How To Stop A Wage Garnishment?

There are several ways to stop a wage garnishment. One of the ways that I deal with on a daily basis is by filing chapter 7 or chapter 13 bankruptcy for individuals and families struggling with debt. Chapter 7 bankruptcy filing involves the creation of an automatic stay. The automatic stay prohibits collection activities after your case is filed. There are some exceptions to the automatic stay, however most collection efforts have to cease. Once you file a chapter 7 bankruptcy, your attorney will send a notice to your employer advising them or instructing them to stop taking deductions out. Your bankruptcy attorney may also fax proof of filing to the creditor so that they are aware that + Read More

I Provide Solutions, But I Can’t Make You Follow Through

I just got a recent call from a woman who has been a client for approximately 9 months. She was set up on a payment plan, however has not made a payment in over five months. It turns out that one of the creditors has obtained a judgment and has now served her employer with a wage garnishment. She is obviously concerned because she feels that her wages are going to be garnished and she will not have enough funds to make her rent payment. She wanted to know what I could do about it. So,  I checked her file. I found out that she has not taken the credit counseling session as of yet. Until she takes the credit counseling session, there is no possible way to file her case and get an automatic + Read More

Interesting Development in Some Chapter 13 Bankruptcy Cases

When the bankruptcy laws were changed on October 17, 2005, there was an effort to curb abusive filings. To do so, a means test was authored utilizing IRS standards for acceptable expenses. In addition to the means test, there were requirements such as having completed a credit counseling session before a case can be filed and financial management instruction completion before a case can be discharged. There were also measures aimed at curbing repetitive filings. This all centered around the creation of and the existence of the automatic stay. If someone was filing a chapter 13 bankruptcy within one year after a prior case was dismissed, then the automatic stay would only last in the new + Read More

Can We Save Our Home With Bankruptcy?

    This is the bankruptcy case study for Todd, from Steger, Illinois, and his wife Emily. The couple is considering chapter 7 or chapter 13 bankruptcy, but is not sure which chapter is best for them. Let's explore the details. The couple owns a home in Steger, Illinois with a market value of approximately $110,000. The debt owed on the property to pay it off in full is $103,000. The problem is that they are $27,000 behind on their mortgage payment and close to losing the property to a foreclosure sale. The couple owns one vehicle, a 2003 Nissan Frontier which has 114,000 miles on it.  The vehicle is paid in full with a value of approximately $3000. The couple has a + Read More

All Chicago Bankruptcy Lawyers Are Not Created Equal!

Chicago Bankruptcy Lawyer If you search for a Chicago bankruptcy lawyer, you are going to find a wide range of talent, fees, experience, demeanor and success. You will find everything from the entry-level attorney who is trying to help his first client all the way to the seasoned attorney who is closing in on retirement after helping thousands of clients. If you think that those two attorneys are equal, then you fail to realize a significant factor.  Experience Is key Factor There is no substitute for experience. It doesn't matter how well you did in law school. It doesn't matter how many books you read on the topic. It doesn't matter how many bar associations you are a member of. In the + Read More

Do Most Bankruptcy Lawyers Accept Payment Plans?

Most Bankruptcy Lawyers Accept Payment Plans Most bankruptcy lawyers accept payment plans because they know that clients are struggling financially. Bankruptcy attorneys understand that clients are overwhelmed with debt. It is only when one stops paying minimum payments on credit cards, medical bills, personal loans and other debts whereby he or she will be able to make payments towards their bankruptcy attorney. The real question is whether or not the bankruptcy attorney is going to file your case prior to being paid in full.  Most Bankruptcy Lawyers Want To Be Paid In Full The typical bankruptcy attorney is going to want to be paid in full prior to filing your bankruptcy case. This fee + Read More

Credit Card Spending Can Lead To Bankruptcy Filing

In Chicago and around the country, people are over spending on their credit cards. Maybe it’s the have it now, pay for it later mentality. Maybe it’s the convenience of not having to carry cash. Maybe it’s the enticements of rewards by using the card. Whatever the reason, folks have become too reliant on credit cards in their lives. The video below talks about how using your credit card instead of cash can actually increase to the total dollars that you spend. In many cases, this will lead to an eventual bankruptcy filing. Jesse Barrientes: I find that a lot of folks are simply using the credit card to live. They are paying – they are buying groceries or they are buying things + Read More

Do I Need A Chicago Bankruptcy Lawyer If I Live In Cook County?

You are not required to use a Chicago bankruptcy lawyer if you live in cook County and wish to file for bankruptcy relief. Much more important than where the attorney is located, is what type of qualifications does the attorney have to handle your case. You might find a bankruptcy attorney within six blocks of where you live. You may later realize that the person is not the right attorney to handle your particular matter. Bankruptcy law has become quite complex since the law was amended in 2005. For that reason, the location of the bankruptcy attorney is not nearly as important as the qualifications of the bankruptcy attorney.  Cook County Is Larger Than Chicago As you probably know, Cook + Read More

Why I Love Being A Bankruptcy Attorney In Chicago

Being a bankruptcy attorney is a unique situation.  It is one of the few areas of law where the attorney can actually assist the client and at the end of the service, the client is 100% pleased with how everything went. In most areas of law, whether it be contract law, divorce law, criminal law, the client is not 100% happy with the results.  This is due to the fact that legal services often involve a negotiation or a give and take where one party gets something in exchange for the other.  Thus there is never a clear winner and usually both sides are not feeling like they got the greatest deal.  With bankruptcy, the results are typically known ahead of time by the lawyer.  The lawyer’s going + Read More

Helpful Tips To Select A Bankruptcy Attorney

If you are someone who is considering filing for bankruptcy, then the most important decision that you're going to make in that process is deciding which attorney you are going to hire. In some cities, there are literally hundreds of bankruptcy attorneys that are advertising their services in directories, on the Internet, and newspapers. But how do you decide which attorney is going to be right for you? Are you going to base your decision solely on price? Are you going to ask that particular attorney if he or she can provide references of people that they have helped? Are you simply going to go out on a limb and hire whichever name sounds good? Choosing a bankruptcy attorney is much like + Read More