When you have answered the question of "Is bankruptcy right for me?" there are equally important inquiries that deserve clear and honest answers. Most individuals will want to know the timeline for their case, how the bankruptcy process works and what benefits they can expect. Probably the most pressing of bankruptcy frequently asked questions, though, is how it can provide the debt relief that you need. We want you to feel you can always come to us with your questions and feel certain that you are obtaining accurate and complete data.
We offer a free initial consultation so that you can get an overview of bankruptcy, resolve any myths you may have heard and get advice from a skilled Schaumburg bankruptcy attorney. As a leader in bankruptcy advocacy, we operate somewhat different from many other firms. After reviewing your situation, if we find that bankruptcy is not going to work for you or that there may be a better solution to your debt problems, we are not limited in the actions we take on your behalf. Regrettably, an industry has cropped up in the U.S. in which "bankruptcy mills" encourage individuals to file for bankruptcy whether they are actually eligible and without having all pertinent data on a person's financial situation.
What these businesses don't tell you is that bankruptcy petitions are routinely denied. For the individual who is suffering from severe debts, the end result can be precious time wasted during which their financial scene has worsened. In addition, they may now owe a company for the "work" done to file their petition. If you were wondering how to choose an attorney, we advise that you find a firm, like ours, who is also wholly familiar with the many alternatives to bankruptcy and how these can bring about relief from tough financial problems.
When bankruptcy isn't the best tool to resolve your financial difficulties, we then strive to use others at our disposal.
For now, however, we'll get you some answers to questions you may have. No matter the type of bankruptcy that we file for you, it always starts with finding out if you are qualified to petition. This is done through a "means test" which is the common method, recognized by the bankruptcy court, to determine your eligibility. The next action is gathering and compiling a complete picture of your finances including (but not limited to) your income, assets and all debts. This information is used to find out whether Chapter 7 or Chapter 13 bankruptcy will work best for you and towards getting your petition filed with the court.
When we file your bankruptcy petition, one of the first and most important benefits begins almost at once. Per court order, your creditors will be barred from taking further collection actions against you. Debt lawsuits, threats to turn off your utilities, creditor harassment, garnishment of your wages and repossessions can all be brought to a halt. For many, the most important benefit will be that bankruptcy can prevent or put a home foreclosure on hold. In recent years, this can be particularly important to residents of Schaumburg who have run into trouble maintaining their high mortgage payments.
Within 15 days after we file your petition, we must provide the court with specific data on your finances such as your income, expenses, assets and liabilities. In Chapter 13, after 30 days you must make your first payment to a bankruptcy trustee per a repayment schedule or plan that we will have worked out.
In Chapter 7, you have 30 days to file a Statement of Intent indicating which debts you plan to pay, such as those for your home. Normally, 6 months after we have filed for Chapter 7, your debts will be discharged. In Chapter 13, the discharge occurs sometime between 3 and 5 years, depending on your repayment plan.
The overall goal of bankruptcy is to discharge your debts and through this action give you a fresh financial start. It is not intended as a punishment or to be thought of as a failure on your part. It is simply and solely a way to bring severe financial problems back under your control, as overseen by the court. At the end of the process you can be debt free. We hope that this has answered some of your questions but we know there may be many more. Click here to learn more about bankruptcy, its alternatives and what we can do to help you.