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Bankruptcy Explained: Personal Bankruptcy Can Stop the Repossession Action and In Some Cases Get Vehicles Returned.

Posted on Friday, March 20th, 2015 at 1:18 pm    

If you have fallen behind on your car payment and face the threat of repossession, or if your car has already been repossessed for non-payment, a personal bankruptcy filing can stop the repossession action and, in the right circumstances, allow you to recover your vehicle. You want an experienced attorney to handle these matters for you, one who has protected the rights of others in similar circumstances. Bankruptcy Lawyers offer extensive experience to people with concerns about the repossession of personal property.

Experienced  Attorneys Can Stop Repossessions

Whether you have just received notice that your property is subject to repossession or your vehicle has already been repossessed, a Northern Kentucky Bankruptcy Lawyer can help. If you still have possession of your property, theycan work directly with the lender to restructure or renegotiate the terms of your loan. However, in many circumstances, the most effective way to stop a repossession or regain your property is through a Chapter 7 or Chapter 13 bankruptcy filing.

Bankruptcy options include…

  • Chapter 7 – Depending upon your income, you may be eligible for total and permanent financial resolution absolving you from certain types of debt, and immediately stopping all contact from debt collectors, garnishment, vehicle repossession, medical debt relief, tax relief, and credit card relief.
  • Chapter 11 – For business owners only. Allows you to completely reorganize your business debts while keeping your business intact.
  • Chapter 13 – Allows you to reorganize your debts into monthly payments you can afford and still pay off the debt over a period of time established by the court. This can have long-term benefits demonstrating to your lenders your willingness to pay them.

Immediate Relief

If you a Bankruptcy Attorney before your property is taken, they can immediately file a bankruptcy petition, which will put an automatic stay in place, suspending all legal proceedings, including repossession actions. Even if your car or other property has been repossessed, they may still be able to get it back for you by filing for bankruptcy protection before the property is sold. The sheriff may have served you with an Order of Replevin or the tow truck may be there right now, but we can still help prevent repossession.

Regardless of where you are in the repossession process, time is always of the essence. Your best chance to stop a creditor from repossessing your property is to contact Lawrence & Associates right away. We are always prepared to take swift legal action in order to stop a repossession and protect our clients.


Bankruptcy Explained: Stopping Foreclosure Through Bankruptcy or Loan Modifications

Posted on Friday, March 13th, 2015 at 12:15 pm    

avoidingIf you are struggling financially and have not been able to keep up with your mortgage payments, a personal bankruptcy filing under Chapter 7 or Chapter 13 can suspend foreclosure actions and help you get a fresh financial start. There are also ways that you can avoid foreclosure without filing for bankruptcy. You want an experienced attorney to help you understand your options, so that you can make decisions that are in your best interests. Simply allowing your home to be foreclosed upon without understanding your options can lead to serious consequences that follow you for years.

Questions to consider if you have received a foreclosure notice…

  • Have the foreclosure papers been properly filed by the mortgage company?
  • Is the current mortgage company the original mortgage company? If not, do they have the legal right to pursue foreclosure?
  • Has the current mortgage company padded the fees they are charging you?

Stopping Foreclosure Through Bankruptcy

Often, the fastest and most effective way to suspend foreclosure actions and save your home is through a Chapter 13 bankruptcy filing. When you file for bankruptcy, an automatic stay goes into effect, prohibiting your creditors from calling, writing or pursuing any legal action (outside of the bankruptcy) to collect on debt. Mortgage debt can either be discharged in a bankruptcy, if the property is going to be surrendered, or the debt can survive bankruptcy if you are attempting to retain the property. Chapter 13 can provide you with a structured way to catch up the mortgage arrearage in an interest and penalty free environment. If you want to delay a foreclosure to allow you to find alternate living arrangements, a Chapter 7 bankruptcy may be your best option.

If you file Chapter 7 bankruptcy, your debt relief normally includes…

  • Credit card debt relief
  • Medical bill debt relief
  • Collection calls must stop
  • Your assets are normally left intact allowing you to repay the debt (i.e., home, vehicles), and possibly reduce your payments, and/or interest owed.

If you file Chapter 13 bankruptcy, your debt relief normally includes…

  • Reorganization of credit card debt to possibly reduce interest, and extend the time to repay
  • Collection calls must stop
  • Your assets are normally left intact allowing you reduce your monthly payments, and possibly reduce interest.
  • All debts are repaid and lenders value your desire to repay them.

