Providing Hope and Help Through Bankruptcy

An image depicting an individual drowning in debt and receiving a helping hand. Call OlsenDaines for bankruptcy assistance in the Portland area.

Struggling with debt can be an extremely overwhelming and disheartening time in one’s life. The constant stress of balancing bills, expenses, and daily needs can leave individuals and families feeling lost and hopeless. This is where bankruptcy can provide a fresh start and a glimmer of hope in an otherwise challenging situation. However, determining whether bankruptcy is the right choice can be daunting and requires careful consideration. This blog aims to guide you through deciding if bankruptcy is right for you and provide the support and resources needed to move forward.

As mentioned, bankruptcy is designed to help individuals and businesses struggling with debt and cannot make ends meet. However, waiting too long to address the issue only amplifies it and makes recovering financially harder. Therefore, it is crucial to seek help as soon as possible and not let the mounting debt take over. At our firm, we understand the stress and anxiety of financial struggles and help our clients navigate their options to help them find the best path forward.

Is Bankruptcy the Right Debt Relief Option for You?

The decision to file for bankruptcy is not easy and requires careful consideration. At our firm, we work with our clients to determine if bankruptcy is the right choice for their situation and whether any alternatives may benefit them. One such alternative is debt consolidation, which allows individuals to consolidate their debt into one payment and lower their interest rates. Refinancing might be the best option for those who own property or have high equity in their home. With our extensive experience, we can help guide you toward the best solution for your unique needs.

What Type of Bankruptcy Should You File?

One of the many misconceptions about bankruptcy is that it always involves losing assets and starting from scratch. However, that is not always the case. Chapter 13 bankruptcy may allow an individual or family to keep their property and restructure their debt into a manageable plan. Chapter 7 bankruptcy, on the other hand, may require the sale of some assets, but often not all. It is important to understand the differences between the types of bankruptcies and which one is best for you. Our firm can provide personalized support and advice to help you make informed decisions.

Importance of Getting Help Before Making the Decision to File Bankruptcy

Deciding whether to file for bankruptcy is a sensitive and complex matter. Understanding your options and consulting with an experienced professional to help you navigate the process is essential. Our law firm has been helping individuals and businesses since 1978 and has the expertise and knowledge to help you through these challenging times. We understand that financial struggles can be difficult and emotionally draining. Therefore, our team of attorneys is committed to providing you with the support and resources needed to help you make informed and confident decisions for a brighter financial future. Do not let your debt take over; let us help you find a way forward.

Contact OlsenDaines for Bankruptcy Advice and Guidance

Our legal team can help you get your financial life back on track and ensure that you are making the best decisions for you and your family. If you are interested in filing for bankruptcy or discussing your other debt-relief options, contact OlsenDaines. We have offices located all throughout Oregon and Washington with experienced bankruptcy attorneys ready and willing to help you relieve your debt. To schedule your free, no-obligation consultation with one of our attorneys, simply call us or fill out our online form! We look forward to hearing from you and working with you to find solutions to your financial issues. 

Protecting Your Assets During Bankruptcy: How We Can Help

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Dealing with the possibility of bankruptcy or actually going through the process can be an extremely overwhelming situation for anyone. It is not uncommon for people to feel lost, anxious, stressed, and ashamed of their financial situation. 

At OlsenDaines, we understand how important it is for our clients to not only receive relief from their overwhelming debt but also to protect their hard-earned assets. That’s why we are here to assist you in navigating the complexities of how to protect your assets during bankruptcy.

Understanding Bankruptcy and Asset Protection

Most people file for bankruptcy due to job loss, medical debt, or divorce. Whatever the reason, our team of bankruptcy attorneys can help you navigate through this process and make sure that your assets are protected. One of the most significant concerns clients have is whether or not they will lose their assets if they file for bankruptcy. The answer is no, in almost all cases. We will work with you to protect your home, cars, retirement accounts, and other personal property. We are here to ensure that you keep the assets you value the most.

