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Mr. Haubert is an outstanding attorney. I have had the pleasure of being represented by his office for over a year. In this time the firm has taken on exceedingly difficult tasks, and I am extremely grateful for Brandon Haubert for having the knowledge and experience to handle them flawlessly. The peace of mind that I receive from using the firm to protect my family's future is priceless. Anyone who is looking for a trust worthy, honest, and fair priced attorney should use Brandon Haubert. I truly believe that he cares about my family's future.
I really enjoyed meeting with Jessica and Brandon yesterday. It’s not the best circumstances, but they really put me at ease. They did an emergency filing for me which took a lot of stress off of me. I would really recommend wh Law.
Brandon and Jessica helped so much. They filed an emergency bankruptcy with $0 down and stopped my creditors fast. Stopping the stress was so worth it.
Courteous, knowledgeable, and helpful. They made a very difficult time a lot easier. I highly recommend them if you find yourself in need.
A chapter 7 bankruptcy case does not involve having to repay all of your debts. Instead, the bankruptcy trustee gathers and sells your nonexempt assets and uses the money from those assets to pay people you owe money to. In addition, the Bankruptcy Code and Arkansas Law will allow you to keep certain “exempt” property. However, the trustee will liquidate any nonexempt property you have.
Who is eligible for Chapter 7 Bankruptcy? If you make below the amounts below you are not subject to the means test and you can file for Chapter 7 bankruptcy.
1 Person Family $42,546
2 Person Family $52,621
3 Person Family $58,931
4 Person Family $66,712
5 Person Family $75,112
6 Person Family $83,512
7 Person Family $91,912
8 Person Family $100,312
9 Person Family $108,712
10 Person Family $117,112
If your household income is above the number above, you can still file Chapter 7 bankruptcy, if you pass the means test.
An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court, or if the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may file for bankruptcy under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a “fresh start.” The debtor has no liability for discharged debts. That simply means that once the bankruptcy court has granted a discharge of your debts, you are no longer responsible for paying them. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.
Chapter 13 bankruptcy is also called a wage earner’s plan. It helps people with regular income to create a plan to repay all or part of their debts. If you are reaffirming debt in a Chapter 7, then your payment in a Chapter 13 may not be more than a Chapter 7, in fact it may be less.
This depends on several issues:
If you are behind on your payments and you want to keep that property, then you need to file Chapter 13 instead of Chapter 7. Chapter 13 lets you stop foreclosures and repossessions, and lets you catch up on your payments. If your car was recently repossessed, then you can get it back.
Chapter 13 may save you money. Sometimes you can lower the amount you owe on your car if you purchased the care more than 910 days before you file bankruptcy. Also, you can lower your interest rate on your loan.
What if you don’t have the money to pay a bankruptcy lawyer? A Chapter 13 is cheaper to file. When you file a Chapter 13, you make your payment to the bankruptcy trustee and they pay your lawyer fees.
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Bad things happen to good people. If you are having problems paying your bills and it has you stressed, worried, or uncertain; then we can help you get a fresh start. At wh Law | We Help, we have helped clients deal with debt problems. We can help save homes from foreclosure and automobiles from repossession.501.891.6000
All of your pesky bills magically disappear and you are able to spend your money without being bothered by consequences!!! (Well, not exactly. If a bankruptcy attorney tells you that, you probably want to find a new one.) The first thing that happens when you hire a bankruptcy attorney to file in Arkansas is the “automatic stay.” As you might…
If you are facing serious financial hardship, you may be thinking about filing for bankruptcy. There are several different kinds. The most common type of bankruptcy in Arkansas is what’s known as Chapter 7 Bankruptcy. Only certain people qualify for Chapter 7 bankruptcy, however. If your monthly income is more than the median for the state of Arkansas, you must…