Bankruptcy Continues to Best Form of Relief for Most People

I hope you are having a great Sunday. My name is David Ruben and I have been a bankruptcy lawyer in Maryland for almost 23 years. I love what I do. Tommorrow is one of those rare days that I do not have to appear in court, so I was thinking about what my day will bring. Aside from all of the written work that I have to do, I will probably (hopefully) field about 15-20 new phone inquiries about filing Chapter 7 or Chapter 13 bankruptcy. What continues to amaze me about the phone calls is that many of the people have been thinking about calling a lawyer for Chapter 7 or Chapter 13 bankruptcy for months, sometimes years, and have been reluctant to do so for fear of the unknown. People are actually afraid to call me and scared of what they might hear. Many people, after we have our consultation, say "wow, that was easy, I was expecting that to be much worse, I feel so relieved." Despite what you might think or what people might tell you, Chapter 7 and Chapter 13 bankruptcy are … [Read more...]

Will Bankruptcy Stop a Wage Garnishment?

Yes, filing Chapter 7 or Chapter 13 bankruptcy will automatically stop a wage garnishment. If it is a dishcargeable debt (credit card, repossession, medical bill, etc.), then it will be stopped for good. If it is a non-dishchargeable debt (most taxes, student loans, MVA debts), it will be stopped while the bankruptcy is pending (usually about 4 months for a Chapter 7), but then start up again after the bankruptcy is discharged. You can file bankruptcy before or during a garnishment. In other words, just because it has already started, that doesn't mean you cannot stop it. It stops as soon as you file your bankruptcy. In some cases, depending on how much money has already been taken from you and over what period of time, you can get your money back from the creditor after the bankruptcy is filed. If you are looking for a Maryland Bankruptcy law firm to help you file a Chapter 7 or Chapter 13 bankruptcy, call us. We are bankruptcy attorneys with a great deal of … [Read more...]

Can Chapter 7 Bankruptcy Help Me?

I saw this article online and thought it was excellent, please read if interested in learning about or filing Chapter 7 bankruptcy, I couldn't have said it any better myself. Can Chapter 7 bankruptcy help? When most people think of filing for bankruptcy, they think of chapter 7 bankruptcy. Chapter 7 bankruptcy, often referred to as “straight bankruptcy,” is a much faster process than its slower cousin chapter 13 bankruptcy. Depending on income, chapter 13 bankruptcy lasts between 3 to 5 years, whereas a typical chapter 7 case is open and shut within 4 months. Within that short time frame, chapter 7 transforms the debtor’s financial life from a cluttered mess, to a clean slate. Here are 5 important ways that chapter 7 bankruptcy can help if you find yourself in financial distress. 1. Eliminate unsecured debt. This is the most obvious way that chapter 7 bankruptcy helps consumers. Filing for chapter 7 bankruptcy wipes out high interest credit card debt and medical bills. … [Read more...]

Can Bankruptcy Help?

At the Maryland Bankruptcy Center, we tell at least 1 person per day that they are NOT eligible to file bankruptcy or that bankruptcy is not a good idea. On the other hand, we tell most people who call that filing bankruptcy in Maryland is the right choice. Why is that? Chances are, if you are researching bankruptcy, you have found yourself in a very difficult financial situation and you are desperate for help. Chapter 7 and Chapter 13 are your last resort, but unfortunately in this economy, it is the only resort for hundreds of thousands of Marylanders each year. Consider the article below, and if you have any questions at all, feel free to call us anytime. Filing For Bankruptcy is a Major Decision. Necessary For Some, Unnecessary For Others… You don’t just throw a bankruptcy in your shopping cart and head for the check out, it’s a major life decision that should not be entered into lightly. In some cases, bankruptcy can really help. Some families who are avoiding filing … [Read more...]

Getting Credit After Bankruptcy…..Is it really 10 years?

Clients are always concerned about their credit score. It is not unusual for the question “How will bankruptcy affect my credit score?” to be the first thing that comes out of someone’s mouth when they consider bankruptcy as an option. Although bankruptcy does have an effect on your credit, the effect may not be as bad as many would have you believe. Further, most people fail to compare the alternative effect that not filing bankruptcy will and already does have on their credit. There are a number of facts that will appear on your credit report. Any type of loan, any credit you have taken out, how you use it, whether you have paid it or are in default, are all things that will appear when someone looks up your credit report. Bankruptcy will appear on your credit report for up to 10 years. Any negative occurrences will appear for 7. If your credit is poor, as most people’s is when they consider filing for bankruptcy, bankruptcy may not hurt your credit as much as not filing … [Read more...]

