Do I Need a Lawyer to File for Bankruptcy?

Many people like to engage in do-it-yourself projects, and they have different motivations. Some individuals genuinely enjoy certain types of DIY challenges, and there are others who decide to go it alone because they want to save some money. There is nothing wrong with doing some things for yourself, and the information that can be easily obtained on the Internet makes it easier than it has ever been. However, you do have to know where the draw the line. You may feel confident replacing the alternator on your car, but do you think that you have the know-how to file for bankruptcy for yourself?

Technically speaking, you don’t have to have a license to practice law to file for bankruptcy. However, these are some rather complicated waters to try to navigate on your own as a layperson. First of all, do you know what type of bankruptcy to choose? You may hear about the fact that a Chapter 7 can make your credit card debts and medical bills disappear. This can be true, but are you sure you qualify for a Chapter 7? You have to pass a means test to qualify for this type of bankruptcy. If your income exceeds the median income in your state of residence, you won’t automatically qualify. A complex formula would be utilized to determine whether you are eligible to file a Chapter 7.

A Chapter 13 bankruptcy could be the right choice for you if you do not qualify for a Chapter 7. It can also be a better option if certain circumstances exist. For example, you cannot stop a foreclosure if you are behind on your mortgage through a Chapter 7 filing, but a Chapter 13 could allow you to repay the arrearage over time. When a Chapter 13 bankruptcy is filed, a complicated repayment plan is submitted to the court. This form of bankruptcy is so complex that there are some bankruptcy attorneys that do not handle them, so it is very unlikely that you could effectively file a Chapter 13 bankruptcy by yourself without any legal guidance.

We understand the fact that people who are experiencing financial difficulties are not particularly anxious to put out money to engage a bankruptcy lawyer. This is why we have established a very affordable fee structure, and our clients find that the value that we provide is extraordinary. Our firm offers free consultations to people in Portland, Eugene, Grants Pass, Bend, Tigard, and a few other Oregon cities, and we have locations in the state of Washington as well. If you would like to set up an appointment, send us a quick message through our contact page.

Discuss Unfair Debt Collection With a Bankruptcy Lawyer

If you are getting phone calls from collection agencies that are getting out of hand in one way or another, you may want to discuss your situation with a bankruptcy lawyer. We serve clients in Salem, Roseburg, Medford, Klamath Falls, and numerous other cities in Oregon, and we also have offices in Washington. Many of our clients reach out to us because they simply cannot tolerate the nature of the collection calls that they are receiving, and we can always provide solutions.

The Fair Debt Collection Practices Act (FDCPA) spells out guidelines that collection agencies must abide by when they contact debtors. We should emphasize the fact that it is not applicable when a creditor is contacting you directly. The FDCPA protections do not apply until and unless the debts are handed over to a collection agency.

One of the provisions contained within the Fair Debt Collection Practices Act will provide you with immediate relief if you engage our firm to represent you. Once the collection agency is aware of the fact that you have legal representation, they cannot contact you directly; they would have to communicate with us. This is a very efficient way to get the collectors off your back as we work with you to develop a debt relief strategy.

Bankruptcy is going to be the right choice for many people who are struggling with a significant level of unmanageable debt. After you engage our services and the collection calls come to a halt, you could potentially file for bankruptcy. If you decide to go this route, you would get an automatic stay. This would temporarily stop most collection efforts, and this could apply to your original creditors as well as the collection agencies.

You would typically choose between a Chapter 7 and a Chapter 13. With a Chapter 7 bankruptcy, unsecured debts can be completely discharged, and you can go forward with a fresh start. A Chapter 13 bankruptcy is a reorganization that allows you to use your disposable income to pay back your debts, or a portion of your debts, over time. The form of bankruptcy that is right for you will depend upon the circumstances. In either event, the collection calls will cease, and you will be able to move on with your life free of debt collector harassment.

There is no reason to accept abuse from a collection agency representative who is stepping out of bounds. Help is just a phone call away, and our firm offers free case evaluations for people in Vancouver and Tacoma, Washington and just about everywhere in the state of Oregon. If you would like to reach out, you can give us a call right now at 1-800-682-9568.

