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Spotlight on Casey Robinson: Associate Lawyer at Lawrence and Associates Focusing on Bankrputcy

Posted on Thursday, June 5th, 2014 at 3:19 am    

Focused on Bankruptcy Cases 

I was sworn in as an attorney in Kentucky in October 2013 and started working at Lawrence & Associates in January 2014.  I was admitted to practice in the U.S. District Court in the Eastern District of Kentucky in March 2014. I work primarily on bankruptcy cases, but I also work with personal injury claims. In bankruptcy, I represent debtors in Chapter 7 and Chapter 13 cases.  I represent clients with personal injury claims from automobile accidents and slip and fall accidents. I chose to focus on bankruptcy because I really enjoyed learning how the entire bankruptcy process works during my course work in college.  Bankruptcy is very different and it is, for the most part, not adversarial.  I enjoy how cooperative the entire process is because it feels like everyone is working toward a similar goal in the end.

Devoted to Helping Clients Get a Fresh Start Through Personal Attention

At the end of every bankruptcy case, whether it is Chapter 7 or Chapter 13, I really feel like I am helping someone restart his/her life.  It is a good feeling knowing that I helped them and that they can begin the process of rebuilding their lives because of our work for them. I am from a small town in Eastern Kentucky, which is one of the poorest regions in the country. I understand the issues that many struggling families go through to make a living and I know how hard it is to recover from serious financial setbacks.

My favorite part of working in the practice is meeting new people on a regular basis.  I enjoy hearing the stories our clients have to tell us, and I think the best part is seeing the relief the clients feel at the end of our bankruptcy cases. I’m devoted to ensuring the best outcomes for my clients. Lawrence & Associates is not a factory.  We work closely with our clients from the beginning to the end of every claim and case. I get involved from the very first meeting with every potential client.  I strive to ensure that I do my best work for each and every client and that all of our clients are satisfied with my work.

Working to Eliminate the Stigma of Bankruptcy

One of the biggest challenges we face is giving potential clients the reassurance that filing bankruptcy is not a bad thing.  People have a constitutional right to seek relief in bankruptcy, which is why it is often referred to as a “fresh start.”  There is a horrible stigma that comes along with filing bankruptcy that should not be there.

First Generation College Grad

My biggest success has been graduating and becoming an attorney.  I am a first generation college graduate in my family, and I am the first to complete graduate school.  Becoming an attorney has been my dream for so long, and I am so glad to have achieved that.  My true success, however, will be helping as many people as I can as an attorney.

Other Legal Experience

I have previously worked in a number of different areas of the law, including insurance defense, domestic relations, criminal law, personal injury, Social Security, estate planning, and mining regulations.  I feel that my experience in the other areas helps me work through all of the various issues that are brought into bankruptcy cases.

Giving Back to the Community 

I work with the Kentucky Bar Association Young Lawyer Division (YLD) and the Northern Kentucky Bar Association Young Lawyer Section.  I am a volunteer with the CARE Program (Credit Abuse Resistance Education), which puts attorneys in high school classrooms to teach teenagers credit responsibility.  I am also a volunteer in the YLD’s U@18 Program, which educates 17 and 18 year old high school students regarding their basic rights and responsibilities as renters, consumers, property owners, voters, spouses, and employees.

I also recently helped to get the Cincinnati Alumni Chapter of Phi Alpha Delta, Law Fraternity International, reactivated.  The Chapter will participate in a number of philanthropy and professional events over the course of a year, and it allows us to work with undergraduate and law school students in their chapters.  We are able to connect to Chapters across the world.

Best Advice

The best advice I ever received came from my mother.  She always told me that you won’t know an answer if you don’t ask the question and that you’ll never get help if you don’t ask. I make it a habit now of never hesitating to ask a question and to keep asking questions until I get enough information.  I always advise people that it is okay to ask for help because everyone needs help at some point.  We are here to help, and all you have to do is ask.

