conclusion of your Chapter 7 bankruptcy case when all your qualifying debts are legally eliminated or discharged. Alternatively, if you filed for a Chapter 7 bankruptcy and you did not qualify or there was another problem preventing you from receiving a discharged, your case could be dismissed by the Bankruptcy Court and you would not receive a discharge. The discharge order is the goal of filing a Chapter 7… (Read more)

What debts will not be erased through a Chapter 7 bankruptcy?

Debts that will survive and are not eliminated in a Chapter 7 bankruptcy are debts labeled as “priority” debts under the Bankruptcy Code. Priority debts include:        Domestic support obligations (child support and alimony). Extensions of credit to debtor after the filing of the case. Wages, salaries and commissions a debtor owes to any employees or independent sales reps, up to a maximum per person earned within the 180 days before the filing of the case or the cessation of business.… (Read more)

What debts can be erased through a Chapter 7 bankruptcy?

Generally, all unsecured, non-priority debts can be erased and eliminated without further payment with a Chapter 7 discharge. Examples of unsecured, non-priority debts include: credit card debt, medical bills, debt after a repossessed car, debt after a foreclosed house, many “signature” loans or lines of credit, among other debts.… (Read more)

What are the main differences between a Chapter 7 and Chapter 13 bankruptcy?

A Chapter 7 bankruptcy allows people who qualify a complete liquidation or elimination of unsecured, non-priority debts without further repayments. Some of the requirements to qualifying for a Chapter 7 bankruptcy are based on household income, income versus household expenditures, the value of the assets you own, among other factors. Attorney’s fees and other costs for a Chapter 7 case are paid before the case can be filed. A Chapter 13 bankruptcy is essential a repayment plan where that allows… (Read more)

If I co-signed with someone else on a debt and I file a Chapter 7 bankruptcy, does the co-signer owe the debt in full?

If you co-sign with another person for  a car, credit card, house or other debt you are a co-debtor. When one co-debtor files for a Chapter 7 bankruptcy the creditor can attempt to collect the total amount of the debt from a co-debtor that has not filed for bankruptcy. A discharge in a Chapter 7 bankruptcy will prevent the creditor from attempting to collect the debt from you and you will legally no longer owe the debt.  But the co-debtor… (Read more)

I am married, can I file bankruptcy without my spouse being included?

Yes, as long as you qualify, you can file an individual bankruptcy even if you are married. If you are married and want to file and individual Chapter 7 bankruptcy case, the household income (including your spouse’s income if you live in the same home) must be considered when determining if you qualify to file a Chapter 7 bankruptcy. However, if you and your spouse are co-debtors on many of the debts to be included in the Chapter 7 Bankruptcy,… (Read more)

How long does a Chapter 7 bankruptcy case take to finish after it is filed?

A general Chapter 7 bankruptcy case usually lasts 3 to 4 months from the filing of the case until a discharge. In most Chapter 7 cases only one, short court appearance is required in front of the Bankruptcy Trustee at a hearing called a “meeting of the creditors” or a “341 hearing” (named after the section in the Bankruptcy Code.… (Read more)

I am financing a house, can I file a Chapter 7 bankruptcy and keep my house?

Yes, in many cases an individual or couple can keep their mortgage and their house and file a Chapter 7 bankruptcy. Similar to reaffirming a car/truck in a Chapter 7 case, if you qualify, you can reaffirm your mortgage and keep your house. Another issue with reaffirming your house is how much equity, if any, do you have in your house. In other words, how much is the payoff balance on your mortgage(s) versus the fair market value of your… (Read more)

I am financing a car, can I file bankruptcy and keep my car?

Yes, in many cases you will be able to keep your car you are financing and file Chapter 7 bankruptcy.  Many times people have a large amount of medical bills, credit card debt, or other unsecured debts that they can eliminate in a Chapter 7 bankruptcy and still keep the car or truck they are financing. Keeping a car/truck you are financing after your Chapter 7 Bankruptcy would be done through a written “reaffirmation agreement” between you and the creditor… (Read more)

Will I have to give up all my personal property and real estate if I file for a Chapter 7 Bankruptcy in Alabama?