How to Stop Creditor Harassment

Another frequently asked question is whether bankruptcy will stop creditors from harassing and suing them. Again, the answer is yes. Once you file for bankruptcy, creditors are immediately notified through the federal court system and must immediately stop harassment, lawsuits, and any other form of collection of debts. We understand that the constant harassment can be troubling, and protecting our clients from continued harassment is a top priority for us.

Property Listing and Exemptions

As part of the bankruptcy process, you must list all of your property, both real and personal. This includes your home, vehicles, retirement accounts, and household goods and belongings. But there’s no need to worry – there are specific exemptions under state or federal law that protect your property throughout the bankruptcy process. We understand the nuances of federal bankruptcy law and will walk you through each step so that you understand how assets are protected and how a fresh start can help rebuild your life.

How to Rebuild Credit After Bankruptcy

Another question we commonly receive is whether or not filing for bankruptcy will affect future credit. While it is true that bankruptcy does affect credit scores, there are strategies we can use to mitigate any harm that may negatively impact your credit record. We can help you rebuild your credit score after bankruptcy and get back on track to a healthy financial future.

Contact Us for Help Protecting Your Assets During Bankruptcy  

The legal process of filing for bankruptcy and protecting your assets can be confusing and overwhelming, but it doesn’t have to be. At OlsenDaines, our experienced bankruptcy attorneys can help. We will provide you with the guidance you need to protect your assets and navigate through the process of filing for bankruptcy. We are here to help you receive a fresh start and rebuild your financial future. We believe that everyone deserves the chance to move past their debts and have a bright financial future.

Contact us today to schedule a free consultation and get started on the path to financial freedom.

Protecting Your Assets: What to Do When You’re Behind on Mortgage and Car Payments

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Knowing how to protect your assets can be difficult, but an experienced attorney can help. It’s never a great feeling when you’re falling behind on your mortgage or car payments. You start to feel like you’ll never catch up or get back on track. It can be an incredibly stressful situation, especially if you’re relying on that car to get to work or don’t want to lose your home. Luckily, you have options. Filing for bankruptcy can be a great solution for protecting your assets and giving you the breathing room you need to get back on your feet. In this post, we’ll go over what happens when you’re behind on mortgage and car payments and how you can protect yourself by filing for bankruptcy.

What To Expect When You’re Behind On Payments

The first thing you need to know is that when you’re behind on your mortgage or car payments, creditors have the legal right to take possession of the asset and sell it to recoup the money you owe. Foreclosure or repossession of assets can obviously be a nightmare scenario, especially when it comes to your home. The good news is that bankruptcy can stop this process, at least temporarily.

How Filing for Bankruptcy Can Help You Protect Your Assets

When you file for bankruptcy, creditors are required by law to halt any foreclosure or repossession proceedings. This break in collection efforts can give you the time you need to catch up on payments and get back on track.

Of course, filing for bankruptcy isn’t a magic wand that will make all your debts disappear. However, it does give you more options when it comes to paying back what you owe. When you file for Chapter 13 bankruptcy, for example, you can create a payment plan to pay back debts over a period of three to five years. The payment plan can include the arrears on your mortgage or car loan, which you can pay back in smaller, more manageable installments. A plan with smaller payments can be a huge relief for those who are struggling to make the full payments all at once.

One thing to keep in mind is that bankruptcy can have an impact on your credit score. is something that will need to be weighed against the benefits of getting back on track with your payments. That being said, if you’re already behind on payments, your credit score is likely already taking a hit, and bankruptcy can actually help you start to rebuild your credit over time. It’s not a decision to be taken lightly, but it can be a very viable solution for those who are struggling to keep up with debt.

How Do You Know If You’re Eligible to File for Bankruptcy?