About Our Bankruptcy Practice

bankruptcyThere are many reasons that individuals and families find they can no longer afford to pay monthly bills. Some may have recently gone through a divorce. Others have been injured at work or in an accident and are unable to earn an income. Many are facing increased interest rates on mortgages or credit cards and cannot keep up. There are also people who simply let spending get out of control and cannot find a way out. Have you received notice that your wages will be garnished due to delinquent payments on your financial obligations? Has the bank started foreclosure proceedings on your home? Is your car about to be repossessed? Or have you realized that try as you may, there is just no way for you to stay current on all of your bills? Regardless of the financial problems you are facing, it is important to realize that there are legal solutions to help you obtain debt relief.

Immediate Relief For Pressing Financial Problems

Above all, do not ignore your financial problems or lawsuits that creditors bring against you. These issues will not disappear. Your best option is to contact a bankruptcy attorney at the first sign of financial distress. Even if you are facing immediate foreclosure, repossession or wage garnishment, Lawrence & Associates can provide swift legal action to help protect you. Your start to a fresh financial future begins when you contact the bankruptcy law firm of Lawrence & Associates. Our firm helps clients file Chapter 7 bankruptcy and Chapter 13 bankruptcy. When you work with our firm, we will take the time to fully explain your legal options and the bankruptcy process in an understandable way — not with complex legal jargon. We can also provide advice on how to stop creditor harassment, garnishment, foreclosure and repossessions.


You Have the Right to Wipe Your St. Elizabeth Bills Clean Through Chapter 7 Bankruptcy

Posted on Tuesday, May 20th, 2014 at 5:00 pm    

chapter 7 bankruptcySt. Elizabeth Medical Center is the largest medical provider in Northern Kentucky, serving thousands of patients daily. In addition to its five area hospitals in Boone, Kenton, Campbell and Grant counties, St. Elizabeth also owns multiple medical practices in areas ranging from physical therapy to business health and women’s health. While St. Elizabeth can be a great force for good for the Northern Kentucky community, they are also known as an aggressive bill collector that will file lawsuits against its patients for collection of bills, or send bills to collection agencies. Even if you are insured, St. Elizabeth can file a lawsuit for the portion of your treatment bill that is not covered by insurance.

You Have the Right To Reduce or Eliminate Medical Bills

If this happens to you, as a Kentucky citizen you have rights to help reduce or even eliminate the medical bill in its entirety. This is especially important for medical costs, because unlike many other types of debt a medical bill can cost enormous amounts of money and can be totally unexpected for even the most diligent and reasonable person. I speak from experience – my son had complications at birth that caused medical bills of nearly a million dollars. We were fortunate that her employer had insurance to cover the vast majority of these bills, but many people are not that fortunate.

You Could Try to Negotiate Lower Payments

If St. Elizabeth (or any other medical provider) has sent your bill to collections or is suing you for full payment of the bill, don’t despair. You need to take action (and quickly!), but you do have options. First, be aware that you can often negotiate your medical bill down to a fraction of the total bill. This is because Northern Kentucky medical providers often bill from a “chargemaster”, which sets an arbitrary price for services the hospital provides. All health insurance companies, as well as Medicare and Medicaid, negotiate reduced rates from the chargemaster. For this reason, most medical providers don’t actually expect to receive the full amount of the bill they have given you, although it is quite rare for any Northern Kentucky medical provider to negotiate below the amount they have agreed to pay a health insurance company for any given treatment.  If you want professional help negotiating down your medical bills, there is a cottage industry of people that are familiar with Medicare guidelines that can try to pressure health care providers into reducing their bills to a more reasonable amount. You can also try a debt consolidation company, and there are several that service the Northern Kentucky area or operate nationwide.

