© 2013 Robert L. Shepard, Professional Law Corporation
Filing Bankruptcy does not make you a bad person, it just means that you have suffered
the greatest in theses hard times and there is literally no way to get out of the
debt you have incurred. There is help!
I believe that everyone should make an informed decision about bankruptcy after knowing their options. To further this aim, I will meet with you, answer all your questions, and explain exactly what a bankruptcy could do (or not do) for you before you spend a single penny or sign a single document. If and only if everything looks agreeable to you, will I then gladly move forward, file your bankruptcy, and guide you along the entire process.
In considering bankruptcy, the first question is whether you own any non-exempt assets. This can be a difficult question to answer, as there are different exemption schemes and various categories of assets that can have certain limits. If you are getting by on bare minimum then all your assets are almost certainly exempt. If you have non-exempt assets, in a Chapter 7, those assets will need to be surrendered or negotiated for. In a Chapter 13, you can keep all your non-exempt assets as part of the repayment plan you will make to the U.S. Trustee for three or five years.
The other big issue in determining in you file for Chapter 7 or Chapter 13 is the Means Test. This is a test based on your income, minus certain expenses, relative to your state’s medium income based on size of household. The idea here is if you make over a certain amount, you fail the means test and Chapter 7 will not be available to you.
There is no “better” between Chapter 7 and Chapter 13. Each offers pros and cons based on your unique situation. I will work with you and give you all the information needed so you can make a significant choice. Sometimes the best choice is not to file at all. At the end of the day, information is a good thing, especially when it is free. So contact me today and let me explain what a bankruptcy could do for you.