THE BANKRUPTCY EXPERT!
Helping People Eliminate Debt and Get a Fresh Start
Our experienced Bankruptcy Lawyers and Attorneys will help you get out of debt by filing Bankruptcy. Chapter 7 Bankruptcy? Chapter 13 Bankruptcy? Frozen Bank Accounts and Wage Garnishments? Debt Consolidation not working? In Mortgage Foreclosure? So many questions and not enough answers? What should you do?
The hope of being able to answer the phone without fear, being able to open the mailbox without threatening collection letters, etc. is reason to consider Bankruptcy.
We are Bankruptcy Lawyers who can help you file Bankruptcy. As Bankruptcy Attorneys, we serve Queens, Nassau and all of New York. We are Board Certified in Consumer Bankruptcy Law by the American Board of Certification.
The following is a list of Common Questions About Bankruptcy
Can I still file for Bankruptcy? Yes! Although the changes to the Bankruptcy laws that took effect October 2005 have made it more difficult to file Bankruptcy, the Bankruptcy option is still there for you! There is a lot of misinformation (especially by debt collectors) about Bankruptcy under the new laws.
Some of the lies being circulated about Bankruptcy are as follows:
- You can go to jail if you file Bankruptcy
- You will have to repay 60% of your credit card debt if you file Bankruptcy
- Chapter 7 has been eliminated as a Bankruptcy option
- Creditors can recover legal fees from anyone who files Bankruptcy
- You will be audited for the last 4 tax years if you file Bankruptcy
My bank account has been frozen and my paycheck is being garnished. Is there anything I can do? Yes! The first step is to make sure the creditor has legally froze your account or garnished your paycheck. However, in most cases, this is only a short term fix. Bankruptcy unfreezes most accounts and stops garnishments. Click here to read more about Frozen Bank Accounts and Garnishments.
What about Credit Card “Debt Consolidation” Companies? Most Credit Card “Debt Consolidation” programs do not work! These organizations want to suck every last dollar out of you. They come under the guise of cheap payment plans that help you avoid Bankruptcy (and your lawyer so you will not know your rights). The usual end result is you end up in more debt than when you called the “Debt Consolidation” company in the first place. Click here to read more about Credit Card “Debt Consolidation” Companies.
What about working directly with my Credit Card Company to lower my debt to them? For the most part, Credit Card Companies have the best scam going to keep you paying them money for a very, very long time. Click here to read more about Credit Card Companies.
Do I need a lawyer? There is no legal requirement to have a lawyer. However, you would be foolish not to hire one. Bankruptcy law is extremely complex! Most lawyers do not fully understand the Bankruptcy laws. Furthermore, the 2005 changes to the Bankruptcy code made this area of the law even more complicated. For example, if you do not file certain documents (and there are many), your case can be dismissed! If you file again, certain protections from your creditors do not apply to the second case. Statistics show that people who file Bankruptcy on their own, have an overwhelming chance of having their case dismissed or not having all their debts discharged! When this happens, you get all the burdens of filing for Bankruptcy (filing remains on your credit report, same creditors harassing you, etc.) with none of the benefits (getting rid of your dischargeable debt!). This is why it is so important to have an experienced Bankruptcy Attorney working for you (not to mention piece of mind knowing an experienced Bankruptcy Attorney is handling your case).
What about Bankruptcy petition preparers such as “We the People”? If you were seriously ill, would you go to someone who is not a doctor to cure you? Of course not. So why would you go to someone who is not a Bankruptcy Lawyer to solve a Bankruptcy problem. One Bankruptcy Judge has ruled that “We the People” services have “no value.” Remember, if you hire a typing service, they do not go to Court with you and are prohibited from giving you legal advice! The difference in price between a Bankruptcy Lawyer and a Bankruptcy typing service (which is what “We the People” are) is minimal. With so much at stake, it is worth going to someone who is not a licensed professional? Click here to read more on Bankruptcy Petition preparers such as “We the People.”
What if I can not afford a lawyer: I believe that in most situations, you can not afford not to have a lawyer. With such a complicated area of law such as Bankruptcy, the stakes are too high to go it alone or even worse, with a Bankruptcy Petition Preparer. If your Bankruptcy fails, you still have all the burdens of Bankruptcy (Bankruptcy on your credit report for up to ten years, same creditors harassing you, frozen bank accounts and wage garnishment, annoying phone calls, etc.) without any of the benefits (getting rid of your debt and getting a fresh start). Remember, payment plans are available.
Is the initial consultation free? Nothing is truly free in this world. Those who offer free consultations want to sell you something regardless of wether Bankruptcy is right for you. Why? Because a free consultation (which normally lasts thirty (30) minutes when done correctly) will lose time and money for them if you walk away. When this happens, it is hard to know if you are getting honest advice.
Here at The Law Offices of Neil E. Colmenares, P.C. we charge a nominal fee for up to a thirty (30) minute consultation. If we can help you, we will let you know. If you do not need legal help, we will let you know that as well. We have your best interests in mind. Not ours.