The Problem with Negotiators and Debt Consolidators

The central problem with both a private negotiator and a debt consolidation company, however, is that they have no power to force the medical provider to do anything.  They are only asking permission.  If an aggressive medical provider, such as St. Elizabeth, refuses to negotiate, you will have paid money to the negotiator or debt consolidation company for no result.  Often, a medical provider that will not negotiate will decide to sue instead.  Courts in Boone County, Kenton County, Grant County, Gallatin County and Campbell County routinely see such lawsuits and rarely – if ever – side with the patient.  They are courts of law, not courts of fairness, and the law is on St. Elizabeth’s side.

Wiping Debts Clean with Chapter 7 Bunkruptcy

This is where a Chapter 7 bankruptcy can be very important. In a Chapter 7 bankruptcy, your medical debts will be wiped out completely. You can also choose a Chapter 13 bankruptcy, in which you would pay back a reasonable portion of the medical debt before having the remainder of the debt wiped out. The attorneys at Lawrence & Associates are skilled bankruptcy practitioners, and we have helped hundreds of people discharge medical debts and receive a fresh start on life.  At our Fort Mitchell, Kentucky offices, Lawrence & Associates can counsel you on how to file bankruptcy, discharge the greatest amount of debt possible, keep all of your assets through the bankruptcy, and get control of your financial situation.

It is key to understand your rights when deciding to file for bankruptcy. If you are considering filing a bankruptcy, contact the experienced attorneys at Lawrence & Associates. We can help!

Contact Us (859.371.5997) for a Free Consultation


Ways to Improve Your Credit Score After Bankruptcy

Posted on Friday, May 2nd, 2014 at 2:24 pm    

Declaring bankruptcy is a decision that affects not only your finances but also may affect your credit score. In fact, one of the biggest concerns that people have when considering bankruptcy is how it will affect their credit score. While filing bankruptcy may decrease your credit score short term, it may not affect your credit score as much as you may believe. If you are considering filing for bankruptcy, it is likely that your credit is already low because of maxed out credit cards, late payments and mounting debt.

Credit Scores and Bankruptcy

Your credit score may also be affected by multiple factors including your payment history, outstanding debts, how long you have been using credit and by the types of credit that you use. It is important that you understand what happens when you file a bankruptcy. A bankruptcy can remain on your credit report for up to 10 years, and there is a good chance your FICO score will be low until you have started rebuilding your credit.

Ways to Improve Your Credit Score After Financial Hardship…

  1. Review your credit report – The first thing you should do is obtain a copy of your credit reports and make sure there are no errors or inconsistencies.
  2. Pay bills on time – Your payment history makes up 35% of your credit score. One of the easiest ways to improve your score is to make sure you pay bills on time.
  3. Apply for credit, but make sure you pay the bill off in full each month – You don’t have to carry balances on your credit cards in order to build good credit.
  4. Beware of credit repair services – You may receive offers from credit repair services promising to help repair your credit. Beware that the fees are high and it’s best to rebuild your credit on your own at no cost.
  5. Know your limits on your credit cards – Once you begin re-establishing credit, it is crucial to know the limits on your credit cards and to keep your balances well below them. Use your cards sparingly and continue paying the bill on time.
  6. Do not close accounts – It’s best to keep the credit lines open, however, if you’re tempted to spend over the credit limit, cut up the cards.

The most important lesson to learn is to be patient. The road to bankruptcy did not happen overnight and neither will the road to improving your credit. By following the guidelines above, you can move toward a better financial future and improved credit score.

If you are a Kentucky resident that is interested in filing bankruptcy, call Lawrence & Associates today. We can help!

Contact Us (859.371.5997) for a Free Consultation


Eligible for Chapter 7 Bankruptcy in 2014? You Should Get Started Early Due To New Increased Paperwork Requirements

Posted on Friday, April 18th, 2014 at 4:12 pm    

bankruptcy papersMany people filed for Chapter 7 bankruptcy in October of 2005. It was important to file before the new bankruptcy regulations went into effect later that month. The new bankruptcy regulations were much stricter and would require many Chapter 7 filers to file a Chapter 13 if they waited until November 2005. The rush of Chapter 7 filings in October 2005 helped save many people from ruthless creditors who were trying to take their property or garnish their paychecks.

