|
|
||
|
Bankruptcy |
||
|
A series of unfortunate events has placed you in a position where Bankruptcy appears to be your only option. Protecting your rights in Consumer Bankruptcy is import to Mr. Casey. Depending on your particular circumstances, he will help you through either Chapter 7 ("the Total Bankruptcy", wiping out all your debt) or Chapter 13 ("The Repayment Plan" where you repay a percentage of your unsecured debt over a period of time). Since the Bankruptcy Reform Act of 2005, it is important that you talk with an attorney who practices in Bankruptcy field on a regular basis, as the laws have changed significantly. Bankruptcy is a way to eliminate your debts or repay them on terms you can afford, not what the creditor dictates. Mr. Casey represents people in "Consumer Bankruptcy", or Bankruptcy for individuals, these are Chapter 7 and Chapter 13. Generally speaking, a Chapter 7 eliminates all your debts and a Chapter 13 repays some or all your debts over a period of 3 to 5 years. Click on the Chapter to find out more about each one. The Bankruptcy reform Act of 2005 essentially did two things to the average person; it put stumbling blocks and hurdles in your ability to file, and it contends with specific instances after you file. What exactly these problems are will depend on your particular case, so you should speak with someone who practices Bankruptcy on an regular basis to help guide you through this process. Regardless of the Chapter you file, you will need to complete Mr. Casey's Bankruptcy Workbook. To get a started just click above, print out the Workbook and complete it. |
||
|
Chapter 7 Bankruptcy can be a complete elimination of all your debts, depending on the type of debt you have. In most cases, you can keep your car, house, furniture, furnishings, personal and other items so long as you are current on the payments. This would allow you to "get rid of" credit card bills, doctor and hospital bills, repossession bills, some judgments and other debts. This matter would require your full disclosure of all your finances and at least 1 appearance in Federal Court (Atlanta, Rome, Gainsville or Newnan, depending on where you live). Generally speaking, currently the cost of a Chapter 7 bankruptcy will depend on a number of factors, such as are you above or below the medium income for a household of your size in the State of Georgia, does your income exceed a certain amount that will probably trigger a U.S. Trustee investigation and so forth. All fess will be determined at the initial consultation with Mr. Casey. |
Chapter 13 Bankruptcy is a repayment plan that is paid out over a period of 3 to 5 years. You can pay all your debts in full or a portion of certain debts from nothing to dollar for dollar. The amount you pay and the length of time you pay is dependant upon your particular circumstances. This works very good when your about to lose your house, car, about to garnished and so forth. In a Chapter 13, a "Payment Plan" if figured out. This payment is calculated by determining how much you owe and how much you can pay. The payment is taken right out of your paycheck, before you even see it, and paid to the "Trustee" who pays certain bills for you (car, house arrearage, student loans, IRS, etc.). You are responsible for your current mortgage/rent, utilities and so forth. My fee in a Chapter 13 is paid a little different, my fee is put into the Payment Plan and each month the Trustee pays me until I've been paid in full, you do not pay me directly (unless you retain me just before foreclosure). My total fee is $3,500*, which covers my services through the Confirmation Hearing. If additional service are required after Confirmation, then additional fees are incurred. These fees are pre-determined before your case is filed. This matter would require your full disclosure of all your finances and at least 2 appearances in Federal Court (Atlanta, Rome, Gainsville or Newnan). Generally speaking, the cost to start a Chapter 13 Bankruptcy is $279 for the filing fee, $35 per person for the Credit Report and the cost of the mandatory credit counseling. |
|
|
*Fees are subject to change without notice or change to this page. Fees may also vary due to the uniqueness of your matter. It is important that you speak with Mr. Casey to get an exact amount for the cost of your matter. **Medium Income depends on the number of people living in your home (usually as stated on your Tax Return) and changes periodically, at least annually. Theses changes are made by the US Trustee's Office and are based upon IRS Guidelines. Mr. Casey's office will be sending you letters throughout your case in an attempt to keep you up to date on the particulars of your case. The Normal Bankruptcy Process (Your case may vary due to your circumstances)