An important note for those who are considering bankruptcy is that there are certain requirements you’ll need to meet to be eligible. For example, to file for Chapter 13 bankruptcy, you’ll need to have a reliable source of income to make the payments on your repayment plan. You’ll also need to meet certain debt limits, which can vary depending on where you live. Working with a bankruptcy attorney can help you understand your options and whether bankruptcy is the right choice for you in protecting your assets.

How Our Attorney’s Can Help You Protect Your Assets

When facing the daunting task of being several months behind on mortgage payments due to medical debt and a medical leave of absence, clients named Steven and Gloria were fortunate enough to have federal bankruptcy laws on their side. By working with OlsenDaines Law firm, their home was saved, and they were able to pay back the amount they owed over a five-year period. This payment plan allowed them to stay in their home, raising their three minor children in a stable environment. By retaining the services of OlsenDaines, all creditors were referred to the firm, and the federal bankruptcy petition was prepared accurately and thoroughly. With the guidance of an attorney, clients can rest assured that their matters will be handled carefully and with their best interest in mind.

Contact Us for Help Protecting Your Assets

If you’re falling behind on your mortgage or car payments, it can be an incredibly stressful time. However, it’s important to know that you do have options, and one of those options is bankruptcy. By filing for bankruptcy, you can protect your assets, create a payment plan to catch up on debts, and even start to rebuild your credit over time. It’s not a decision to be made lightly, but it can be a very effective way to get back on track and give yourself a fresh start. If you’re struggling with debt, contact a bankruptcy attorney to discuss your options and see if bankruptcy is the right choice for you. Contact us today to schedule your free bankruptcy consultation.

How to file an adversary proceeding for student loan bankruptcy

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As most people dealing with debt know, there are many different kinds of debt and some types are more difficult to eliminate in bankruptcy than others. Student loan debt is one such debt that’s not automatically discharged in bankruptcy proceedings. Unfortunately, this fact has led many people to believe that student loans can’t be discharged at all. Many borrower can discharge student loan debt through bankruptcy, but it requires additional steps.

This post explains how to file an adversary proceeding for student debt bankruptcy in Oregon, and help you decide whether it’s the right move for you.

How Do You File an Adversary Complaint for Student Loan Bankruptcy?

Getting student debt discharged through bankruptcy requires filing for an adversary proceeding. An adversary proceeding is a legal action that occurs within a bankruptcy case; it’s a formal process used to address specific issues or disputes between various parties that cannot be resolved through the regular bankruptcy process.

What are the Steps to Getting Student Debt Discharged through Bankruptcy?

The first step should always be consulting with an experienced bankruptcy attorney. Bankruptcy laws are extremely intricate, and this process is no exception. Need help finding a student loan lawyer? Check out our blog on how to hire the best student loan lawyer for you. 

If you and your bankruptcy attorney believe your case meets the criteria, you should proceed with these steps:

  • File the complaint: The complaint is filed with the bankruptcy court overseeing your case. There are specific forms and procedures you need to follow, which your attorney will be familiar with. Filing the complaint initiates the adversary proceeding and sets the legal process in motion.
  • Serving the parties involved: After filing the complaint, it must be properly served to all relevant parties, including the student loan lender or servicer. This ensures that everyone involved is aware of the legal action and can respond accordingly.
  • Responses and negotiations: The opposing party will respond to your complaint. This usually leads to negotiations or settlement discussions. Your attorney will guide you through these interactions and help you make informed decisions about potential resolutions.
  • Court proceedings: Depending on the progress of your adversary proceeding, you might need to attend a deposition and trial. Your attorney will represent your interests and present your case to the judge.
  • Decision rendered: The judge will ultimately make the decision. If the court rules in your favor, your student loans will be fully discharged.  The judge can also order a partial discharge if it appears you can pay back some but not all of your student loans.

How Do They Decide Whether to Discharge Your Student Debt?

