Cincinnati Bankruptcy Attorney
Finding a Path to a More Secure Future
Are you struggling with rising credit card debt, dealing with wage garnishment, or facing foreclosure or vehicle repossession? Bankruptcy may be the solution you need to obtain debt relief, save your home, and rebuild your finances.
The Southard Law Firm, L.L.C. represents clients in Cincinnati filing for Chapter 7 and Chapter 13 bankruptcy. Attorney Arthur Southard, provides personalized legal representation to help our clients find the best course of action to resolve their debt problems.
What is Bankruptcy?
Bankruptcy is the process where an individual or business who cannot pay back debts to creditors seek relief from all or all of their debt under the protection of the federal court . Individuals may seek bankruptcy if they are looking for a fresh financial start through liquidating assets or through a reorganization plan of their debts . To file for bankruptcy, the individual or business must file a petition with the bankruptcy court. To ensure that you are set up to successfully file for bankruptcy or learn more options other than bankruptcy, our Cincinnati bankruptcy lawyers have years of experience and can guide you throughout the process.
Benefits of Filing for Bankruptcy
Life throws curveballs, and some are financially devastating. An illness, injury, divorce, or job loss can make it difficult to keep up with your financial obligations. When you are facing mounting debt and lack the financial resources to pay it off, our bankruptcy attorney in Cincinnati can help you determine if bankruptcy is a possibility for you.
Bankruptcy may be the best option if you are dealing with:
- Wage garnishment
- Medical bills not covered by insurance
- Excessive credit card debt
- Low-value assets or assets that are worth less than your debt
- Creditor harassment
- No savings to pay off debt
Bankruptcy can also help stop creditor actions such as vehicle repossessions, foreclosure, and other collection attempts impeding on your day to day life.
Types of Bankruptcy
The are two common types of bankruptcies for individuals. Most bankruptcies are filed under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code.
- Chapter 7, also known as liquidation bankruptcy, enables you to wipe out credit card debt, medical bills, and other unsecured debt in as little as 90 days by liquidating assets. This type of bankruptcy is meant for individuals that have little to no disposable income.
- Chapter 13, also known as reorganization or "wage earner's" bankruptcy, allows you to stop foreclosures and catch up on past-due mortgage and car payments by making a repayment plan any paying over a period of three to five years. This type of bankruptcy is meant for individuals that have a regular income but unable to keep up with debts.
There are many different benefits each bankruptcy offers to debtors. Our bankruptcy lawyer can help you understand the differences between Chapter 7 and Chapter 13 bankruptcy, determine which type you qualify for, and determine which is best for your financial situation.
Stop Creditor Harassment in Cincinnati
When you get behind on your payments and the phone starts ringing, you may feel overwhelmed, frustrated, and unsure about your family’s financial future.
You have legal rights that protect you from creditor harassment, according to the The Fair Debt Collection Practices Act (FDCPA) creditors cannot:
- Call at unusual times or place
- Harass you over the phone or any other means of contact
- Use abusive or threatening language
- Contact you if you have an attorney representing you
Ending creditor harassment is a big advantage of filing for bankruptcy. The Southard Law Firm, L.L.C. is here to explain your options and provide the information you need to make the best decision for your situation.
- What types of debts can or cannot be discharged in bankruptcy?
In general, bankruptcy is able to wipe out most types of consumer debt. Dischargeable debt can include medical bills, credit card bills, personal loans, collection agency accounts, past due utility bills, and more.
Debts that cannot be discharged include many types of taxes, child support, alimony, student loans, penalties for government agencies, personal injury debts for drunk driving accidents, criminal restitution, and more.
- Can I keep my home and car if I file for bankruptcy?
If you are filing for Chapter 7, you will need to keep up with your car and house payments if you want to keep those assets. The same applies to Chapter 13 for your home and car. With Chapter 13, you can create a repayment plan to help you catch up on your past-due car and mortgage payments, which will allow you to keep both. Make sure you discuss your situation with an attorney, as it may depend on your unique circumstances.
- Which type of bankruptcy should I choose?
The type of bankruptcy will depend on your financial situation. Not everyone will qualify for Chapter 7, so they will have to file for Chapter 13 instead. Your choice will also depend on whether you want to liquidate most of your assets under Chapter 7, or if you are able to repay your debts over a period of time through Chapter 13. Contact our bankruptcy attorneys in Cincinnati and we can review the pros/cons of each, and help you decide the right chapter for you.
- What are the common reasons bankruptcy filings are dismissed?
Filing for bankruptcy can be complicated, and if done without the careful guidance of an attorney, you may be putting your case at risk for dismissal. Some of the common pitfalls of filing for bankruptcy is not completing the proper credit counseling classes prior to filing, not filing the right forms, failing to provide necessary financial documents, and more. To maximize your chances of a successful bankruptcy case, work with an experienced attorney.
Contact The Southard Law Firm, L.L.C. for Bankruptcy Assistance in Cincinnati
If you need debt relief, The Southard Law Firm, L.L.C. has the comprehensive knowledge of Ohio bankruptcy law needed to assist you. Attorney Arthur Southard has helped Cincinnati debtors obtain financial freedom for nearly a decade, with a dedication to providing personalized service and respect to his clients. For personal attention and effective solutions to your financial issues, reach out to The Southard Law Firm, L.L.C. today.
Please call our Cincinnati office at (513) 399-8806 to get advice from a skilled bankruptcy attorney.