No. In Alabama if you file a Chapter 7 bankruptcy as an individual you can exempt up to $3,000 (fair market resell value) of personal property that you own outright. You can also exempt up to $5,000 of equity in real estate. If you file a joint Chapter 7 bankruptcy with your spouse, these exemption amounts will double. Many people never lose any property in a Chapter 7 bankruptcy case unless they choose to surrender (give back) property they are… (Read more)

Will filing bankruptcy stop creditors and collectors from calling me?

Yes, filing bankruptcy will stop creditors/collectors from contacting you completely. Your legal protections once you file bankruptcy include the “automatic stay” (except for exceptions of debtors with multiply, recent bankruptcy filings that have been dismissed). Under the U.S. Bankruptcy Code, an automatic stay stops all collection efforts by a creditor/collector. Therefore, after you have filed bankruptcy and an automatic stay is in effect, any contact by a creditor/collector to you via telephone, U.S. Mail, etc. to discuss a debt they… (Read more)

Will filing bankruptcy stop a garnishment by a creditor?

Will filing bankruptcy stop a garnishment by a creditor? This is a great question, especially when you’re dealing with creditors. Let’s look at this. Yes, it will. Filing bankruptcy will stop or “stay” a garnishment of your paycheck or bank account by most creditors. Garnishments for credit card debt, medical bills, deficiencies from a vehicle that was picked up or home that was foreclosed upon, and most other non-priority debt garnishments will be stayed with the filing of a bankruptcy.… (Read more)

Will filing bankruptcy stop a lawsuit or garnishment by a creditor?

Yes, the filing of bankruptcy will stop or “stay” collection lawsuits against you. If you have been sued by a creditor or debt collector and you file a Chapter 7 bankruptcy the collection lawsuit is “stayed” (like pressing the pause button while watching a movie). The debt that the creditor or collector claims you owe should be included in your bankruptcy petition (the papers filed with the Bankruptcy Court) and that creditor/collector is served notice of your bankruptcy filing by… (Read more)

“You Can’t File Bankruptcy Anymore!” — Collector Lying Or Truthful?

“You Can’t File Bankruptcy Anymore!” — Collector Lying Or Truthful? Debt collectors routinely lie to Alabama consumers about their rights and when they do this the debt collectors should be sued. One example is collectors will tell you that the law changed and now you can’t file for bankruptcy protection. This is a lie and normally violates the Fair Debt Collection Practices Act (FDCPA) law. The law was changed a number of years ago to make filing for bankruptcy somewhat… (Read more)

Does Chapter 7 Bankruptcy Make My Student Loans Go Away?

Does Chapter 7 Bankruptcy Make My Student Loans Go Away? If you file for Chapter 7 bankruptcy, this does not automatically make your student loans (private or federal) go away. You have to ask the court to determine that you are entitled to a discharge. Student loans are treated differently from other types of debts when it comes to a bankruptcy discharge. With most other debts, you file for bankruptcy, list the debt, and if nothing else happens, then the… (Read more)

Why You Need To Tell Your FDCPA Lawyer If You Plan On Filing Bankruptcy

Why You Need To Tell Your FDCPA Lawyer If You Plan On Filing Bankruptcy. If you are planning on filing bankruptcy, then you need to let your lawyer know who is representing you against a debt collector in your FDCPA (Fair Debt Collection Practices Act) lawsuit. You also need to let your bankruptcy lawyer know you have a lawsuit or a potential lawsuit against a debt collector. In the world of bankruptcy, a lawsuit is an “asset” that may no… (Read more)

Biggest Financial Mistake — Filing Bankruptcy Because Of Collectors?