How long does it take to file for Bankruptcy? Once you supply this office with the required information, we can usually have your Bankruptcy filed within a couple of days. Assuming there are no irregularities in the case, a typical Chapter 7 Bankruptcy lasts approximately 100 days from start to finish. Chapter 13 Bankruptcy last between 3 to 5 years on average.
In the event of an emergency such as a foreclosure sale, we may be able to file an Emergency Bankruptcy the same day!
What if I am in Mortgage Foreclosure? Chapter 13 Bankruptcy may be your best option. Click here to read more about Mortgage Foreclosure.
Will I will lose all my property if I file Bankruptcy? Most people who file Bankruptcy do not lose any of their property. While there are limits on what you can keep, those who lose property are far and in between.
Can I get rid of Taxes in Bankruptcy? Yes! Limitations apply. In a recent case, we were able to discharge over $100,000.00 in personal income taxes for our client! There is no amount of tax liability that is too large or small to discharge. Click here to read more about Discharging Taxes.
Can I get rid of Student Loans in Bankruptcy? Yes. Although this is an uphill battle, it may be worth the effort. Click here to read more about Discharging Student Loans.
Can Bankruptcy affect my Immigration Status? No! It’s that simple.
What is Chapter 7 Bankruptcy? Chapter 7 Bankruptcy is the most common type of Bankruptcy filed. Click here to read more about Chapter 7 Bankruptcy.
What is Chapter 13 Bankruptcy? Chapter 13 Bankruptcy is a court ordered repayment plan. Click here to read more about Chapter 13 Bankruptcy.
What is Chapter 11 Bankruptcy? Chapter 11 Bankruptcy is quite complex. It is generally used for distressed businesses that want to reorganize.
What are the benefits of filing Bankruptcy?
- Stop those harassing phone calls from creditors and collection attorneys!
- Get rid of your dischargeable debt including but not limited to credit card debt, store card debt, medical bills, personal loans and deficiency judgments! Remember, despite what some collection agents may tell you, there is no minimum amount of debt required to be able to file for Bankruptcy.
- Stop garnishments and frozen bank accounts.
- Repair Credit
- Keep certain property (such as your car or your home) despite filing for Bankruptcy.
- Get rid of your dischargeable Judgments!
- Stop foreclosure!
- Get a fresh start!
Is it Moral to file Bankruptcy? One of the guiding principles of the founding fathers of this nation was that with limited exceptions, people should have the right to get a fresh start. This is evidenced by the fact that the U.S. Constitution states that Congress shall have the right to promulgate laws on Bankruptcy. Congress would not permit Bankruptcy as an option if they felt there was something wrong or immoral about it. There are many policy reasons for having Bankruptcy as an option but one reasons stand out. Iif Bankruptcy was not an option and individuals were stuck with a debt forever, the individual would probably work “off the books” to avoid having their wages garnished. This would lead to less tax revenues coming into the goverment to build schools, roads, hospitals, etc. In this scenario, no one wins! Not the creditor who is unable to collect, not the goverment due to no tax revenue being paid and last but not least, not the individual who will be “living in the shadows” unable to live as a constructive member of society. So to answer the question, Is it Moral to file Bankruptcy? The answer is a YES!
Why should I choose The Law Office of Neil E. Colmenares, P.C. to help me file Bankruptcy? Should you retain this office, we will be with you every step of the way including:
- Evaluate your entire financial situation.
- Determine which chapter of the Bankruptcy Code is best for you (we also advise if Bankruptcy is not in your best interest).
- Prepare your Bankruptcy Petition, Schedules, Statement of Financial Affairs, Chapter 13 Plan (if applicable) and all other necessary documents to commence your case. Unlike other law offices who give you stacks of paperwork to fill out, we prepare all the paperwork for you. This paperwork is normally about one inch thick.
- File your paperwork with the Bankruptcy Court.
- Notify all your creditors that an “automatic stay” is in effect (the automatic stay is a federal court injunction prohibiting almost all creditors from taking any action outside of the Bankruptcy Court to enforce their claim). This includes stopping those harassing phone calls and annoying letters. You will be able to answer your phone again in peace.
- Stop garnishment of your wages (limitations apply).
- Stop the foreclosure process (limitations apply).
- Represent you at the meeting of creditors (also known as the “trustee meeting” and the “341 hearing”). We will let you know the types of questions you are likely to encounter.
- Represent you at the confirmation hearing (applicable only to Chapter 13 cases).
Fear of answering your phone and living under threats from your creditors is no way to live. Stop those harassing phone calls, garnishments, frozen bank accounts and protect your home, car and retirement accounts. Get peace of mind and financial life back in order.
Consider Ordering Fight Back! The Ultimate DVD Guide to Eliminate Credit Card Debt. For less than what most lawyers will charge you for an hour of their time, I designed this product to help good people eliminate credit card debt on their own and without the need of a costly lawyer. I strongly suggest you order this product before spending thousands of dollars in the never ending cycle of living in debt slavery. YOU MAY WANT TO CONSIDER THIS OPTION BEFORE FILING BANKRUPTCY. Contact this office to see which option is best for you.