The judge will make a decision based on your specific situation. The decision is based on three main guidelines:

  • Are you unable to maintain a minimal standard of living for you and your dependents? This is determined by current income and expenses.
  • Is there a likelihood you will be able to pay back your loans in the future? Factors the judge will consider include disabilities, long-term unemployment, and other adverse circumstances.
  • Have you made a good faith effort to repay your loan up until this point? If you’ve enrolled in an income-driven repayment plan, applied for forbearance or forgiveness programs, or consolidation, this can be used as evidence that you have made a good faith effort to pay.

Are You a Candidate for Student Loan Debt Discharge through Bankruptcy?

If student debt is crushing your ability to become financially independent, you may be a good candidate for student debt forgiveness. Of course, as with any possible legal strategy, it’s vitally important to get an opinion from a lawyer with specialized knowledge – in this case, an experienced bankruptcy attorney. An lawyer who focuses his practice on bankruptcy issues will understand the ins and outs of this particular area of law and can review with you some important considerations before you move forward.

While discharging student loans through bankruptcy is not guaranteed, taking the right steps and seeking professional guidance can increase your chances of achieving a favorable outcome and gaining relief from your student loan debt. If you’re ready to start exploring your options for filing an adversary complaint for student loan bankruptcy, give us a call today. Our experienced Oregon-based bankruptcy attorneys are ready to answer all your questions.

How to Get Student Loan Forgiveness After the 2023 Supreme Court Ruling

Supreme Court Building | How to get student loan forgiveness after the Supreme Court decision

Are you burdened with a mountain of student debt that feels like it will never go away? Especially after the Supreme Court’s recent ruling on the student loan forgiveness plan, millions of Americans are wondering if they will ever find relief from these insurmountable loans. 

If you’re in this situation, there’s still some hope. Many people are unaware that there are several different ways they can achieve student loan forgiveness, even after the Supreme Court’s ruling. In this blog post, the debt relief experts at OlsenDaines will explain what you need to know to get rid of your student loans and find financial freedom. 

About the Supreme Court’s Ruling Against Student Loans

In late 2022, the Biden Administration announced its plan to discharge more than $400 billion in federal student loans across the country. Most borrowers would have been eligible for between $10,000 and $20,000 of immediate relief. However, a few states contested the plan and claimed it was unconstitutional, sparking a legal battle that would ultimately determine the outcome of Biden’s original plan.

The case was brought all the way up to the Supreme Court, which on June 30th reached a decision: that the President did not have the authority to automatically discharge these loans. Biden’s original student loan forgiveness plan would not be allowed to proceed.

Ways to Get Rid of Student Loans

Though the Supreme Court’s decision was disappointing for student loan borrowers across the country, that doesn’t mean it’s time to despair. Most people don’t realize that they may already qualify for these other methods of student loan forgiveness:

Filing for Bankruptcy

Historically, student loans have been considered non-dischargeable through bankruptcy. However, thanks to the Department of Education’s policy changes in late 2022, student loan discharge is more accessible through bankruptcy than ever before. The catch is that you have to demonstrate that the loans are inflicting undue hardship upon your financial situation. 

Unfortunately, there is no strict definition of undue hardship – which is why it was so challenging to use bankruptcy for student loan discharge in the first place. However, the Department of Education has established a list of 14 guidelines that can help determine whether a borrower qualifies. Some examples of factors that can contribute to undue hardship include:

  • If the borrower has a disability
  • If the borrower made a good faith effort to repay the loans
  • If the borrower’s income is below the poverty line for their state

While you don’t have to meet all the guidelines to qualify for full or partial discharge, meeting several of the criteria will increase your odds of a favorable outcome. It’s also worth noting that the process of proving undue hardship can be complex, and it’s important to have a skilled and experienced bankruptcy attorney on your side. An attorney can help you navigate the process and increase your chances of success.

