Bankruptcy

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Bankruptcy

Although everyone desires to meet all of their financial obligations, you may find yourself in the midst of an economic hardship that leaves you with a vast amount of debt and an inability to pay it.  You may be receiving numerous calls from creditors asking for monies that you are cannot provide. You may feel overwhelmed by the unpaid bills that seem to have no end in sight. HAWM LAW is here to help you navigate through the monetary difficulty and find a way out. We will advise you of the consequences of filing bankruptcy, determine your eligibility, guide you through the filing process, and help you to put a stop to the creditor phone calls.

The two most common types of bankruptcy filings are under are Chapters 7 and 13 of the Bankruptcy Code. Should you choose to file under Chapter 7, “liquidation”, you are choosing to liquidate. Essentially, a trustee will sell all of your nonexempt assets and use the proceeds of the sale to pay your creditors. Your exempt assets, such as up to $1000.00 of equity in your car, up to $1000.00 in personal property, and all of the equity in your home will not be sold by the trustee to satisfy your debt. Your unsecured, including but not limited to medical bills and credit card debt, debt will be discharged, eliminating a large amount of your debt and allowing you to start over with a clean slate. If you choose to file under Chapter 13 of the Bankruptcy Code, it’s an adjustment of your debt. There are different eligibility requirements than Chapter 7, one of which is that you must have an income.  Under this chapter, your debts will be reorganized into a payment plan, usually lasting three to five years. Chapter 13 doesn’t require you to liquidate your assets and your debts are not discharged until you’ve successfully completed the plan.

Whether you file under Chapter 7 or Chapter 13, you’ll have to attend a “creditors’ meeting”. During this meeting, any of your creditors desire to speak will have the opportunity to do so. At HAWM LAW, we understand the uncertainty of life and the inability to predict drastic shifts in your economic position. When those shifts occur, allow us to guide you through the process and of repositioning yourself and your debt.

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