Sawin & Shea

FEBRUARY 28, 2023

At Sawin & Shea LLC we use Chapter 13 bankruptcy in conjunction with a loan modification program to help people with significant delinquencies on mortgages. our attorneys are committed to providing compassionate, non-judgmental representation to all our clients. Contact us today for help.

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Sawin & Shea

JUNE 16, 2021

Con: Chapter 7 bankruptcy stays on your credit report for 10 years. Chapter 13 bankruptcy: In this type of bankruptcy, you and the bankruptcy trustee make a structured plan to pay off a percentage of your debts over a 3-5 year payment plan under the court’s protection. 30% Amounts owed.

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Sawin & Shea

AUGUST 25, 2021

However, the requirements for Chapter 7 and Chapter 13 Bankruptcy are different, so we’ll discuss each of them separately. In Chapter 7 Bankruptcy , you file papers with the Bankruptcy Court asking for immediate protection from your creditors and ultimately for an elimination (discharge) of most debts.

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Debt Free Colorado

MARCH 3, 2023

For ten years after filing for bankruptcy, lenders will be more reluctant to extend credit, and it may even be challenging to get employment. A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge.

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Sawin & Shea

JANUARY 18, 2023

In that case, the bankruptcy court will recommend that you declare Chapter 13 bankruptcy , which consolidates your debts into a three-to-five-year repayment plan.

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Roths Child Law

JANUARY 31, 2023

It is for these reasons that you need to avoid the following mistakes when declaring bankruptcy in Tennessee. Filing the wrong chapter Personal bankruptcies fall into two categories - Chapter 7 and Chapter 13 bankruptcies. It is important that you understand how these types of bankruptcies differ.

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Sawin & Shea

DECEMBER 7, 2023

If the homeowner does not do this, the lender will request a default judgment so they can continue with the foreclosure sale. During this time, the lender will most likely ask the court for a summary judgment, which asks that the court grant a judgment in favor of the lender.

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Sawin & Shea

MARCH 2, 2022

Shortly after you file for Chapter 7 or Chapter 13 bankruptcy, you will receive a notice for your section 341 meeting of creditors. It’s an essential part of the bankruptcy process that usually takes place at the Federal courthouse, but currently is done over the phone or via a Zoom chat due to the pandemic.

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Sawin & Shea

DECEMBER 8, 2021

Certain debts can be discharged entirely when filing Chapter 7 bankruptcy, but not everyone is eligible for Chapter 7 bankruptcy. Some people have too high of an income or have assets that require making monthly payments through filing Chapter 13 bankruptcy. .

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Sawin & Shea

JULY 28, 2021

Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 Civil court judgments (not counting anything that was based on fraud). per every 1,000 people. Rent that is past due: This doesn’t mean that you can’t be evicted.

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Sawin & Shea

AUGUST 18, 2021

With current employers: In a Chapter 13 bankruptcy, your employer may or may not know, In some cases, payments will be automatically deducted from your paycheck as part of your bankruptcy repayment plan. At Sawin & Shea Law Firm , we understand that hiring an attorney to help you file bankruptcy is scary.

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Sawin & Shea

APRIL 19, 2023

Chapter 13 bankruptcy , also known as reorganization bankruptcy, enables you to keep your property. Nonexempt property varies from state to state. Then you’ll pay off your debt over a period of three to five years using a more affordable, court-mandated payment plan. Your payday loan debt would be part of that plan.

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Sawin & Shea

OCTOBER 19, 2022

Differences between Chapter 7 and Chapter 13 Bankruptcies. With Chapter 7 bankruptcy , you may get a car loan upon receipt of your discharge notice, which can take several months. Sawin & Shea, LLC can guide you through the process of buying a car post-bankruptcy.

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Roths Child Law

JULY 26, 2020

In many Chapter 7 proceedings, the discharge is complete after about four months. During the Chapter 13 bankruptcy process, the discharge will take place after certain balances are paid, typically after three to five years. In Chapter 7, several different types of debts are eligible for discharge.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. Wells Fargo , 276 F.3d 3d 502 (9th Cir.

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Debt Free Colorado

APRIL 9, 2020

If you own a home the consequences of a judgment against you are more significant as judgment creditors can place liens against your home. To speak with a Colorado attorney experienced in debt relief and bankruptcy, call The Law Office of Clark Daniel Dray at (303) 900-8598 or use the tool below to scheduled a free consultation.

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Sawin & Shea

SEPTEMBER 15, 2021

Here is some good news: This debt will be discharged like your other unsecured debts in Chapter 7 Bankruptcy and can be treated like your other unsecured debts (added to your pro-rata payment schedule, then discharged at the end) in Chapter 13 Bankruptcy. What’s the catch? Well, you can’t have committed fraud.

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Sawin & Shea

SEPTEMBER 15, 2021

Here is some good news: This debt will be discharged like your other unsecured debts in Chapter 7 Bankruptcy and can be treated like your other unsecured debts (added to your pro-rata payment schedule, then discharged at the end) in Chapter 13 Bankruptcy. What’s the catch? Well, you can’t have committed fraud.

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Credit Corp

JUNE 14, 2023

Bankruptcy: Seven or 10 Years Bankruptcies show up in the public records section of credit reports. Chapter 7 bankruptcies may be reported for 10 years from the filing date. Discharged Chapter 13 bankruptcies are generally removed after seven years from the filing date.

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Sawin & Shea

AUGUST 24, 2022

If you’re at risk of losing your home, Chapter 13 bankruptcy could be your best option. When you’re going through the process of filing Chapter 13, foreclosure cannot occur because you’re granted an automatic stay, meaning that lenders cannot pursue your debts and recover collateral, including your home.

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Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No.

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BN Lawyers

JANUARY 14, 2019

Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. The district court granted summary judgment, holding that Trott had ceased collection of the debt because Trott itself performed no more activity.

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Debt Free Colorado

DECEMBER 9, 2021

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. You should get legal assistance from a knowledgeable bankruptcy attorney in Denver. The United States Bankruptcy Code governs both chapter 7 and chapter 13 bankruptcy.

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Sawin & Shea

JUNE 28, 2023

The law dictates that charging more than $1,000 on any card within 90 days of filing for bankruptcy without the intent to pay the bill for these charges is fraud. Plus, nonpayment of these charges can result in a judgment that garnishes your wages and bank accounts.

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Sawin & Shea

MARCH 30, 2021

At Sawin & Shea LLC , we understand that hiring an attorney to help you file bankruptcy is scary. We are committed to providing compassionate and non-judgmental representation to all of our clients. This usually occurs 20-40 days after your petition is filed. We are here to help.

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Sawin & Shea

JANUARY 25, 2022

Once the lender has obtained a court judgment against you, they can then proceed to use aggressive collection remedies to pay back what you owe. If you continue to miss payments, the lender will typically report your account to credit reporting agencies and hire a debt collector to obtain what you owe.

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Credit Corp

MAY 1, 2024

Chapter 13 is for debtors who don’t meet the requirements to qualify for Chapter 7 relief. If you have regular monthly income, a Chapter 13 bankruptcy allows you to set up a debt repayment plan. Bankruptcy also allows you to avoid wage garnishment in the future.

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Sawin & Shea

SEPTEMBER 20, 2023

What if I Have More Property Than You Can Exempt in a Chapter 7? If you have nonexempt property that you do not want to lose through the Chapter 7 liquidation process, then a Chapter 13 bankruptcy may be in order. We are committed to providing compassionate and non-judgmental representation to all of our clients.

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Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. The survey data showed that more than 70% of debt collection suits ended in default judgments. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far as trying to collect on the judgment. • Filing bankruptcy.

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