 

Income-Driven Repayment Plans

Income-driven repayment plans (IDRs) use your family size and discretionary income to determine an appropriate monthly payment amount. For many people, the IDR can significantly lower monthly payment amounts. And, IDR plans offer complete loan cancellation after making a certain number of qualifying payments – typically over the course of 20 or 25 years. Some of the most common IDR plans include:

  • Pay As You Earn (PAYE)
  • Revised Pay As You Earn (REPAYE)
  • Income-Based Repayment (IBR)
  • Income-Contingent Repayment (ICR)

The main differences between these plans are the percentage of your discretionary income required in each monthly payment and the amount of time you must make payments before qualifying for forgiveness. 

In addition to the four IDR plans above, the Biden Administration has also announced a new plan called the Saving on a Valuable Education (SAVE) plan. This plan has the lowest monthly payment of any available repayment option and offers a number of other benefits to make your debt more manageable. SAVE is rolling out in the summer of 2023 and goes into full effect beginning 2024.

Public Service Loan Forgiveness

To provide relief for full-time employees of government services or non-profit organizations, the federal government also offers Public Service Loan Forgiveness (PSLF). This allows the student loans to be forgiven after 120 qualifying payments, or just 10 years, while working for a qualifying public service organization. Some examples of qualifying employers include:

  • Military service
  • Public health
  • Public education
  • Social work
  • Early childhood education
  • 501(c)(3) tax-exempt organizations

It’s important to note that the 120 payments do not need to be consecutive, but you must fill out paperwork to delineate which payments contribute toward your forgiveness plan. Additionally, not all employers qualify for PSLF. To see if your employer qualifies you for this type of loan forgiveness, use the Department of Education’s search tool for employer eligibility. 

How a Student Loan Lawyer Can Help You

Though there are several methods you can use to find relief from your student loans, the process is rarely easy. But, you don’t have to face it all on your own. At OlsenDaines, we strive to provide our clients with the information and resources they need to combat debt and find financial stability. Whether you need help determining which program is right for you or you need help navigating a bankruptcy case, our skilled lawyers have your back. 

To schedule your free legal consultation, give us a call today!

How Does Bankruptcy Impact My Credit Score?

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No one sets out with the goal of one day declaring bankruptcy. Everyone wants to be financially stable and independent, but unexpected challenges can arise and result in large amounts of debt. If you find yourself in that situation and you’re considering bankruptcy, you probably have many questions about the possible effects. One of the most common is, “how does bankruptcy affect my credit score?” Keep reading to find out.

What is a Credit Score?

Let’s begin with the basics. A credit score, or FICO® score, is a number between 300 and 850 that attempts to reflect the significant financial decisions you’ve made. Your credit score drops, for example, when you default or make a late payment on a debt. Whereas an established pattern of making payments on time will increase it. Three companies – Equifax, Experian, and TransUnion – track and assign your credit score, and it can have a significant impact on your ability to do everything from borrowing money to getting a job.

What Factors Affect Your Credit Score?

Credit card payments, mortgage payments and rent payments are three types of debt that will have the largest impact on your credit score. The rules around another common type of debt – medical debt – are currently changing, thanks to pressure from the Consumer Financial Protection Bureau. 

There has long been debate about whether or not medical debt should affect credit scores. This is because few people actually choose to take on medical debt, and those that are forced to usually have no idea how much their treatments will end up costing. If this has previously caused issues on your credit report, read up on how the overhauled rules on medical debt might affect you.

Can Bankruptcy Permanently Ruin Your Credit?

Bankruptcy is one of the single largest events that can affect your credit score, and the immediate impact of bankruptcy is substantial. A person with previously solid credit (700+) will see their credit score drop by about 200 points. A below-average to average credit score won’t drop as much. That’s one important factor to keep in mind. If your credit score is good, you will be penalized more heavily than if your credit score is average or worse.

