Get Started for as little as $450 down!
If bankruptcy is right for you, whether you are eligible for a Chapter 7 Bankruptcy or you are forced to file a Chapter 13 Bankruptcy because of a pending foreclosure or because your income is too high, you can get started for as little as $450 down, including the filing fee deposit. Get started by filling out our simple Online Debt Relief Review Form.
Find Freedom with Debt Relief
Read below about how we can help you FIND FREEDOM from the shackles of debt that force you to remain in the rat race. Bankruptcy and other debt relief options can provide a fresh start, while forgiving the debts of the past.
When will collection attempts stop?
Beginning the moment I file your bankruptcy petition, the "automatic stay" goes into effect which serves as an injunction that halts actions by creditors (with certain exceptions) to collect debts from a debtor who has declared bankruptcy. Automatic stay provisions work to protect the debtor against certain actions from the creditor, including:
making phone calls or sending letters regarding the account
beginning or continuing judicial proceedings against the debtor, INCLUDING FORECLOSURES AND REPOSSESSIONS
actions to obtain debtor's property
actions to create, perfect or enforce a lien against a debtor's property
set-off of indebtedness owed to the debtor before commencement of the bankruptcy proceeding.
Simply stated, the federal court order will stop all collection phone calls and mailings within three to four business days after I file your petition.
Do you have to go to court?
In most cases you do not have to go to court.
You will, however, always have to appear for a meeting, known as a Section 341 Meeting of the Creditors, which occurs approximately 4 to 7 weeks following your bankruptcy filing. The name "meeting of the creditors" is somewhat misleading, because except in complex cases, it is rare for a creditor to appear at the meeting. With my help, the meeting should take less than five minutes and be very simple for you. You and I will sit down with the trustee appointed to your case and they and I will ask you simple questions about your debts, assets and finances. The meeting is not held in court and typically lasts less than five minutes once we sit down with the trustee.
When would you have to appear in court?
If the trustee or one of your creditors seeks to challenge your right to obtain a discharge in your bankruptcy case (for any of a variety of reasons, including fraud) or if a creditor seeks to obtain relief from the protection that the bankruptcy law affords you (known as the automatic stay) to pursue a claim against you or your property in state court (such as initiating a foreclosure action), you may be required to appear in bankruptcy court to defend that action. These are very rare occurrences in the typical consumer bankruptcy case, however, you may also be required to appear in bankruptcy court if you elect to sign a reaffirmation agreement in order to retain property that is secured by a loan. Your appearance is simply to convince the bankruptcy judge that you have to ability to maintain your payments. In most cases, I can usually convince the court to approve the agreement without you having to appear. I do not charge an additional fee if we do not have to attend a hearing on the reaffirmation agreement. Settling the matter without a hearing is included in my flat rate service.
What debts will be eliminated?
Bankruptcy will eliminate most "unsecured" debts, including most credit card debt and medical debt. Bankruptcy will not eliminate: student loans, except extreme hardship cases, debts for most taxes, debts for alimony, maintenance or support, debts for fines, penalties or criminal restitution, and debts for personal injuries caused by driving intoxicated.
How much to get started?
Whether you are eligible for a Chapter 7 Bankruptcy or you are forced to file a Chapter 13 Bankruptcy because of a pending foreclosure or because your income is too high, you can get started for as little as $400 down. Get started by filling out our simple Online Bankruptcy Review Form.
Under the new bankruptcy law, an individual is eligible to eliminate most unsecured debts within 90-120 days of filing as long as that individual has a household income that is less than the average income for that household size in the state of Texas. The most recent "means testing" tables can be found on the US Dept of Justice's website, here.
We offer affordable Chapter 7 services for your situation. We accept payment plans of your choice and can get started for as little as $400 down.
What to expect in a Chapter 7 proceeding
How long does it take?
In the typical Chapter 7 case, the entire process - from filing the petition until discharge - should take approximately 90-120 days.
General Information About Chapter 7 Bankruptcy - What is a Chapter 7 Bankruptcy?
