Redfield Law Offices, LLC
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BANKRUPTCY INFORMATION


We are a debt relief agency.
We help people file bankruptcy relief under the Bankruptcy Code.


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Chapter 7


Chapter 7 is the basic consumer bankruptcy. It allows you to obtain a fresh start by eliminating most kinds of unsecured debt such as credit cards, medical bills, and deficiencies on repossessed vehicles. In most cases, you can keep all of your property. If you have a mortgage or a car loan and have no significant equity in your house or vehicle, you can reaffirm your secured debt and keep your house and your car. You can also choose to surrender your assets and be discharged from the debt.

Chapter 13


Sometimes, if you have too much equity in assets or your house is already in foreclosure, the only option for retaining yours assets is to file a Chapter 13 bankruptcy. Chapter 13 requires you to make payments within your budget to your creditors over a three to five year period. During this time, your creditors must accept payments under the plan as long as you adhere to it. As long as your plan is approved by the Court, many unsecured debts remaining after the plan has ended are discharged.

Bankruptcy Reform


The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective on October 17, 2005. This act makes major changes in the bankruptcy law and may affect your ability to file a Chapter 7 bankruptcy, but rather require you to file under Chapter 13. It also requires that you obtain credit counseling before and after a bankruptcy. We can help you to find out how the new law affects you.

Creditor Harassment


Once you have retained Redfield Law Offices, LLC, to file a bankruptcy on your behalf, you can refer those harassing telephone calls to us. And, once your bankruptcy is filed, you can feel free again to answer the telephone without screening your calls.

Garnishments


Just about the only way to stop a garnishment aside from paying the debt in full, is to file bankruptcy. Any monies taken from your check after a bankruptcy is filed must be returned to you.

Lawsuits


A judgment against you can result in a lien on your home and/or garnishment of your wages. Please contact us to discuss bankruptcy before a judgment is granted.

Foreclosure


A Chapter 13 bankruptcy will stop a foreclosure immediately and allow you to repay arrearages through a plan over a three to five year period.

Refinancing


Unfortunately, not all lenders truly have your best interest in mind when they convince you to sign over the remaining equity in your home. Before you refinance and end up with still more payments that you cannot afford, check out other alternatives, including bankruptcy.

What happens when you file bankruptcy?


When your petition is filed, the court sends a notice to all of your creditors. They are then subject to a stay and cannot engage in any collection activities against you. The phone calls and notices will stop.

About 30 days after you file, you must attend a meeting with the trustee in bankruptcy. Of course, your attorney will be there as well. Please note that you must have your drivers license or other photo identification and your social security card with you at this meeting. All of your creditors will have notice of the meeting and may attend if they choose to do so. Generally, creditors do not attend the meeting because there is little they can do to prevent a discharge under most circumstances. The trustee will verify that you qualify to file bankruptcy and will review your petition for accuracy.

After your creditors meeting you will have to wait about 60 days to receive your final discharge which relieves you of any obligation to pay the bills you listed in your Chapter 7 bankruptcy. During this time you should make sure that all reaffirmations are properly signed and filed with the court.

If you filed a Chapter 13 bankruptcy, you must begin your payments under the plan and continue your payments until the plan is complete before you will receive a discharge.

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