How Long Does Delinquent Debt Stay on My Credit Report?

If you are unable to keep up with your debt payments, the delinquencies will be on your credit report, but they do not stay there forever. The credit reporting agencies stop including most types of delinquent debt after seven years. This can sound like a very long period of time, and it is significant, but you may still be able to obtain credit even if there are collection accounts on your credit report. Plus, according to the credit reporting agency Experian, if you were to pay off accounts that are in collections, in many cases they would have less of a negative impact. In fact, under currently utilized methods, collections that have been paid may not have any negative effect on your credit score at all.

As bankruptcy attorneys, we assist clients who are struggling with overwhelming debt. There two different types of bankruptcies that are most frequently used by individuals: Chapter 7, and Chapter 13. A Chapter 7 is a liquidation bankruptcy. If you have any nonexempt property, it would be liquidated by the trustee, and the proceeds would be used to pay your debts. However, in most of these cases, there is no property to sell, so there are no losses. The unpaid debts would be discharged, and the creditors would be unable to seek payment going forward. This type of bankruptcy remains on your credit report for 10 years.

A Chapter 13 is a reorganization bankruptcy. You would be required to file a Chapter 13 rather than a Chapter 7 if you have enough disposable income to make payments on all or some of your outstanding debt. You make payments for 3 to 5 years when you opt for a Chapter 13 reorganization. The debts will be discharged if you keep your payments current throughout the duration of the term. A Chapter 13 bankruptcy stays on your credit report for seven years.

When it becomes apparent that you are not going to be able to keep up with your debt payments, you have decisions to make. The optimal course of action will depend upon several different factors. Since there are multiple ways to proceed, it is wise to discuss your options with a licensed bankruptcy attorney. A bankruptcy is often going to be the right choice, but there are other possibilities.

Our firm serves clients in many different cities in the state of Oregon, including Medford, Eugene, Portland, Grants Pass, and Salem. We also have offices in Tacoma, Vancouver, and Tri-cities in Washington. The attorneys at OlsenDanes are always standing by to assist if you would like to come in for a case evaluation, and these initial consultations are offered free of charge. If you are ready to make the connection, call us right now at 1-800-682-9568.

Bankruptcy Silver Lining: Learn From Your Mistakes

They say that experience is the best teacher, and this is certainly true when it comes to the way that you handle on your financial affairs. If you never make any serious mistakes, that’s the best-case scenario. However, there is a silver lining of sorts that you could draw from if bad decision-making leads you to a bankruptcy filing. Many people who have this experience use it to their advantage, and they become very responsible and financially conservative going forward.

You could start to apply a new perspective right away when you are creating post-bankruptcy budget. If you file for Chapter 13 bankruptcy, which is a reorganization, you will be required to stick to a repayment plan over a three to five-year period. The structure in and of itself will help you to develop a sense of financial discipline. After the bankruptcy has been discharged, you will invariably emerge with a better understanding of your monetary limitations as you continue to rebuild your credit standing.

The other type of bankruptcy that is most commonly used by individuals who are overwhelmed by debt is a Chapter 7 bankruptcy. With this type of bankruptcy, unsecured debts like credit cards and health care bills can be completely discharged. You would be allowed to maintain ownership of your home and your car if you are current on the payments. Once you are free of the burden of the unsecured debt, you will probably find it much easier to pay your other bills.

Perhaps surprisingly, you may be able to obtain lines of credit shortly after you file, because your debt to income ratio will improve. Plus, you would not be able to file for another Chapter 7 bankruptcy for eight years, and this would be a positive in the eyes of lenders. However, this is a dangerous area to get into right after filing for bankruptcy. Plus, the interest rates and fees will be higher to reflect the perceived risk.

If you are having trouble keeping up with your bills, you should certainly explore the legal options that are available to you. We have offices in Tacoma, Vancouver, Tri-Cities, and many different cities in the state of Oregon. Our firm offers complementary consultations, and you can set up an appointment if you send us a message through our contact page.