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Serving the Western District of Kentucky
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Chapter 7 is designed for individuals who are having financial difficulties and are not able to repay their debts. The filing of a Chapter 7 bankruptcy immediately stops all garnishments, harassing telephone calls, and written telephone correspondence from bill collectors.
Under a Chapter 7 bankruptcy, you may retain certain exempt property and either surrender or continue to pay for property that is secured by such items as your car or house. Your attorney will help you in making these decisions and explaining to you all that is involved.
The purpose of filing a Chapter 7 is to obtain a discharge of your existing debts. This includes most judgments in state court, credit card debt, medical debt, signature loans, payday loans, and debts for repossessed vehicles. You may still be responsible for some debts such as taxes, student loans, child support, and alimony.
Again, the purpose of filing a Chapter 7 bankruptcy is to receive a fresh start.
When you call to make your initial appointment, we will ask you to bring with you all of your bills including car statements, mortgage statements, tax bills from IRS, student loan statements, and any other bill or demand for money that you may be receiving. We will also ask you to bring your last two pay stubs from work or proof of your other income such as social security or military retirement. Finally, we will ask you to bring with you any foreclosures, garnishments, or other state court actions that have been taken against you either currently or in the past.
Use any of your money to pay relatives, friends, or other "insiders" back for loans that you owe them for.
Accept any gift of property of significant value prior to your case being filed, without talking to your lawyer first.
Give away any of your belongings or make any other significant transactions.
Pay ahead or pay off balances on secured loans (loans for which there is collateral).
Use any credit cards or take any other loans out.
Pay any debts you will be eliminating in the bankruptcy.
You can get relief from your financial woes with the help of an experienced attorney.
If you have a mortgage or car payment and you intend to keep the house or car, you must remain current on the payment. Most other debts should not be paid right before a bankruptcy or Chapter 13. Ask my office about any special situations.
Please alert my office if you are not current on a loan with collateral at the time that we are preparing your case for filing.
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If you have any questions regarding these matters or are considering violating any of the recommendations, please discuss the matter with my office so that we may properly advise you of the possible consequences.
The following is a list of things you should be doing and not doing while we prepare to get your case filed, or while you are actively considering a bankruptcy or Chapter 13 filing. Please read the lists very carefully and abide by the recommendations made. Failure to follow these instructions may result in delay, significant expense, or loss of property in your case. It may, in some cases, even result in bankruptcy relief being denied by the court.
Save all financial documents including
W-2s or other evidence of income
Most recent billing statement from each creditor
Materials on this website are for informational purposes only. These materials do not constitute legal advice, should not be considered as legal authority, and do not create an attorney-client relationship. You should not act or rely upon these materials without seeking professional counsel. Sending e-mail also does not establish an attorney-client relationship. An attorney-client relationship can only be established by mutual written consent with an attorney. Unless and until an attorney-client relationship is established, e-mail and other communications sent may not be privileged.