The good news is that the effect is not permanent. In fact, you can start rebuilding credit immediately after bankruptcy is filed. The process takes some time, but financial institutions offer products like secured credit cards and credit-builder loans that can help. Just be sure to make your payments regularly and on time and practice smart spending habits. Financial institutions will look favorably on your efforts to rebuild credit even if you have a bankruptcy on your record.

The effects of bankruptcy can be different, depending on the type of bankruptcy. These are the three most common types of bankruptcy for individuals in the US.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, also known as “liquidation,” is the most common type of bankruptcy in the United States. A liquidation plan is created, the individual’s nonexempt property gets sold and the proceeds are used to service existing debts. A judge then orders all remaining debts to be discharged. Chapter 7 Bankruptcy can affect your credit score for up to ten years.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is mostly filed by businesses because under federal law, this is the only bankruptcy option allowed for LLCs, corporations and partnerships. While individuals may file for Chatper 11 bankruptcy as well, it’s less common because Chapter 11 is typically more costly, complex and risky than filing for Chapter 7 or 13. Chapter 11 Bankruptcy can also affect your credit score for up to ten years.

Chapter 13 Bankruptcy

Also called “reorganization,” Chapter 13 bankruptcy allows individuals to repay creditors over a period of three to five years. The benefit is additional time to pay off debts and the chance to renegotiate settlements which typically means the individual has to pay far less than the original debt. Chapter 13 Bankruptcy can affect your credit score for up to seven years.

Is Bankruptcy Right For You?

Imagine Person A and Person B both have $30,000 in debt and are considering bankruptcy. 

The difference is that Person A has a credit score of 750 whereas Person B has a credit score of 550. Both will have $30,000 debt discharged if they declare Chapter 7 Bankruptcy, but the cost for Person A is significantly higher than for Person B. 

That’s because Person A will lose about 200 points to their credit score; Person B will only lose about 100 points. Person A’s new credit score will be ~550; Person B’s new score will be ~450.

Obviously, it’s more worth it for Person B to declare bankruptcy, but it might also be worth it for Person A too. It’s up to you to assess your circumstances and decide if bankruptcy is the tool that will best position you to move forward financially. 

But you don’t have to make the decision alone. In fact, you shouldn’t make this decision alone. Gather as much information as you can, then consult an experienced bankruptcy attorney so you can be sure you understand all of the ramifications of your decision.

There’s no shame in declaring bankruptcy, and it’s not the end of the world for your personal finances. It’s a powerful tool you have at your disposal in the event that your debt burden becomes unmanageable, and if you commit to rebuilding your credit afterward, it can be one of the best financial decisions you’ll ever make.

How Much Do Bankruptcy Lawyers Charge?

Bankruptcy attorney discussing a case with clients in office

If debt has become an insurmountable problem for you, then filing for bankruptcy may be the best way to get back on your feet. However, the idea of spending money on an attorney may not sound very appealing if you’re already struggling financially. Knowing your options will help you make an informed decision so you can determine the best course of action for your situation. To help you get started, here’s a breakdown of how much bankruptcy lawyers charge and what you can expect when working with one.

How Much Do Bankruptcy Lawyers Cost?

While all experienced attorneys are expensive, a bankruptcy lawyer will likely be the least expensive attorney you will ever hire. Chapter 7 attorney fees typically run between $1,000 and $2,000. Meanwhile, Chapter 13 fees generally range from $3,000 to $6,000.

If you aren’t sure which type of bankruptcy you should choose, our skilled attorneys are here to help! With 40 years of experience helping individuals and businesses throughout the state of Oregon, we know the ins and outs of bankruptcy laws and can seamlessly guide you through the process.

Can I File Bankruptcy Without a Lawyer?

Though bankruptcy lawyers are less expensive than other attorneys, the fees can still feel overwhelming. For that reason, many people wonder if they even need the help of an attorney.

