Bankruptcy Attorney FAQs
Choosing an attorney: Does size matter?
Choosing an experienced bankruptcy attorney near Swanton, Ohio is an important decision. The best place to start is by doing your own research on both experienced local bankruptcy attorneys as well as the general topic of bankruptcy law itself. Knowledge is power, and by taking an active role in your own case, you improve the chances of a smoother bankruptcy filing.
Not all attorneys and law firms are equal. In a way, it’s similar to buying a car. You don’t necessarily need to go to the biggest place in the downtown area for the best. While the largest law firms may have dozens of attorneys, in the end only one bankruptcy attorney will be filing your bankruptcy case. Finding a balance between price and experience is important to many individuals. Keys to look for in the right bankruptcy attorney include, but are not limited to the following: bankruptcy experience, your personal comfort level with the attorney and/or law firm, price, and communication. Most local bankruptcy attorneys offer a free initial consultation and try to answer your questions. It is common to leave with a written fee quote. After the initial office visit, you will likely have a good feel about that bankruptcy attorney.
Comparison: France Law Group
|CLIENT SERVICES||FRANCE LAW GROUP||LARGE OHIO BANKRUPTCY FIRM|
|Free initial consultation||Yes (1 hour)||Yes (only 15 minutes)|
|Local firm ownership||Yes||No (Cleveland)|
|Personal attorney assigned to you||Yes||No (firm/staff attorneys)|
|Chapter 7 Express File Discount Program||Yes||No|
|Free, Lighted parking lot on premises||Yes||No|
|Suggested minimum retainer||$70||$100|
|Welcoming environment, full customer support||Yes (see our reviews)||Compare for yourself|
|Evening appointments||Yes (by appointment)||No (closes at 6 p.m.)|
|Recent (Chapter 7) price comparison*||$790-$990 + filing fee||$980 + filing fee|
*Competitor pricing and data derived from recent inquiry, subject to change.
Will bankruptcy stop a wage garnishment?
The filing of a bankruptcy will stop most wage garnishments. Once a case is filed, the debtor enjoys protection from creditors known as the “automatic stay.” The “automatic stay” ends most garnishments and prohibits creditors from contacting you in an attempt to collect a debt. While each person’s case is unique, you may wish to have a thorough conversation with your local bankruptcy attorney to discuss what to expect regarding bankruptcy filing and your wage garnishment. When your wages are being garnished, time is of the essence. Delay could you cost you more in the form of wasted wage garnishments. Contact us today to schedule your free initial consultation.
What is chapter 7 bankruptcy?
Chapter 7 Bankruptcy essentially eliminates most unsecured creditors, such as medical bills, vehicle repossessions, credit cards, and more. It is often referred to as “liquidation” as it is possible to lose personal assets due to excessive equity or other factors. Your local bankruptcy attorney will take the time to carefully analyze your situation to determine if anything may be at risk. In many cases, debtors are able to keep both their home and vehicle. This type of bankruptcy is generally less expensive than it’s Chapter 13 counterpart and does not require a monthly payment plan to the U.S. Government.
What is the credit counseling requirement?
The credit counseling requirement is simple, inexpensive, and can be a valuable educational resource to many individuals. Each debtor is required to complete two separate credit counseling courses. The first course is pre-filing, while the 2nd course is post-filing. These classes are typically offered online for a nominal fee. At the end of each course, please advise your course provider to forward a copy of your course certificate to your bankruptcy attorney. Course providers are not affiliated with France Law Group.
What about my student loans?
With some very limited exceptions, student loans are generally not discharged. In rare cases, a hardship exception may apply. Your experienced bankruptcy attorney will be able to apply your situation to the exact rule. Although most student loans survive a bankruptcy, it may be possible to negotiate directly with the student loan provider for more affordable repayment options. Additionally, some debtors prefer to file a chapter 13 bankruptcy, which may be an option for consolidating your student loan debt with your other debts, resulting in one monthly payment. In chapter 13 bankruptcy, many courts prefer that student loans be treated equally with other unsecured creditors. Your local bankruptcy attorney can help you better understand the relationship between student loans and bankruptcy filing.
Do I have to go to Court?
In both chapter 7 bankruptcy and chapter 13 bankruptcy cases debtors must attend one court event (aka “Meeting of Creditors.” ) This meeting occurs about 45-60 days post filing. These meetings typically only last about 15 minutes and give both the Trustee and any interested creditors an opportunity to discuss the case with the debtors. All debtors are required to bring 2 pieces of identification (driver’s license & social security card) and bank statements covering the date of filing. In chapter 13 bankruptcy cases, an additional hearing called “Confirmation” typically occurs about 30-60 days after the Meeting of Creditors. Your experienced bankruptcy attorney will advise you as to whether or not your attendance is required at a Confirmation Hearing.
Can I file without my spouse?
Yes, a married person is permitted to file with or without her or her spouse. Most bankruptcy attorneys charge by the case, not by the person, so it may be more economical to file jointly if both spouses have sufficient debt. When filing solo, you will need some of your spouse’s financial information, however this requirement does not affect the non-filing spouse.
I previously filed bankruptcy. Can I file again?
If you have filed for Chapter 7 Bankruptcy within the last eight (8) years, you are not currently eligible to do so again. The eight (8) year clock begins on the date of the previous case filing. If you are in need of bankruptcy relief, despite facing the eight (8) year rule, one solution is to ask your attorney about Chapter 13 Bankruptcy. A different type of bankruptcy, but it does have the ability to stop wage garnishments, stop home foreclosures, and more. If you are filing for chapter 13 bankruptcy because of a recent chapter 7 filing, be sure to discuss discharge eligibility with your attorney.
I’m so overwhelmed. Where to start?
A feeling of being overwhelmed by mounting debt and collection threats is a common feeling among debtors. You are not alone. Many people are thrown into these situations by something out of their control (i.e. medical, divorce, job loss, etc). Here is a quick 3 step approach to getting started:
- Schedule your free consultation (419) 725-9300
- Pull your free credit report
- If you have a couple recent pay stubs, bring those to your appointment.
NOTICE: We are a debt relief agency. We help individuals file for relief under the United States Bankruptcy Code. Choosing an experienced local bankruptcy attorney near Swanton, Ohio is an important decision. All content contained within the pages of this website as well any accompanying outbound links is for educational purposes only and is not intended to be construed as legal advice.
Swanton Bankruptcy Resources
Bankruptcy Attorneys, Swanton, Ohio
Local bankruptcy attorney near Swanton, Ohio serving Northern Ohio: Swanton, Delta, Whitehouse, Neapolis, Holland, Wauseon, Fayette, Archbold, Bryan, Montpelier, Waterville, Haskins, Toledo, Rossford, Northwood, Sylvania, Lake Township, Maumee, Perrysburg, Ottawa Hills, Fremont, Tiffin, Fostoria, Clyde, Woodville, Norwalk, Huron, Elyria, Oberlin, Westlake, Cleveland, Port Clinton, Sandusky, Upper Sandusky, Lima, Findlay, Helena, Fulton County, Ohio.
Local chapter 7 bankruptcy attorney serving Southeastern Michigan: Lenawee County, Monroe County, Morenci, Adrian, Blissfield, Deerfield, Ottawa Lake, Temperance, Bedford Township, Lambertville, Monroe, Ann Arbor, Saline, Ypsilanti, Canton, Detroit, Southgate, Dundee, Monroe, Tecumseh, Ida, Luna Pier, Michigan