Chapter 7 Bankruptcy Can Only Be Filed Every 8 Years

The unfortunate side effect was that all those bankruptcy filers from 2005 were prevented from filing bankruptcy between October 2005 and 2013. The bankruptcy code only permits a Chapter 7 to be filed every eight years. The eight years is measured from the date of the first bankruptcy filing to the date of the second bankruptcy filing. If no discharge is received during the first bankruptcy, then the eight year limitation does not apply. However, most Chapter 7s result in a discharge. Although you can file a Chapter 13 within eight years of receiving a discharge from a prior bankruptcy, there are certain limitations that apply to Chapter 13s as well.

Have You Been Waiting to File For Chapter 7 Bankruptcy?

There are many people in Northern Kentucky that filed bankruptcy eight years ago and have found themselves in the same unfortunate situation now that they were in then. Many have gone through divorce or have had unexpected medical problems. Others still struggle with student loans that they were unable to discharge in the first bankruptcy, and these payments have led to more credit problems. Others were caught in the financial crisis and lost their homes to foreclosure. Whatever the reason, there are many people who have been waiting to file a Chapter 7 and that time is now upon them.

The Latest Generation of Bankruptcy Laws Requires a Great Deal of Paperwork

The most important thing for a Northern Kentucky bankruptcy filer to realize is that the new bankruptcy laws require a great deal of paperwork. If you intend to file bankruptcy in or near the date you are eligible in 2014, you should get started early. The requirements are very different now than they were eight years ago. A Northern Kentucky person filing for Chapter 7 bankruptcy today has to do many different things that were not required in 2005. If you don’t consult with an attorney now, you will probably not be ready to file in October.

If you or someone you know may need to file bankruptcy, contact a Northern Kentucky Bankruptcy Lawyer today. Lawrence & Associates can help! We serve all of Northern Kentucky including Boone, Kenton, Campbell, Gallatin and Grant counties! 

Contact Us (859.371.5997) for a Free Consultation


BANKRUPTCY CASE STUDY: Couple Gets To Keep Their Home After Both Being Laid Off By Using a Chapter 13 Bankruptcy

Posted on Thursday, April 10th, 2014 at 3:03 pm    

safe homeClient(s) Challenge – Our clients L.S. and P.S., a husband and wife living in Northern Kentucky, got a foreclosure notice in the mail. They had worked really hard to get their house and even harder to get the mortgage modified after they both got laid off a few years ago. Now it looked like all those efforts were for nothing, because the bank was coming to take the house away.

Lawrence and Associates’ Solution – Lawrence and Associates helped L.S. and P.S. file a Chapter 13 bankruptcy, with a five year repayment plan to get their mortgage caught up. Their monthly payment was something they could afford to pay, and the bank was not allowed to foreclose on their house.

Results – L.S. and P.S. kept their home and are still living there to this day.

About Chapter 13 Bankruptcy

If you are a Kentucky resident struggling to pay your debts, you need to take action. A Chapter 7 or Chapter 13 bankruptcy filing can put a stop to foreclosure or repossession actions, as well as wage garnishments, so that you can get a fresh financial start. It will also end the harassing phone calls and letters. You must comply with the terms of any repayment agreement or you will lose these protections, so it is important to have strong legal guidance before agreeing to anything. You want an experienced bankruptcy to protect your interests. At Lawrence & Associates, we provide comprehensive counsel in Chapter 13 bankruptcy matters to people throughout Northern Kentucky. We will take the time to listen carefully to your questions and concerns, and explain the law and the process, as well as your options. We will help you identify your needs and goals, so that we can tailor our counsel to your specific situation.