While it is possible to file for bankruptcy without a lawyer, doing so could become complicated and expensive. Filing for bankruptcy is an intensive process that can easily become overwhelming, and mistakes along the way could cost you. An experienced debt relief attorney will relieve stress by making the process simple, all while ensuring you get the best outcomes possible.

Will I Have to Pay a Bankruptcy Lawyer Up Front?

Depending on which chapter of bankruptcy you are filing for, you may not need to pay all of your attorney fees up front. While Chapter 7 typically requires you to pay your fees in full before filing, Chapter 13 often allows you to pay in installments as a part of your repayment plan.

Don’t let fees hold you back from getting the help you need. At OlsenDaines, we offer free legal consultations where we can examine your situation and discuss payment options before charging you anything. Our firm has also made a commitment to value-based pricing so we can remain as affordable as possible; in most cases, we can be retained for as little as just $200.

How Can I Pay for a Bankruptcy Lawyer?

Many people wonder how they are supposed to afford a bankruptcy lawyer if they are already struggling to pay creditors. If you’re struggling to come up with the money for attorney fees, don’t panic – there may be some options available.

Since everybody’s situation is different, we strongly recommend starting with a free legal consultation. At OlsenDaines, one of our experienced attorneys will examine your case and discuss how we can help you afford our services.

Affordable Bankruptcy Attorneys in Oregon

The attorneys here at OlsenDaines decided to become bankruptcy lawyers for a very particular reason; we sincerely want to help our neighbors get back on track financially. It is gratifying to help our community thrive, which is why we strive to keep our services as affordable as possible by offering free consultations and value-based pricing. If you are looking for experienced and affordable bankruptcy attorneys, we have you covered. Just contact us today to schedule your free initial case evaluation.

Does Debt Disappear After Bankruptcy?

Does debt disappear after filing for bankruptcy? Debt relief attorneys at OlsenDaines in Oregon State

If you’ve found yourself battling against a mountain of debt, you may be considering bankruptcy as a way to get back on your feet. After all, filing for bankruptcy can be an effective method for relieving debt and regaining control over your finances. But, should you file for bankruptcy, will all of your debt disappear?

The answer to that question is a little complicated. Though bankruptcy can help relieve many different kinds of debt, there are some kinds that will stick with you. If you are considering filing for bankruptcy, it’s important for you to know what kinds of debts are covered and which kinds are not.

What Debts Can Be Forgiven by Bankruptcy?

Bankruptcy can help you regain financial stability by relieving a wide variety of debts. Your exact amount of relief, however, will largely depend on your specific situation and what kind of bankruptcy you qualify for. If you aren’t sure which path would be best for you, a bankruptcy attorney can help you find a solution that relieves as much debt as possible.

Chapter 7

Chapter 7 bankruptcy is intended for individuals with a lower income and fewer nonessential assets. To qualify for this type, you have to pass a means test, which verifies your income. The types of debt that this chapter can cover include:

  • Medical bills
  • Overdue utility charges
  • Outstanding credit cards
  • Collection agency accounts
  • Lease agreement deficiencies
  • Checks written on insufficient funds

Chapter 13

Chapter 13 bankruptcy is intended for individuals with more disposable income and more nonessential assets. This type of bankruptcy is considered “reorganization”, where you will create a payment plan to repay secured debts – such as alimony, child support, and mortgage delinquencies.

Depending on your specific situation, other types of debt may be reduced, but that is not always the case. Chapter 13 bankruptcy can be tricky to navigate, so it is best to contact a skilled bankruptcy attorney to determine the best approach for debt relief.

What Debts Cannot Be Forgiven by Bankruptcy?

Though bankruptcy can absolve many kinds of debt, there are a few types that usually cannot be discharged. The types of debt that bankruptcy generally cannot cover are:

  • Student loans
  • Alimony and child support
  • Tax debts

While these debts are generally not forgiven through bankruptcy, each person’s situation is different. A knowledgeable and experienced bankruptcy attorney can examine your unique circumstances to help you relieve as much debt as possible.