Stopping Foreclosure Through Loan Modification

Another option that will allow you to keep your home is the modification of the terms of your mortgage. Loan modification is not a cure-all, however. Unfortunately, we know of too many stories of people who tried to handle a loan modification effort on their own, only to have foreclosure proceedings filed against them when they thought a modification was in the works. Regardless of your situation, if you think foreclosure proceedings are imminent, you need to contact us.

Regardless of where you are in the foreclosure process, time is always of the essence. Your best chance to stop a creditor from taking your home is to contact Lawrence & Associates right away. We are always prepared to take swift legal action in order to stop a foreclosure and protect our clients.

Our Bankruptcy Explained Series

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logoLawrence & Associates Provides You With Debt Relief Solutions Through Bankruptcy

At Lawrence & Associates, we help our clients understand how bankruptcy laws are made to protect them and will allow for a brighter financial future.

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Bankruptcy Explained: Protecting Your Paycheck From Creditors

Posted on Friday, March 6th, 2015 at 2:31 pm    

garnishmentIf you have received notice that a creditor is suing for the right to garnish your wages, or if they have already begun to deduct money from your paycheck, it is time to seriously consider your options in bankruptcy. Many people find themselves facing wage garnishment when they were already having trouble paying all their monthly bills. So, when one of your creditors begins to take money straight from your paycheck, you may find yourself in worse financial distress than before.

Protecting Your Paycheck From Creditors

A Northern Kentucky Bankruptcy Attorney helps its clients obtain debt relief through Chapter 7 and Chapter 13 bankruptcy. As part of this process, an attorney can help you deal with threatened or realized wage garnishment issues. When you work with a good Bankruptcy Lawyer, they will quickly assess your financial circumstances and decide which type of bankruptcy will be best for you and your family. Once they file a Chapter 7 or Chapter 13, the wage garnishment will stop immediately.

Experienced Bankruptcy Lawyers Can Stop Wage Garnishment

Good bankruptcy attorneys can stop creditors from garnishing your wages. They will work to build a strong and successful case for you against creditors that are or are wanting to garnish your wages.

Did You Know?

  • Once a creditor has secured a ruling to garnish your wages, they can often take up to 25 percent of your income per month, until the debt is repaid in full.
  • Even if a creditor has already begun to garnish your wages, there may be legal remedies to reclaim the money — but it is nearly impossible to achieve without a qualified lawyer on your side.

Regardless of where you are in the garnishment process, time is always of the essence. Your best chance to stop a creditor from taking your income is to contact Lawrence & Associates right away. We are always prepared to take swift legal action in order to stop a garnishment and protect our clients.


Bankruptcy Explained: Can Debt Consolidation Protect Me from Creditors?

Posted on Thursday, February 26th, 2015 at 4:12 pm    

Debt Consolidation Northern Kentucky

A consolidation or “workout” is an attempt to modify one or multiple debts without the need for bankruptcy, usually through a debt consolidation agency. The main issue with a workout is that most debt consolidation companies don’t provide local creditors with a contract that enforces the agreement.

Without a Contract Your Workout Can’t Be Enforced 

In Northern Kentucky, a debt consolidation agreement is subject to contract laws, and without a valid contract between you and your creditors the workout can’t be enforced in a Northern Kentucky County court. This means that, if a creditor such as a credit card (like Capital One), or a medical provider (like St. Elizabeth Medical Center) decides not to be bound by the terms of the workout, they can still sue you in the county in which you live. This is the central reason that debt consolidation agreements often do not work for Northern Kentucky residents. Creditors that do not participate in the debt consolidation plan are entitled to file a lawsuit, which sometimes makes the entire exercise pointless. Only filing bankruptcy provides Northern Kentucky debtors with the muscle they need to force creditors to obey the rules.

Debt Consolidation vs Chapter 13 Bankruptcy

There are many reasons why Northern Kentucky residents try to avoid bankruptcy by contacting a debt consolidation company. Many debtors believe bankruptcy is a bad thing, and try to avoid it by seeking a new repayment agreement with creditors. What those debtors don’t realize is that a Chapter 13 bankruptcy provides the same relief but also forces the creditors to abide by the new repayment plan. The downside of the debt consolidation agreement is that it will not freeze interest accumulation on unsecured debts, while a Chapter 13 bankruptcy will. Further, if the debt consolidation agreement fails, Northern Kentucky debtors will enter bankruptcy anyway, but with the added complication of having less money than they would have had if they had filed the Chapter 13 bankruptcy in the first place.

Lawrence & Associates is experienced in debtor-creditor law and we can advise Northern Kentucky debtors on whether a non-bankruptcy workout will provide immediate debt relief.

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