my bankruptcy lawyer chapter 13 pa law is not representing me what can i do

by Miss Rachel Wyman Sr. 8 min read

What are my bankruptcy attorney’s responsibilities?

Nov 28, 2013 · Chapter 13 bankruptcy may be best way to regain control of your life. ARM Lawyers can skillfully guide you through the process. Contact our law offices today to learn more about how we can help you get relief from debt. Call 570-257-4509 for your free bankruptcy consultation .We are a debt relief agency.

Can a lawyer represent you at a 341 meeting of creditors?

Chapter 13 Bankruptcy Lawyer in Pennsylvania Living with the debt and fear of getting your house foreclosed on or your car getting repossessed, is not easy. If you are worried about paying off your utility bills, unsecured debts and fearing that you might lose your car or house can be avoided with bankruptcy.

How do bankruptcy attorneys file bankruptcies?

May 30, 2018 · Chapter 13 bankruptcy is one of the most common types of personal bankruptcy – not only in Philadelphia, Bucks County, or Pennsylvania, but among millions of people throughout the United States. The term “Chapter 13” comes from the U.S. Bankruptcy Code, whose thirteenth chapter contains the laws that regulate this type of bankruptcy.

Is my bankruptcy case difficult?

This form of bankruptcy allows you to retain your property and pay back all or part of your debts over three to five years using your income if you meet certain eligibility requirements, so Chapter 13 is not for everyone. Why a Chapter 13 Bankruptcy Lawyer Is Important. Any form of bankruptcy is complex, and a Lancaster Chapter 13 bankruptcy lawyer can evaluate your …

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What are my rights in bankruptcy?

Bankruptcy does not change your rights as a secured creditor. You are still able to pursue the person for payment of the debt. You may repossess and sell the secured goods if the person is unable to maintain repayments.

How long does a Chapter 13 discharge take?

Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing.

What is the difference between Chapter 13 dismissal and discharge?

A discharge is a win! The bankruptcy discharge order wipes out your personal legal liability to pay a debt. A dismissal is usually a loss. It means the bankruptcy case was closed before a discharge was entered.

What is not dischargeable in Chapter 13?

In both Chapter 7 and Chapter 13 bankruptcies, child support and alimony you owe directly to an ex-spouse or child are nondischargeable. Your Chapter 13 repayment plan must provide for 100% repayment of these debts.

What happens after a Chapter 13 is paid off?

Once you finish your Chapter 13 repayment plan, the remaining 30 percent of your debt is discharged, meaning you won't have to repay that remaining debt. If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case.Jul 13, 2021

Does Chapter 13 trustee check your bank account?

Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.Jan 23, 2022

What does it mean if a Chapter 13 is discharged?

What Is a Chapter 13 Debt Discharge? A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. You don't have to pay back debts that have been discharged. Creditors are also prohibited from trying to collect debts after the case is finalized.Apr 7, 2021

Why do bankruptcies get dismissed?

Bankruptcy cases get dismissed for a variety of reasons ranging from intentional misconduct (such as fraud) to simply failing to file the correct forms with the court.

How long does a dismissed Chapter 13 stay on credit report?

10 yearsThe bankruptcy public record is deleted from the credit report either seven years or 10 years from the filing date of the bankruptcy, depending on the chapter you filed. Chapter 13 bankruptcy is deleted seven years from the filing date because it requires at least a partial repayment of the debts you owe.Jul 31, 2018

What types of debts are not dischargeable?

Non-Dischargeable Debt in BankruptcyDebts that you left off your bankruptcy petition, unless the creditor actually knew of your filing;Many types of taxes;Child support or alimony;Fines or penalties owed to government agencies;Student loans;Personal injury debts arising out of a drunk driving accident;More items...•Oct 18, 2021

What happens to your bank account when you file Chapter 13?

While non-exempt bank account funds are not turned over to the trustee under Chapter 13, the debtor must pay a sum equal to the funds over the exemption amount during the life of the plan. These payments will be distributed among the debtor's various creditors.

What can you not file bankruptcies on?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is one of the most common types of personal bankruptcy – not only in Philadelphia, Bucks County, or Pennsylvania, but among millions of people throughout the United States. The term “Chapter 13” comes from the U.S. Bankruptcy Code, whose thirteenth chapter contains the laws that regulate this type of bankruptcy.

Reasons to File Chapter 13 in Philadelphia

While Chapter 13 is not for everyone, certain debtors can benefit greatly from filing. Benefits of filing for Chapter 13 bankruptcy in Philadelphia or Bucks County include the following:

Chapter 13 Bankruptcy Attorneys Serving Philadelphia and Bucks County, PA

Living with debt can take a heavy psychological toll – but it doesn’t have to be that way. Say goodbye to the sleepless nights of worrying how you will feed your family, hold onto your business, or keep a roof over your head.