|
||
|
1. Initial Consultation ~ This is where you and Mr. Casey met and discussed your case in general terms. Mr. Casey explained the Bankruptcy process to you and his process in preparing your case for filing. You also discussed fees and costs and payment arraignments. 2. Workbook, Fees & Credit Counseling ~ This is where you prepare the Workbook (as best you can) and take the Credit Counseling Course. You will need to return the Workbook, Credit Counseling Certificate and the appropriate fees to Mr. Casey's office. 3. Petition Preparation ~ Once the items in #2 have been submitted to Mr. Casey's office, he prepares the Bankruptcy Petition and other various documents needed to file your case. 4. Petition Signing ~ This is where you and Mr. Casey meet to review and sign your Bankruptcy Petition. Mr. Casey may have questions for you, as you may have questions for him. Mr. Casey CANNOT FILE your case until you have signed it (If a husband and wife are filing together, both must be present and sign). At the signing, you will need to bring your pay stubs (for the 60 days immediately prior to filing) and: For a Chapter 7 - a copy of the last tax return you filed; for a Chapter 13 - Copies of the last 4 years of Tax Returns. 5. Petition Filing ~ Once you have signed the Petition, given Mr. Casey the necessary documents, corrections and fees, Mr. Casey will make the revisions to your Petition and file it. The "Automatic Stay" goes into effect then. (Depending on which Chapter you file, your case will follow one of the following directions) |
||
|
Chapter 7 |
Chapter 13 | |
|
6. 341 Hearing ~ About 4 - 6 weeks after filing you will appear at the Bankruptcy Court to allow the Trustee and any creditors (they usually don't show up) to ask questions. Afterward, Mr. Casey will let you know if any additional information is needed or if there are any problems. 7. Motions ~ If you are "Surrendering" (giving up) a house or a car or other asset, or if you have a judgment against you that Mr. Casey knows about, then a Motion may be filed and that issue dealt with. Exactly what type of Motion and how it is dealt with will be different in each case. 8. Reaffirmation Agreements ~ If you are keeping a "Secured" Debt (House, car, or something you are making payments on), you will most likely be required to sign a Reaffirmation Agreement. Mr. Casey will mail it to you, you will need to review it, sign it and return it to the creditor. 9. Financial Management Course ~ You will need to take the Financial Management Course and get the completion Certificate to Mr. Casey. You will not receive a "Discharge" unless your Certificate is filed with the Court. 10. Discharge ~ When you will receive a "Discharge" your case is over and you are no longer obligated for the debts the debts that are dischargeable.
|
6. Payments ~ Once your case is filed you will be responsible for making the Plan Payment and, if applicable, "mortgage" and child support payments. These must be paid on time.
7. 341 Hearing ~ About 4 - 6 weeks after filing you will appear at the Bankruptcy Court to allow the Trustee and any creditors (they usually don't show up) to ask questions. The Trustee will state his/her "Objections" (problems with the case),. which occur in almost every case. 8. Amendments ~ After the 341 Hearing, Mr. Casey will prepare one or more "Amendments" to your case. These Amendments will correct the Trustee Objections. He will mail them to you and you need to review, sign and return them to Mr. Casey's office so he can file them. 9. Confirmation Hearing ~ About 4 - 6 weeks after the 341 Hearing is the "Confirmation Hearing". This is where the Judge approves or disapproves your Bankruptcy. If the Amendments have been filed, your case should be Confirmed (approved). Many times this Hearing is reset to another day due to a variety of reasons. 10. Post-Confirmation Matters ~ After your case is Confirmed, if you make all your payments then there should be no problems. If you do not make your payments, then problems may arise. They generally take the form of:
11. Financial Management Course ~ You will need to take the Financial Management Course and get the completion Certificate to Mr. Casey. You will not receive a "Discharge" unless your Certificate is filed with the Court. 12. Final Disposition ~ Your case will either be:
|
|
|
*Fees are subject to change without notice or change to this page. Fees may also vary due to the uniqueness of your matter. It is important that you speak with Mr. Casey to get an exact amount for the cost of your matter. |
||
|
| Home | Bankruptcy | Traffic | Criminal | Wills & Probate | Divorce | Juvenile | Domestic | Forms | Directions | Biography | Disclosure Statement | Payments | Contact Us | |
||
|
© 2010 David J. Casey, all rights reserved |
||
