Are you in need of a trusted bankruptcy attorney in Royal Oak? As one of the top bankruptcy attorneys in Oakland County, we specialize in debt resolution and bankruptcy, providing tailored solutions to assist our clients with all their debt relief needs.
Managing debt can be overwhelming, but effective legal solutions are available to help you regain control of your finances. If you’re struggling to keep up with mounting bills and unpaid debts, filing for bankruptcy could be the next step. Our law firm specializes in comprehensive bankruptcy assistance, including zero-dollar down Chapter 7 and Chapter 13 bankruptcies.
Understanding The Bankruptcy Process
Chapter 7 Bankruptcy
Filing for Chapter 7 is one of the simplest and most affordable ways to eliminate unsecured debts. Under this type of bankruptcy, you can discharge the following debts:
- Credit card debt
- Medical debt
- Unsecured personal loans
- Wage garnishment
- Lawsuit liability
Courts can often discharge your debts within three to four months of filing for bankruptcy.
In most cases, immediately upon filing your case, your creditors are not permitted to collect from you or contact you further.
What Debts Are Typically Not Able To Be Discharged By Chapter 7?
- Specific tax responsibilities
- Obligations resulting from fraudulent activities, embezzlement, or theft
- Designated penalties
- Student loans
Who Doesn’t Qualify For Chapter 7?
You probably will not qualify for Chapter 7 bankruptcy if:
- You have been granted a Chapter 7 discharge within the last eight years or a Chapter 13 discharge in the last six years
- You have hidden assets or provided misleading information in court documents
Frequently Asked Questions About Chapter 7
Will I Lose All My Properties If I File For Chapter 7 Bankruptcy?
No. Some property assets are exempt and cannot be taken by creditors in a Chapter 7 bankruptcy filing. In general, a debtor can keep their unmortgaged, exempt properties in a Chapter 7 filing.
Will I Have To Attend Court In My Chapter 7 Bankruptcy Case?
Generally, around a month after filing for Chapter 7, a court meeting for creditors will be scheduled. Attendance by the filer is mandatory. Since 2020, many states now conduct this meeting virtually, meaning you may not need to physically enter a courtroom.
How Long Will My Chapter 7 Bankruptcy Case Take?
Chapter 7 is one of the fastest ways to resolve debts. Most cases are completed within three to four months of filing for bankruptcy, and unsecured debts are discharged entirely.
How Does Chapter 13 Bankruptcy Work In Royal Oak?
Chapter 13 is designed for individuals with consistent, regular income who need to restructure their debts into more manageable payments and lower monthly bills. Filing for Chapter 13 allows you to consolidate your debt, lower your total amount owed, and then pay it off slowly and more manageably over the next three to five years, offering a path to financial recovery.
Filing for Chapter 13 can help you:
- Avoid or reverse car repossession
- Reorganize tax debt
- Halt foreclosures
- Protect valuable assets
Key Differences Between Chapter 7 And Chapter 13 Bankruptcy?
When filing for Chapter 7, debtors will lose most of their nonexempt property when their debts are discharged. In contrast, under Chapter 13, debtors can retain their nonexempt property, but they must pay off as much of their debts as possible. Once this is done, they will no longer be held responsible for their dischargeable debts and will be released from all liability. Additionally, Chapter 13 allows for a wider variety of debts to be discharged than Chapter 7
What are the Limits on Debts That Cannot Be Discharged Through Chapter 13?
Some debts cannot be erased in Chapter 13 bankruptcy. These include:
- Debts related to alimony, support, or maintenance
- Debts that were paid outside of the Chapter 13 plan
- Debts with payments that end after all other payments under the plan are complete
- Student loans
- Debts from being unlawfully intoxicated while driving, which caused death or injury to someone else
- New debts acquired after filing for Chapter 13 bankruptcy were not included in the payment plan
- Debts for criminal fines from a crime conviction.
Frequently Asked Questions About Chapter 13 in Royal Oak
Do I Have To Pay Off My Debts Under A Chapter 13 Plan Completely?
With a Chapter 13 bankruptcy plan, you won't necessarily have to repay all your debts. While some debts, like taxes and fully secured loans, must be addressed, your payments will be based on what you can realistically afford. The good news is that any remaining balances on most of your other debts may be discharged once you successfully complete your Chapter 13 plan.
Am I Eligible For Chapter 13 Bankruptcy?
You would be considered eligible if you:
- Have unsecured debts that amount to no more than $336,900 or secured debts that amount to no more than $1,010,650
- Have some sort of regular income
- Are not a stock broker or commodity broker
- Reside, own property, or do business in the United States
- Have not filed a bankruptcy case that has been dismissed in the last 180 days
How Long Will It Take To Finish My Chapter 13 Plan?
Completing your Chapter 13 plan requires about three years, though it might finish sooner if debts are settled earlier. On the other hand, if the debtor has a legitimate reason, they may request the court to extend the plan for a maximum of five years.
Life After Bankruptcy
Filing for bankruptcy in Royal Oak could be your first step toward financial freedom and a fresh start. Within six months of filing, your adverse credit will be dropped from your credit report on all significant reporting bureaus. If you’ve struggled with debt, it’s vital to take advantage of this opportunity to rebuild your credit score. If you remain on top of revolving debts and apply for a secured credit card, you could set yourself on the path to homeownership shortly!
Learn More About Life After Bankruptcy
How Else Can DebtErasers Bankruptcy Law Firm in Royal Oak Help You?
Creditor Harassment
Are creditors unfairly harassing you? The Fair Debt Collection Practices Act (FDCPA) protects you, and our Royal Oak bankruptcy law firm can help enforce your rights. Once a debt collector knows a lawyer represents you, all communication must stop.
Real Estate Closing
Buying or selling property? Our Royal Oak attorneys ensure a smooth real estate negotiation from start to finish. We provide complete legal support throughout the closing process. Trust DebtErasers to manage your real estate transactions.
Loan Modification Negotiation
Struggling with large loans? Loan modification may be an option. It aims to (1) Lower your monthly payments and (2) defer mortgage arrears to protect against foreclosure. For the best chance at a loan modification, consider our experienced attorneys at DebtErasers.
Meet Your Royal Oak Law Team
Eugene Feldman
Managing Partner
Eugene is committed to helping individuals in financial distress. He has helped thousands resolve their debt issues. Eugene works with clients from their initial consultation through discharge.
Roger Leshinsky
Managing Partner
Roger has dedicated the past ten years to providing legal expertise and financial relief to families throughout the Midwest. Roger has helped over 10,000 people discharge millions of dollars of debt and get back on track with their financial goals.
Where Are We Located In Royal Oak?
We are located in downtown Royal Oak, Michigan, at the center of the local community. Make an appointment or visit us today. We are open from 8:00 a.m. to 6:00 p.m., Monday through Friday.
418 North Main St, 2nd Floor
Royal Oak, MI 48067
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Contact us: (248) 876-9439
No matter what your debt concerns are, we can assist you. Our bankruptcy law firm in Royal Oak is ready to answer your questions.