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Questions to Ask a Chapter 7 Bankruptcy Lawyer Before Filing for Bankruptcy

Sawin & Shea

If you’re struggling with debt and considering bankruptcy, speaking with a bankruptcy lawyer can help you determine your best options and give you some clarity on how the process works. At Sawin & Shea, LLC, our Chapter 7 Bankruptcy lawyers have helped clients just like you in the Indianapolis and surrounding areas.

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Consumer Debt vs. Non Consumer Debt

Sawin & Shea

They can assist you through the bankruptcy process and can keep creditors from unlawfully harassing you. In order to understand the bankruptcy process, here’s what you need to know about consumer debt and non-consumer debt. What is Consumer Debt? With consumer debts, co-debtors receive the protection of an automatic stay.

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What Should You Know About Medical Debts & Bankruptcy?

Sawin & Shea

However, while bankruptcy can help, it’s important to understand how the process works, especially concerning your medical debt. At Sawin & Shea, our team of Chapter 7 and Chapter 13 bankruptcy lawyers is here to help. Medical debts are also considered a necessity, which means they are protected under the “necessity” doctrine.

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Can I File Bankruptcy on Just My Credit Cards?

Sawin & Shea

When you file for bankruptcy whether Chapter 7 or 13, you are required to list all debt, both secured and unsecured. You aren’t allowed to pick and choose which debt you want the bankruptcy to apply to. Creditors cannot reclaim any of your property if you default on a loan. Do I Need a Lawyer to File for Bankruptcy?

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Can You Use a Bankruptcy to Stop a Foreclosure?

Sawin & Shea

Unlike Chapter 7 bankruptcy, Chapter 13 does not require the filer to liquidate all their assets (including their home) to pay off creditors. In other words, a Chapter 13 Plan can reorganize debts in ways that can help struggling homeowners get back on track with their mortgage payments, curing arrearages and making ongoing monthly payments.

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When Should You File for Bankruptcy?

Sawin & Shea

Bankruptcy Relief Filing for bankruptcy can not only assuage the anxiety and guilt associated with insolvency, but it can provide much-needed relief from creditors’ harassing phone calls. When you file for bankruptcy, the law immediately puts into place protections, including one that forbids creditors from contacting you in any way.

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Should I Pay Back Family Members or Friends Before Filing for Bankruptcy?

Sawin & Shea

In most cases, Chapter 7 rules protect assets that are classified as exempt at the time you file versus unsecured debt which is not protected. Unsecured debt includes things like credit card debt, medical debt, and personal loans. Chapter 7 looks at assets that you owned at the time you filed.