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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

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