Biggest Financial Mistake — Filing Bankruptcy Because Of Collectors? Are you considering bankruptcy because you are sick of dealing with abusive debt collectors?  Take five minutes and read this article to understand why this may be one of the biggest financial mistakes you could make. Bankruptcy is a legitimate option if you have no other choice.  Sometimes our debts and income and assets just don’t add up the right way.  This is what bankruptcy is for — to get a… (Read more)

Does It Make Sense To File Bankruptcy Because Of Identity Theft?

Does It Make Sense To File Bankruptcy Because Of Identity Theft? You are the victim of Identity Theft and now you have multiple accounts and debts that are not yours.  Friends and family tell you to file bankruptcy.  Should you? Let’s think this through. Filing bankruptcy can get rid of the bogus debts if you qualify for Chapter 7. But bankruptcy is for debts that you owe. You don’t owe ID theft debts. So why would you file bankruptcy —… (Read more)

FAQ About How Your Credit Report Should Show Discharged Accounts After Completing a Chapter Seven Bankruptcy

FAQ About How Your Credit Report Should Show Discharged Accounts After Completing a Chapter Seven Bankruptcy I am thinking about filing bankruptcy – what does a discharge mean? First, a discharge is where you no longer owe the debts that are included in bankruptcy. The creditor cannot ever try and collect the debt from you. You can imagine a wall has come up between you and the creditor and the creditor cannot climb over, around, or under the wall to… (Read more)

What Are the Advantages of Filing a Chapter 7 Bankruptcy in Alabama?

For most consumers, a chapter 7 bankruptcy is better than filing a chapter 13 bankruptcy. We want to share a few reasons why we feel this way by answering questions that are often asked. What is the difference in a chapter 7 bankruptcy and a chapter 13 bankruptcy? A chapter 7 bankruptcy is referred to sometimes as “straight bankruptcy” while a chapter 13 is often called “debtor’s court.” The basic concept of each is fairly simple. A chapter 7 bankruptcy… (Read more)

John, Why Don’t You File Chapter 13 Bankruptcies in Birmingham, Alabama?

As you may know from reading our materials that we have offline (books, reports, etc.) and online (web sites, blogs and videos), then you’ll know that while our focus is on suing abusive debt collectors and mortgage companies, we in the past would file a small number of Chapter 7 bankruptcies but we will not file Chapter 13 bankruptcies in Birmingham, Alabama. While this is not a decision set in stone, at the time of this writing we have no… (Read more)

Debt Collection Before, During, and After Your Bankruptcy

Debt Collection Before, During, and After Your Bankruptcy [Updated May 2021] You’re probably thinking about filing for protection via bankruptcy (chapter 7 or 13). You may wonder, “What does this mean for debt collectors who are coming after me?”  Collectors who are calling me or writing me collection letters?  And who are credit reporting against you. Before Filing for Bankruptcy Debt collectors can continue to collect against you but they must follow the law, especially the Fair Debt Collection Practices… (Read more)

Incorrect Credit Reporting After Bankruptcy

Incorrect Credit Reporting After Bankruptcy [Updated May 2021] Errors with credit reports after you have filed bankruptcy are very common and you need to fix these errors so that you can get your fresh start after bankruptcy.  Otherwise you lose a huge benefit of a bankruptcy discharge if creditors and collectors are allowed to do false credit reporting on you. Your credit score can be wrongfully driven down by errors in your credit report. Fortunately, credit bureaus (such as Equifax,… (Read more)

Bankruptcy Frequently Asked Questions By Alabama Consumers

Bankruptcy Frequently Asked Questions By Alabama Consumers [Updated May 2021] I’m having some money troubles and I’ve heard about bankruptcy but I don’t quite understand what it is. Can you tell me what exactly bankruptcy is? Bankruptcy is an option if you are having money problems. It is not the only option, but it is a legitimate option. Basically, filing for bankruptcy is where you ask the Federal court in Birmingham, Alabama, to look at your financial situation and to… (Read more)