Experienced Chapter 13 Bankruptcy Attorneys

If you don’t qualify to permanently discharge debt under Chapter 7 or prefer to set up a new payment plan with your creditors, we will help you reorganize your debt in a Chapter 13 bankruptcy filing. We will prepare and file all the necessary paperwork to complete the process and will represent you in hearings or meetings with creditors, the bankruptcy trustee or the bankruptcy court. We will help you put together a reorganization plan and will review all proposed repayment plans to ensure they are appropriate.

Immediate Relief

When you file for protection under Chapter 13, an automatic stay goes into effect, which prevents your creditors from calling, writing or using any other means to collect the debt, other than through the bankruptcy proceeding. The automatic stay will suspend foreclosure or repossession actions, as well as wage garnishments, giving you time to get back on your feet financially. In many instances, you will be able to reduce the amount you have to pay, sometimes to as little as a penny on the dollar, by entering into agreements with your creditors. A Chapter 13 bankruptcy can be ideal for someone with large medical bills or credit card debt, allowing you the opportunity to keep most or all of your assets and enter into payment arrangements that are workable.


Northern Kentucky Residents Have a Right to Haggle Over Their Debt

Posted on Friday, April 4th, 2014 at 3:09 pm    

lender callsThere is a pervasive myth in American society that attempting to negotiate down the amount of one’s debt is a bad thing. This myth is designed to keep you poor, and beholden to the interests of the banks, credit card companies, and other lenders that you’ve met during your quest to live a happy, normal life. The truth is that you have every right to negotiate down your debts, and that the lender or collection agency will usually work with you if you stand your ground and dangle a carrot in front of them. Don’t forget that the fees, fines, interest rates, and negative remarks on your credit report are not unchangeable, universal laws physics that cannot be altered. They aren’t laws at all, actually; rather, they are only policies, arbitrarily set by the lender (and often arbitrarily changed by them, too). Policies that are set arbitrarily and changed arbitrarily can be negotiated. Also, don’t forget that the lender you are using is a business, and it is in competition with every other lending business out there. If the lender is faced with a choice of waiving a few late fees or watching you walk to their competitor and pay them exorbitant interest rates for a while, then it’s no choice at all. The lender would much rather work with you than watch you walk to a competing Northern Kentucky business.

Bankruptcy is a Creditor’s Trump Card and a Fresh Start

In a bankruptcy, you have the ability to force the lender to take nothing (or much less than 100%) in return for their loan. Obviously, this is the worst possible outcome for the lender, and you have a Constitutional right to spring it on them at any time. The lenders know this, and this is a principal reason that they continue to perpetrate the myth that rearranging your debt is a sin; absent any legal way to prevent you from using your trump card, they try to convince you that the trump card is evil. Calling bankruptcy a trump card, by the way, is poetry because Donald Trump has filed for bankruptcy on multiple occasions. The belief in this myth is a major way that the thinking of wealthy people and business owners differs from the thinking of the poor and middle classes. Wealthy people and business owners don’t feel bad about filing bankruptcy or re-negotiating debt; it’s just another business decision. That decision should have no different connotations for you.

You Have Rights When Dealing With Lenders

When dealing with a Northern Kentucky lender, remember to be firm and remember that you have rights. The person you are talking to almost certainly has some ability to help you. If not, his or her supervisor does. However, you’ll catch more flies with honey than vinegar. That means you must be polite and calm. Calling them in a temper tantrum won’t solve anything. They don’t have to help you, any more than you have to work that extra shift to pay their bill. If you have a lender that is abusive – including calling you at odd hours, calling friends and family about your debt, calling you at work, or telling you they’ll have you arrested – ask for the person’s name, employee number, direct line, or any other identifying information you can think of. Tell them you are gathering this information in order to file a Fair Debt Collections Practices Act (FDCPA) violation complaint. If that doesn’t change their tone, get a lawyer to deal with them for you. And if the lender really won’t budge, or if you have so many lenders that you can’t pay the bills even if they do try to help you out, then get ready to file a bankruptcy. Bankruptcy wipes the slate clean and gives you a fresh start.