What is Chapter 13 bankruptcy?

A chapter 13 bankruptcy in Pittsburgh, Pa allows you to make up overdue payments over a period of time and to reinstate the original agreed upon contract. When a debtor has valuable nonexempt property and wants to try and keep it, a Pittsburgh, Pa chapter 13 bankruptcy may end up becoming a better option.

What are unsecured debts?

Unsecured obligations include things such as credit cards bills and medical expenses. Secured debts include things such as alimony and child support payments, mortgage, and taxes. Filing for bankruptcy under this protection is a complex process.

West Chester Bankruptcy Lawyer: How Can Bankruptcy Help Me?

Filing for bankruptcy can help you get out of debt. If you find yourself in debt because of a Coronavirus or Covid-19 stay at home order, too much credit card debt, bills, or the loss of a job, a bankruptcy petition can help you weather the storm.

West Chester Bankruptcy Attorney: What Should I Do First If I Want To File A Bankruptcy Petition?

You should first gather together all of your liabilities or debts together with all of your assets or belongings. Most bankruptcy attorneys can provide you with a bankruptcy questionnaire and a list of documents needed to complete your bankruptcy petition. Some of the documents you should gather include:

Why Would I File A Chapter 7 Bankruptcy in West Chester, PA?

If you only have consumer debt, you would generally file a Chapter 7 bankruptcy petition. Consumer debt, or unsecured debt, is, for example, credit card debt, personal loan debt, or past due utility bills.

When Would I File A Chapter 13 Bankruptcy in West Chester, PA?

If you have secured debt, such as a car that may be repossessed, or a home that is in foreclosure, and you have a regular source of income, you can file a Chapter 13 bankruptcy petition. This petition allows you to propose a plan to bring your car loan or home mortgage up to date.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

What is a retainer agreement?

In general, your retainer agreement (the contract you and your attorney sign) will outline the services your bankruptcy attorney will provide . Your attorney's job is also to provide you with competent advice throughout the bankruptcy process.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

Can My Employer Find Out if I Filed Bankruptcy in Pennsylvania?

Bankruptcy petitioners may be concerned with their filing. Many debtors fear their employers may find out about their bankruptcy. Furthermore, they fear there may be repercussions in their workplace because of their filing.

What Happens if My Employer Finds Out About My Bankruptcy?

This is a question that may pop up into the minds of many workers who are facing the possibility of bankruptcy. One of the primary concerns many workers may have when facing bankruptcy is what will happen to their job if their employer finds out about their Chapter 7 bankruptcy or Chapter 13 bankruptcy process.

Why Do I Need a Bankruptcy Attorney to Help Me File in Pennsylvania?

Bankruptcy is a complex, nuanced legal process filled with different rules, law sections, and convoluted language that can prove to be too much for inexperienced petitioners. Bankruptcy requires petitioners to make their case by providing all necessary documents and making sure they meet all the requirements set forth by bankruptcy law.

Pennsylvania Bankruptcy Attorneys Offering Free Consultations

If you or someone you know is looking to file bankruptcy in Pennsylvania, we can help. For many years, our Philadelphia bankruptcy lawyers at Young Marr & Associates have the skill, experience, and knowledge required to handle your case from start to finish.

The Basics of Bankruptcy Law

Bankruptcy proceedings are governed under federal law, Title 11 of the United States Code, and go through the federal court system. This ensures that the rules of bankruptcy are similar throughout the country. However, there are Pennsylvania laws, if they are elected, regarding the property you are allowed to keep during bankruptcy.

When to File for Bankruptcy in PA

Bankruptcy is a serious legal proceeding that should not be taken lightly. It is not a process for when you have a small amount of debt or are having trouble budgeting. You should consider filing for bankruptcy when your monthly expenses and debts are greater than your income.

Understanding Bankruptcy

The bankruptcy process can be overwhelming, which is why it’s important to understand the types of bankruptcy as you move forward.

Before You Can File: Credit Counseling

If you are interested in filing for Chapter 7 or 13 bankruptcy, talk with a bankruptcy attorney in Harrisburg, PA as soon as possible. Filing for bankruptcy in federal court is not a simple process. You must complete pre-filing credit counseling from a qualified non-profit credit counseling agency within 180 days of filing.

Prepare for the Consequences of Bankruptcy

Before you decide to file for Chapter 7 or 13 bankruptcy, talk with a Pennsylvania bankruptcy attorney about the potential consequences. No matter which type you choose, the major credit bureaus are informed. Your credit score will take a hit. With a very poor credit score, you may not gain approval for loans or credit cards.

Contact a Bankruptcy Lawyer for Answers to Your Questions

Whether you are just beginning to think of bankruptcy or you are confident it is the right move for you, we recommend talking with an experienced bankruptcy lawyer about your situation. You should be fully aware of your rights, options, and responsibilities before diving in.

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