Get Relief From Debts And Creditors Through Bankruptcy
If you are buried in debt and hounded by creditors, filing for bankruptcy is a reset button to give you a fresh start or gain some breathing room to pay back debts over time.
We understand the stress and cycle of financial problems caused by debt. We also understand why people are reluctant to file for bankruptcy. Attorney Susan J. Lax will explain the process and answer all your questions. She is an experienced bankruptcy lawyer who has helped hundreds of ordinary Ohio residents find relief.
Bankruptcy is a legal process to eliminate debts (Chapter 7) or spread your debt payments out over time (Chapter 13) if you are unable to catch up on what you owe. When you file for bankruptcy, credit card companies and other creditors must stop all collection efforts. This includes harassing phone calls and legal actions such as garnishing your paychecks or tax returns. We can help you with the following:
- Chapter 7 bankruptcy
- Chapter 13 bankruptcy
- Stop foreclosures and collection procedures
- Wage garnishment
Bankruptcy Does Not Cover All Debts
It is important to note that the following debts cannot be discharged in either Chapter 7 or Chapter 13 Ohio bankruptcies. If you file for Chapter 7, you will still be responsible for repaying these debts after your discharge. If you file for Chapter 13, these debts will have to be paid in full in your plan. If they are not, the balance will remain at the end of your case. Remember that you will also have to continue to pay secured debts (such as a house or car payment) if you intend to keep the secured property.
Under 11 U.S. Code §523, the following debts are not eligible for discharge:
- Back child support, alimony obligations and other debts dedicated to family support
- Debts for personal injury or death caused by driving while intoxicated (DWI)
- Student loans, unless it would be an undue hardship for you to repay
- Fines and penalties for violating the law, including traffic tickets and criminal restitution
- Recent income tax debts (within 3 years) and all other tax debts
- Debts you forget to list in your bankruptcy papers unless the creditor learns of your bankruptcy case
Chapter 7 Bankruptcy: Discharge Of Debts
With a Chapter 7 bankruptcy, you basically get a “fresh start.” Chapter 7 is also known as a “straight bankruptcy” or “liquidation.” All qualifying unsecured debts, such as credit cards and medical bills, are forgiven. In exchange, you give up property and assets that exceed certain limits, called “exemptions,” so that they can be sold to pay creditors.
A trustee will collect these assets and sell any that are not exempt, and the proceeds from that are paid to the creditors. Most personal assets are exempt, including retirement savings. Some people do not forfeit any property in Chapter 7.
If you meet the criteria and would like a “fresh start” on your finances, Susan J. Lax R.N., M.S. LLC can help you get the process started to give you peace of mind and the ability to relieve some of your debts.
Chapter 13 Bankruptcy: Repayment Plan
A Chapter 13 bankruptcy is sometimes called a “debt adjustment” or “wage earner plan.” It requires a debtor to file a plan to pay debts (or parts of debts) over several years, based on their current income. For this to be possible, you will need to have enough income in Chapter 13 to pay for your necessities and keep up with the required payments as they come due.
Chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a designated trustee who then distributes payments to creditors. You will have no direct contact with creditors while under Chapter 13 bankruptcy protection.
If you have assets or property that are not exempt in Chapter 7, a Chapter 13 bankruptcy might be the way you need to go to relieve yourself of your financial burden with the help of an experienced, practiced attorney like Ms. Lax.
If you fall behind on house payments, your mortgage lender has the right to pursue legal action to recover the balance of the loan by forcing the sale of the property and terminating your contract.
There are four main ways to avoid foreclosure:
- Filing for personal bankruptcy
- Refinancing your mortgage
- A short sale
- Mortgage modification
Foreclosure is stressful enough without having to worry about filing paperwork, researching available government aid programs and dealing with creditors. Contact Susan J. Lax R.N., M.S. LLC to schedule a consultation with an attorney who can provide assistance during this troublesome time.
A wage garnishment withholds part of your paychecks to repay your creditors. It requires a court order, and there is a limit to how much can be taken from each check. The most common reasons for wage garnishment are:
- Child support
- Spousal support
- Federal tax debt
- State tax debt
- Defaulted student loans
If you have been notified of a wage garnishment, contact Ms. Lax. She will do everything in her power to help you understand what is happening and help you take the necessary steps to possibly reduce the garnishment or negotiate with your debtor.
Do You Qualify For Bankruptcy Relief?
Call our Akron law office to talk to attorney Susan J. Lax about your bankruptcy options. Her role is to make sure your petition is accurate and complete and help you eliminate as much debt as possible. Once you file for bankruptcy, creditors cannot bother you; they can only contact your lawyer.
Susan J. Lax R.N., M.S. LLC is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.