Hames Anderson Whitlow & O'Leary, Attorneys at Law, P.S. Blog

When a relief from the automatic stay is filed, it is done by a creditor. The creditor is asking the court to remove the automatic stay protection issued in bankruptcy so that they can continue collection efforts. Typically, the creditor does so when they need to repossess a car or foreclose on a home, but…

A common question on consumer minds is whether or not they have enough debt to justify filing for bankruptcy. The answer is not as simple as “X dollars” is the threshold. Instead, it comes down to your unique financial situation, the type of debts you have, and your means to pay them off (if any)….

Technically, there is no minimum debt amount required to file for bankruptcy, but there are limitations on how high your debts can go. For example, if you want to file for Chapter 13 bankruptcy, your secured debts cannot exceed $1,257,850, and your unsecured debts cannot total more than $419,275. Your debt load, however, is only…

While most assume that filing Chapter 7 is the best route for bankruptcy, not all cases qualify for it and not all debtors would benefit the most from this type of bankruptcy. Consumers have two primary choices: Chapter 7 and Chapter 13. And before you assume one is better than the other, you should consult…

When you file for Chapter 7 bankruptcy, you can discharge numerous debts, but not every single one. Debts including child support, federal student loans, or past due taxes are excluded from this discharge. Furthermore, some assets might require liquidation before you can proceed to the debt discharge phase. Deciding to file for Chapter 7 bankruptcy…

Businesses filing bankruptcy affect more than just the company and its employees; it can also affect any shareholders who have invested in that business, too. Luckily, Chapter 11 is not a liquidation. Therefore, the management of that business remains in charge of its daily operations, and it can still generate profits. However, all decisions for…

If you file for bankruptcy, yes, you will have to show up in court for what is known as the meeting of the creditors. If you are like most consumers, the idea of showing up in court is daunting. After all, you are probably picturing a traditional courtroom scene with a big room, people staring…

Being convicted of a felony affects you in numerous ways, including your career choices, government aid, and possibly your bankruptcy status. If you have been convicted of a felony, you may have limitations on what you can claim as an exemption. And depending on the crime, you may have difficulty filing for bankruptcy at all….

As a debtor, you decide to file for bankruptcy. If you voluntarily wish to dismiss the case after doing so, you have that right. However, before you dismiss your bankruptcy case, you should consult with an attorney to make sure it is the right call. After all, the moment you dismiss, creditors are free to…

If you’re considering bankruptcy, the first thing on your mind is the benefits. Will bankruptcy help you or will the hit to your credit report make life harder? Bankruptcy has its pros and cons, just like any other financial decision. Therefore, you should understand them before assuming it will help you or not. Bankruptcy is…