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Bankruptcy Explained: What Actions Can a Creditor Legally Take to Collect A Debt?

Posted on Friday, February 13th, 2015 at 4:24 pm    

creditor harassmentA good bankruptcy attorney can protect you from abusive and threatening creditors. Creditors are notorious for using threats, intimidation tactics and false information in order to scare debtors into making payments. The truth is, regardless of your ability to pay, or what a creditor may claim, there are certain actions they cannot legally take. When you know the facts, you are in a better position to make decisions about your financial future and stop the abuse. According to the Fair Debt Collection Practices Act, creditors are prohibited from “abusive, deceptive and unfair debt collection practices.” If a creditor continues to violate these laws and harass you and your family, you may be able to bring a claim against them and sue for financial damages.

Find an Experienced Creditor Harassment Attorney

Find an experienced Northern Kentucky Bankruptcy Lawyer who has handled creditor harassment cases in the past. A good bankruptcy attorney will work to build a strong and successful case for you against creditors that are harassing you.

The truth about debt collection attempts is that…

  • Creditors CANNOT call you at work once you have asked them to stop
  • Creditors CANNOT call you excessively or at unreasonable times
  • Creditors CANNOT call your family members and reveal the alleged debt
  • Creditors CANNOT intimidate you by providing false and misleading information
  • Creditors CANNOT have you arrested
  • Creditors CANNOT use vulgar or abusive language
  • Creditors CAN file a lawsuit to have a lien placed on your home
  • Creditors CAN seek to repossess your automobile
  • Creditors CAN attempt to garnish your wages
  • Creditors are legally obligated to cease all contact and collection attempts once you have filed for bankruptcy. If they do not, you have the right to sue them.

Contact Us (859.371.5997) for a Free Consultation


Bankruptcy Explained: What Type of Bankruptcy Should I File?

Posted on Friday, February 6th, 2015 at 9:04 am    

types of bankruptcyAdvice from an attorney is your best bet when deciding if you should file a Chapter 7 or Chapter 13 bankruptcy.  Are you facing foreclosure from a bank like Wells Fargo, being sued for medical bills by a hospital like St. Elizabeth, or confronting a mountain of Capital One credit card debt? Filing a Chapter 7 or Chapter 13 bankruptcy will 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. Choosing the right kind of bankruptcy can mean the difference between keeping your house, keeping your car, keeping your money, or losing it all. Some of the things a Northern Kentucky Bankruptcy attorney will need to know is a client’s past income and current assets. Knowing the asset exemptions and median income levels of the client will help to make the decision easier.

Chapter 7 Bankruptcy

A bankruptcy lawyer’s first step will be to determine whether you are eligible for protection under Chapter 7. The 2005 revisions to the bankruptcy laws require that, to qualify to discharge debts under Chapter 7, you must submit to a “means test,” demonstrating to the court that you lack the means to repay your creditors in a Chapter 13 proceeding. We will conduct a means test and, if you qualify, we will prepare and file all documents required to complete the Chapter 7 process. We will carefully explain which debts can be eliminated, as well as which assets you can protect, so that you get the benefit you deserve.

In General, You Cannot File a Chapter 7 Bankruptcy If You…

  • have filed a bankruptcy in the last eight years
  • have assets with significant value that you don’t want to lose
  • have income over median for your household size in the Commonwealth of Kentucky.

Make Sure to Assess The Value of Your Property Correctly

Figuring out how to correctly assess the value of your property, or the correct number for median income, can be a daunting task, and the consequences of making a mistake are very drastic. A Northern Kentucky Bankruptcy lawyer will make sure your bankruptcy is filed correctly so that you get the maximum benefit from your decision to file.

You Get Immediate Relief  After You File a Chapter 7 Bankruptcy

Once you file for protection, an automatic stay goes into effect, preventing your creditors from calling, writing or taking any other legal action to collect the debt. A Chapter 7 bankruptcy petition can also stop foreclosure proceedings, wage garnishments and repossession actions. With the help of a lawyer, in Kentucky, a Chapter 7 bankruptcy proceeding can generally be completed in 3 to 5 months.

Chapter 13 Bankruptcy

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.

You Get Immediate Relief  After You File a Chapter 13 Bankruptcy

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.

Contact Us (859.371.5997) for a Free Consultation


Bankruptcy Explained: There Are Legal Solutions That Provide Debt Relief to Those Who Need It

Posted on Thursday, January 29th, 2015 at 2:37 pm    

fresh start 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 a Northern Kentucky bankruptcy lawyer. A bankruptcy attorney will help you file Chapter 7 bankruptcy or Chapter 13 bankruptcy. Good Fort Mitchell, Kentucky bankruptcy lawyers will take the time to fully explain your legal options and the bankruptcy process in an understandable way — not with complex legal jargon. Good bankruptcy attorneys will also provide advice on how to stop creditor harassment, garnishment, foreclosure and repossessions.

Contact Us (859.371.5997) for a Free Consultation


Lawrence & Associates Help a Husband and Wife in Northern Kentucky Get Released of Their Credit Card Debt

Posted on Friday, October 10th, 2014 at 1:53 pm    

credit card debtThere 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 or been saddled with overwhelming medical bills. 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. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our clients, a husband and wife, were getting sued by credit card companies. They had been making payments, but the interest rate were so high that their payments only went to the monthly interest on their cards. They were afraid to file bankruptcy because they were afraid they’d lose their house and their car.

What We Did

Lawrence & Associates helped them file a Chapter 7 bankruptcy and made sure they didn’t lose any property. The credit card debt – which would have already been paid back if it would have had normal interest rates – was wiped clean.

The Result

Our clients received a fresh start and then began living their lives without the constant fear of a lawsuit hanging over their heads.

If you are going through tough financial stress, call Lawrence & Associates’ Fort Mitchell, KY office to schedule a free, confidential consultation with one of our highly experienced bankruptcy attorneys.

Contact Us (859.371.5997) for a Free Consultation


Lawrence & Associates Help a Husband and Wife in Northern Kentucky Avoid Foreclosure on Their Home

Posted on Thursday, September 11th, 2014 at 4:02 pm    

foreclosure noticeThere 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 or been saddled with overwhelming medical bills. 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. We want to share a recent Bankruptcy case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our clients, a husband and wife, 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.

What We Did

Lawrence & Associates helped our clients 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.

The Result

Our clients kept their home and are still living there to this day!

Contact Us (859.371.5997) for a Free Consultation


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.

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