Lawrence & Associates are Northern Kentucky lawyers who fight for the rights of debtors just like you, every day. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation


Legal Update: 6th Circuit Court of Appeals Says Debtors in Chapter 13 Bankruptcies Can’t Contribute to 401K or Retirement Plans

Posted on Wednesday, March 26th, 2014 at 3:41 pm    

legal updateThe 6th Cir. Court of Appeals, which covers Kentucky, Ohio, Tennessee, and Michigan, says debtors in Chapter 13 bankruptcies can’t contribute to 401k or retirement plans while they are in bankruptcy.

This Decisions Limits an Individual’s “Fresh Start” Through Bankruptcy 

If you are a debtor in a Chapter 13 bankruptcy, this decision is bad for you because it causes you to have a higher payment to the trustee. It also takes away your ability to save for retirement. The whole point of bankruptcy is to get a “fresh start”, and part of getting a fresh start is having the ability to save for retirement.

This Decision Will Effect All Taxpayers Eventually

If you are a taxpayer, this is also a really bad decision. People that haven’t adequately saved for retirement are more likely to take advantage of Medicare, Medicaid, and Social Security for longer periods of time (i.e. before age 67). An increase in the need for these programs will worsen the country’s debt problem and may increase taxes down the line.

What Should Be Done…

We all know that most people don’t save for retirement adequately. The bankruptcy system should force debtors to put money toward their retirement, not prohibit them.  Instead of maximizing the amount of money creditors can get, maximize the benefit to all taxpayers in general. Most creditors are multi-billion dollar corporations, and many of them received bailouts during the great recession. There’s no reason the law should continue backstopping their bad lending decisions at the cost of regular people’s future.

It can be tough staying current on bankruptcy law and it is one of the many reasons that Northern Kentucky bankruptcy filers need the services of a skilled bankruptcy lawyer.

“We’ve Got You Covered.” If you live in the Northern Kentucky area, including Boone, Kenton, Campbell, Grant and Gallatin Counties, Lawrence & Associates can help you with your bankruptcy. Call us today for a free consultation!

Contact Us (859.371.5997) for a Free Consultation


Does Filing Bankruptcy Affect a Co-Signer’s Credit?

Posted on Thursday, March 20th, 2014 at 5:39 pm    

Many people who file bankruptcy in Northern Kentucky have co-signers on their debt. For some, the co-signer is part of the reason they are filing bankruptcy in the first place! I cannot count the number of parents I have met who have had to file bankruptcy because they were sued when a child defaulted on car payments. Similarly, I have helped quite a few people file bankruptcy because an ex-spouse defaulted on the mortgage that both spouses signed before the divorce.

Trying Not to Hurt a Family Member’s Credit

Sometimes the reverse of that situation is also true. I’ve seen quite a few people fall on hard times with their debts generally, but faithfully keep a particular debt paid because they know a family member co-signed on that debt. The last thing anyone wants is for a family member’s credit to be hurt, especially if that family member has nothing to do with the default on that debt. In this situation, the question I’m most commonly asked is, “If I file bankruptcy on this debt, will it hurt my co-signer’s credit?”

Bankruptcy is Tied to Specific Social Security Numbers

The answer is straightforward, but there are a few factors that need to be considered before you arrive at a plan to deal with the debt. In short, if you file bankruptcy, your social security number is the one the bankruptcy attaches to. A co-signer’s social security number will not be involved, and thus the bankruptcy does not go on their credit. At most, the co-signer’s credit report will receive a notation, on the particular debt in question, that a bankruptcy was filed on that debt. This should not affect the co-signer’s credit score.

Can Creditors Come After Co-Signers After Kentucky Bankruptcy Proceedings Are Started?

The bigger and more important issue is the matter of whether the creditor can sue or demand payment from the co-signer. If the co-signer has not filed a bankruptcy of his or her own, then the co-signer might be forced to pay the debt. This can be avoided if you continue to pay on the debt, and there are several ways that this can be accomplished, including by filing a reaffirmation or by paying the debt through a Chapter 13 payment plan.