Experienced Debt Relief Attorneys

Bankruptcy can be difficult to navigate, and without the right guidance, you may miss
opportunities to relieve debt. If you are considering filing for bankruptcy, contact the skilled bankruptcy attorneys at OlsenDaines in Washington and Oregon today. Our experienced lawyers understand the ins and outs of bankruptcy law, and they can help you get the best outcome possible for your situation. We can help you through any step of the process so you can regain financial security as easily and effectively as possible. Call us today to schedule your free legal consultation.

What Role Does Your Attorney Play in Filing for Bankruptcy

Bankruptcy is a complex process that begins before the time you file and goes straight through to the debt discharge and the period when you will begin the process of rebuilding your credit. An experienced bankruptcy attorney can help you navigate the maze of decisions, paperwork, procedure, and compliance that goes along with a bankruptcy filing.

From the beginning, your bankruptcy attorney is there to determine the right course for you and your specific circumstances. We assess your financial situation, help you to determine your financial goals, and discuss the options that are available and most appropriate for you. We can also begin taking collection calls and other creditor communications on your behalf.

One of the main tasks your bankruptcy attorney will undertake for you is the preparation and filing of your bankruptcy petition. These forms are exhaustive, and often run to 30-60 pages or more. The attorney will ensure that the forms are filled out completely and accurately in compliance with the applicable state law. Once you have reviewed the information, your bankruptcy attorney will file the finalized, signed version with the bankruptcy court.

A bankruptcy attorney will also help you determine whether a Chapter 7 or a Chapter 13 bankruptcy filing is right for you. This involves you and your attorney assessing the size and makeup of your debt, what assets you are willing to risk in a bankruptcy, and your ability (if any) to repay your debts. When you have an initial consultation with a bankruptcy attorney, here are some of the key points to go over:

  • How you can leverage bankruptcy to achieve your financial goals
  • What you can expect during the bankruptcy process
  • Any difficulties or issues specific to your case
  • Whether you should file for Chapter 7 or Chapter 13
  • What can be done to make the bankruptcy process easier for you

 

 

What You Should Not Do Before Bankruptcy

Before filing for bankruptcy, there is a significant amount of preparation that you should take to ensure that nothing adversely affects the bankruptcy process. An experienced bankruptcy attorney is an invaluable resource when determining what steps you should take to prepare. Some actions can have a negative, or even irreversible, effect on your bankruptcy. Here are some common mistakes to avoid.

When you’re filling out the bankruptcy paperwork, and at the creditors meeting, it’s essential that you provide complete and accurate information about all assets, debts, income, expenses, and anything else pertaining to your financial history. You are doing so under the penalty of perjury. To knowingly misrepresent any of this information is to risk criminal prosecution. Fill out the paperwork carefully. Make sure you answer all the questions and include all the information requested; only leave something blank if you’re sure it doesn’t apply to you. If you leave something out that should have been included, it can cause problems later on in the bankruptcy process.

It’s also crucial to have filed your income tax returns. If you have not filed your returns for a minimum of two years prior to filing for bankruptcy, it makes completing your petition, schedules, and statement of financial affairs extremely difficult. Furthermore, it can effectively bring the bankruptcy process to a halt. Your tax returns are necessary to determine your past and current earnings and asset holdings, and to satisfy potential priority tax claims.  Under chapter 13 the court and trustee will require all returns that you were required to file within the previous four years be filed within the first couple of months of the case.  If you fail to do so the court can dismiss the case.

Do not run up any additional debt within the 70 to 90 days prior to filing for bankruptcy. If you do, the creditor(s) can object to your discharge on the grounds that you ran up the debt fraudulently (that is, without any intention of paying it back). A possible exception is if you took out a payday loan as part of a cycle of cash advances and repayment. An experienced bankruptcy attorney can help guide you through the process of preparing for bankruptcy to ensure that your filing goes smoothly.