Bankruptcy: What is it and how does it work?

As a Maryland bankruptcy lawyer, I have many clients that know very little about the bankruptcy process when they come in for a consultation. It is important that anyone considering filing for bankruptcy to have a basic understanding of the process before they make the decision to file. Everyone has a right to know what their options are and how these options can affect their future, especially when dealing with a bankruptcy. Types Of Bankruptcy There are two types of bankruptcy and each carry different qualification standards. Filing for Chapter 7 bankruptcy produces a debt elimination at very little out of pocket cost to the debtor. However, a debtor must have a reportable income less than the median income level of their state of residence in order to qualify. This rule prevents abuse of the system by weeding out anyone who may be able to afford to repay their debts rather than have them eliminated. Filing for Chapter 13 bankruptcy allows a debtor to develop a repayment … [Read more...]

Facing Foreclosure in Maryland? Read This.

Mortgage Assistance companies and credit counselors are not lawyers and they can’t explain the legal ins and outs about the bankruptcy laws. Not that they want to, because telling someone to see a lawyer about Chapter 13 bankruptcy might be a better option for the homeowner, but it won’t put a fee in the company’s bank account. All too often, these companies will assure the homeowner that they can help, only to notify them that they can’t do a thing – after they have collected their fees and often mere days before the foreclosure – leaving the homeowner with no time to fully explore bankruptcy or other legal solutions. Many companies are disreputable; taking money but doing nothing. What a mortgage assistance company does is collect a fee to help a homeowner workout a repayment plan with their mortgage company. The fee is often a full mortgage payment, non-refundable, and there are usually no guarantees that the payment plan will be one the homeowner can afford. Any homeowner can … [Read more...]

Ten Things To Do BEFORE FILING BANKRUPTCY

Bankruptcy is very often a time-sensitive process and pre-bankruptcy planning can be critical in protecting assets. Chapter 7, in particular, the trustee’s responsibility is to “look back” at the actions the debtor has taken to insure that there hasn’t been a fraudulent conveyance of assets, a non-allowed preference payment to creditors or other actions that might leave assets exposed. It’s critical, if you are considering bankruptcy, to consider taking the following steps to insure a successful filing: 1. Consult with an attorney. The bankruptcy laws have become so complex that consumers should not attempt to file by themselves. It’s a very risky process to try to do on your own. Since 2005, there is a complicated “Means Test” required, government-approved credit counseling, as well as other changes which made the filing of Bankruptcy much more complicated. Even if you eventually file pro-se (representing yourself) consult an attorney and ask questions about whether bankruptcy … [Read more...]

Chapter 7 Maryland Bankruptcy or Chapter 13 Maryland Bankruptcy?

Bankruptcy may provide some relief to a borrower under financial stress and overwhelmed with debt. Typically, there are two types of bankruptcy available to a debtor, Chapter 7 bankruptcy and Chapter 13 bankruptcy. The requirements and benefits offered by the two types of bankruptcy differ greatly. A Maryland bankruptcy attorneycan explain the differences between the two chapters in detail and help ensure a successful bankruptcy filing. It is highly recommended that a debtor consult a bankruptcy lawyer for help determining which bankruptcy chapter is best suited for their situation. An incorrect or incomplete bankruptcy petition can create long-lasting consequences for the debtor. Chapter 13 is considered a restructuring bankruptcy because the debtor continues to make payments to their creditors according to a court approved payment plan. The payment plan outlines how the income the borrower receives will be used to pay off the debts owed. Once the payment plan is confirmed by the … [Read more...]

Filing Bankruptcy to Prevent Foreclosure

If you’re facing foreclosure, and you can’t seem to strike a deal with your lender, filing bankruptcy may be able to help. If you fall behind on your mortgage payments, your lender may take steps to foreclose on the property – meaning it may take back your home and sell the property at a public auction. The foreclosure process doesn’t happen overnight. In Colorado, a foreclosure typically starts after you fall behind on your payments for at least two months, and often three or four. This window of opportunity (commonly the reason behind a “strategic default”) will provide some time for you try alternate methods, such as loan forbearance, a short sale, or a deed in lieu of foreclosure. If you’ve already tried these options, filing bankruptcy may provide another option to avoid or stall foreclosure. Here are some examples of how filing for bankruptcy can help you – The Automatic Stay Delays Foreclosure When you file either a Chapter 13 or Chapter 7 bankruptcy, the court … [Read more...]