Also known as “Fresh Start” bankruptcy, chapter 7 allows a person to eliminate most or all of his debt while usually being allowed to keep whatever property he may have. and allows unsecured debt such as medical bills, personal loans and most credit card charges to be easily eliminated.
In many cases, a person may keep their home or car (secured debt), provided that they continue to make current payments and are up to date on the loan.
Do you have a job?
Do you want to keep your home/vehicle?
Do you want to force your creditors to accept payments toward the past-due missed payments?
Do you want to file bankruptcy for as little as $400?
Attorney's fees may be financed through your payment plan! We will file a Chapter 13 bankruptcy for as little as $400 deposit.
If you are facing a foreclosure or repossession and cannot afford to catch up all of the payments for a home or vehicle before the foreclosure/repossession date, a Chapter 13 Bankruptcy can force the lender to work with you to pay off those past-due payments over a period of 3-5 years.
What to expect in a Chapter 13 proceeding
How long does it take?
In a Chapter 13 case, you will be required to make a monthly payment to the U.S. Trustee over a period of either three or five years. As long as you make all of your payments on time, your final discharge should occur after you make that final payment. Your attorney's fees for filing the Chapter 13 Bankruptcy can be paid through such payment plan.
Therefore, filing for Chapter 13 Bankruptcy can be a cheaper alternative than filing Chapter 7.
How much will your monthly Plan Payment be?
Calculating the amount of the payment and how it is to be distributed through the plan is often a complex task and I would need to do the analysis using your figures in order to give you an estimate. Generally speaking, the actual payment amount usually ends up being the debtor's projected disposable income each month. Under the law, this amount must be enough to pay all priority debts (e.g., bankruptcy attorney's fees, domestic support arrearages, taxes etc.), administrative expenses (e.g., Trustee's fees), all mortgage arrearages, and a predetermined amount (which could be nothing) to all of the unsecured creditors.
General Information About Chapter 13 Bankruptcy - What is a Chapter 13 Bankruptcy?
Chapter 13 is a form of bankruptcy protection whereby a person reorganizes his or debt, by paying through a Chapter 13 Trustee all of his or her disposable income over a three to five year period of time. In many cases, creditors will receive far less than a 100% repayment on their debt. To qualify for Chapter 13 bankruptcy, you first must be an individual. Further, you must have monthly income which exceeds your monthly expenses in order to fund a plan.
The most common use of a Chapter 13 bankruptcy case is to repay mortgage arrears or attorney's fees over time. Chapter 13 will stop a foreclosure case and although a debtor to reorganize the arrearage, provided the foreclosure case has not yet proceeded to a sale, which typically occurs during the first week of every month.
As long as we file bankruptcy before the foreclosure date (first week of the month), we can save your home from foreclosure!
Another common use of Chapter 13 bankruptcy is to reorganize other secured debts such as vehicles. A financed vehicle can be reorganized through a Chapter 13 bankruptcy filing which could likely lower the monthly payment being paid by the debtor. In some cases, the vehicle finance company will receive less than what is owed on the contract. In any event, the debtor can continue to own and operate the vehicle provided that timely payments are made to the Chapter 13 trustee. Lastly, all other debt can be reorganized through the use of a Chapter 13 bankruptcy case. It will stop collection efforts, lawsuits, garnishments and foreclosures. It basically provides a means for a debtor to repay all or a portion of his debts over a three to five year period of time.
Chapter 11 is a section of the bankruptcy code that permits individuals and businesses to either liquidate or reorganize debt. Distinct from Chapter 7 and Chapter 13 bankruptcy cases, Chapter 11 typically involves greater sums of money regarding the assets and debts of the individual or business.
Chapter 11 is available for both individuals and businesses. As an individual debtor, you can reorganize the debts that are in your name in an effort to restructure your finances and protect your assets. If you file as a business, you can still reorganize the debt but you are limited to debts of the business.
The Law Office of Donald C. Nemec has zealously represented debtors in credit card suits since the inception of the law firm. We offer other debt settlement options when bankruptcy is not in the client's best interest. No matter your debt situation. our debt relief law firm can assist you and help you find the freedom you deserve!
The Law Office of Donald C. Nemec is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.