Protecting co-signers during a bankruptcy is one of the many reasons that Northern Kentucky bankruptcy filers need the services of a skilled bankruptcy attorney.

If you or someone you know may need to file bankruptcy, contact a Northern Kentucky Bankruptcy Lawyer today. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation


What is a Chapter 13 Bankruptcy?

Posted on Thursday, March 13th, 2014 at 8:56 am    

Chapter 13 BankruptcyChapter 13 is a type of bankruptcy that allows consumers who are struggling with debt to seek relief through the court. Chapter 13 is commonly used by people who are facing home foreclosure, as it can stop that process in its tracks. A debtor must meet Chapter 13 requirements to file for bankruptcy under this chapter. Unlike a Chapter 7 bankruptcy, which allows the debtor to discharge some debts in exchange for the sale of nonexempt property to pay creditors, Chapter 13 allows the debtor to keep their property and repay creditors in a three or five year court-approved repayment plan.

If you’re struggling to pay your bills each month, filing for bankruptcy under Chapter 13 may allow to you get back on track by reorganizing your debts into one affordable monthly payment; however, there are certain requirements that must absolutely be met in order to file for a Chapter 13 bankruptcy. A Kenton County, Kentucky bankruptcy attorney can determine if you are eligible for a Chapter 13.

If you don’t qualify to permanently discharge debt under Chapter 7 or prefer to set up a new payment plan with your creditors, Lawrence & Associates will help you reorganize your debt in a Chapter 13 bankruptcy filing. We will prepare and file all the necessary paperwork to complete the process and will represent you in hearings or meetings with creditors, the bankruptcy trustee or the bankruptcy court. We will help you put together a reorganization plan and will review all proposed repayment plans to ensure they are appropriate.

If you or someone you know needs to file a Chapter 13 bankruptcy, contact a Northern Kentucky Bankruptcy Attorney today. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation

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What is an Automatic Stay and How Does It Affect Me?

Posted on Friday, March 7th, 2014 at 8:37 am    

timeoutWhen you file for Chapter 7 or Chapter 13 bankruptcy in Kentucky, the automatic stay immediately goes into effect. The automatic stay prohibits most creditors from continuing with collection activities, which can provide some relief to debtors.

Once the automatic stay goes into effect, it can protect a debtor from the following…

  • Utility Disconnections – If you’re behind on a utility bill and the company is threatening to disconnect your water, electric, gas, or telephone service, the automatic stay will prevent the disconnection for a period of time.
  • Foreclosure – If your home mortgage is being foreclosed on, the automatic stay temporarily stops the proceedings, but the creditor will often be able to proceed with the foreclosure eventually. If you are facing foreclosure, Chapter 13 bankruptcy is usually a better remedy than Chapter 7 bankruptcy, if you wish to keep your house. A Northern Kentucky bankruptcy attorney can help you determine this.
  • Eviction – If you are being evicted from your home, the automatic stay may provide some help; however, there may be a few wrinkles. If you are facing eviction, it is in your best interests to speak to an experienced bankruptcy attorney.
  • Collection of Overpayments of Public Benefits – If you receive public benefits and were overpaid, normally the agency is entitled to collect the overpayment out of your future checks. The automatic stay prevents this collection.
  • Multiple Wage Garnishments = Filing for bankruptcy stops garnishments dead in their tracks. Although no more than 25% of your wages may be taken to satisfy court judgments (up to 50% for child support and alimony), many people file for bankruptcy if more than one wage garnishment is threatened because garnishments can be detrimental to an employee’s paycheck.

Lawrence & Associates’ Bankruptcy attorneys are dedicated to helping Northern Kentucky families get the help they need. We serve all of Boone, Kenton, Campbell, Gallatin, Owen and Pendleton County, as well as other counties in the surrounding areas. Come see us at our Fort Mitchell, Kentucky office today.

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