Bankruptcy Lawyers Boston MA

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If you’ve been injured/hurt from a car accident in West Newbury, Massachusetts, contact the personal injury lawyers near you and wrongful death attorneys at the Law Offices of Coleman & MacDonald. Coleman & MacDonald is a full-service law firm providing professional legal services in the following areas: Personal Injury, Workers Compensation, Criminal Law, U.S. Immigration Law, Real Estate, Landlord/Tenant Rights, Intellectual Property Law, Bankruptcy, Loan Modifications, and Civil Litigation. Call our attorneys and get the help and get a free consultation you need today.

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325 Central Street
Middleton, MA 01906

781-205-4735
Info@colemanmacdonald.com

Office Location:

143 Shaker Road Unit C# 204
East Longmeadow, MA 02028

413-224-2286
Info@colemanmacdonald.com

Charlotte Bankruptcy Attorney

Committed to Your Success & Satisfaction

If you are weighing your options for debt relief or are dealing with a bankruptcy issue, the Law Office of Kimberly A. Sheek is here to help you navigate this stressful time. I, Attorney Kimberly Sheek, have more than a decade of experience with which to help you achieve financial freedom. As your representative, I will work directly with you so that you benefit from fully qualified, individualized, and award-winning service.

What is more, I am known for my personalized method of care. Once my firm has received all necessary documents for your bankruptcy case, I can prepare an effective case strategy in a timely and professional manner. You can count on me to be there for you in your time of need.

At my law firm, I want to help you start a stronger chapter in life as soon as possible, and I am ready with the responsive service you deserve. As a dedicated bankruptcy lawyer in Charlotte, I am available for appointments Monday through Friday. I am ready to work hard on your behalf. Please don’t hesitate to contact the Law Office of Kimberly A. Sheek today.

Charlotte Chapter 7 Bankruptcy Attorney

Personalized & Effective Debt Relief Through Chapter 7

If you are drowning in debt and need fast, effective relief, Chapter 7 bankruptcy may be the solution for you. Chapter 7 is known as liquidation bankruptcy because it can clear all or most unsecured debt.

Debts that can be discharged in Chapter 7 bankruptcy include:
• Credit card debts
• Medical bills
• Debts from lawsuits
• Collection agency debts
• Overdue bills
• Personal loans

At the Law Office of Kimberly A. Sheek, I am known for providing well-informed advice and personalized guidance. With me, clients work directly with a knowledgeable Chapter 7 bankruptcy attorney in Charlotte from start to finish. I am here to get you through the process successfully.

Chapter 7 Bankruptcy Requirements

Not everybody will qualify for Chapter 7 due to income restrictions. You must make less than the median household income in your state to qualify (also known as the means test). You must also attend a meeting of creditors and participate in credit counseling courses.

You may also be unable to file for Chapter 7 if you had a prior bankruptcy case dismissed within the last 180 days due to allegations of fraud or abuse. Additionally, if you filed for and completed a Chapter 7 bankruptcy previously, you won’t be able to apply for Chapter 7 again for at least eight years.
If you do not qualify for Chapter 7 bankruptcy, you may benefit from Chapter 13 bankruptcy. I can advise you of your options and discuss the best possible solution to your financial troubles.

Will I Keep My Property after Chapter 7?

Chapter 7 allows for several exemptions. Many assets, such as small items, clothing, and furniture, have little to no liquidation value and can be kept in most cases. Most people are also able to keep their home and car after Chapter 7 if they are within exemption limits.

Some exemptions available to debtors in North Carolina include:
• Up to $35,000 for your homestead, or $60,000 for some debtors age 65 and older
• Clothing up to $5,000, plus $1,000 per dependent
• Up to $25,000 for college savings accounts, with some exceptions
• $3,500 for motor vehicles
• A “wildcard” of up to $5,000 of any unused portion of your homestead exemption

Additional exemptions exist for retirement accounts and earned wages. I can discuss what you may be able to keep and what you can expect during the process.

Start with a Free Debt Consultation

I have more than a decade of experience guiding clients through bankruptcy. I have represented thousands of cases and helped many of my clients find a fresh financial start. I listen to you and approach each case with unique solutions that serve your short- and long-term economic interests. You are not alone throughout the process because a Charlotte Chapter 7 bankruptcy lawyer will be there every step of the way.

FAQs about Bankruptcy

Call a Caring & Capable Bankruptcy Lawyer in Charlotte

Bankruptcy is confusing for many people. At the Law Office of Kimberly A. Sheek, I want to provide my clients with as much information as possible so they can make the best choices for their life. If you have any questions about your debt, please call me at (704) 842-9776.

What is a debtor?

color:#000;A debtor is a person who owes money to another party. If you owe money to a credit card, mortgage, auto loan, family member, etc., then you are a debtor. Almost everyone is a debtor.

What is a creditor?

A creditor is an individual who is owed money, such as a credit card company, mortgage lender, auto lender, rent-to-own company, etc. Think Bank of America, American Express, Barclays, Aaron’s, Wells Fargo, etc. They are all creditors.

Will creditors still call after bankruptcy is filed?

No creditors should call you once you file for bankruptcy. When a bankruptcy is filed, an injunction called an automatic stay goes into effect, which prohibits creditors from foreclosing, repossessing automobiles, making collection calls, sending collection letters, or taking any other action to collect a debt. After a bankruptcy is filed, the court will send a notice to all of a debtor’s creditors by mail.

The creditor is prohibited from taking any collection action against a debtor once the creditor is notified of a bankruptcy filing. After you file bankruptcy, you will no longer be harassed by creditors—all of the collection calls will stop and you will stop receiving the annoying past-due bills in the mail. It does not matter if you file a Chapter 7 or Chapter 13 bankruptcy. Either way, the automatic stay prohibits creditors from harassing you.

What is a reaffirmation agreement?

When a debtor files for Chapter 7 bankruptcy, he or she is asking the court to discharge (eliminate) their liability so that he or she no longer owes a creditor. The discharge applies to secured creditors, such as an auto lender or mortgage, but the lien survives dismissal. Once the release entered, secured creditors can no longer report missed payments, a foreclosure, or a repossession on a debtor’s credit report. Keep in mind that a debtor must still make the monthly payments if they want to keep the item(s) secured by the creditor’s lien.

Before 2005, debtors in Chapter 7 bankruptcy would typically propose a ride through, meaning that the debtor would keep the payments current, and the debtor would get to keep the creditor’s collateral. However, in 2005, Congress amended the bankruptcy code to allow secured creditors with liens on personal property (automobiles and rent-to-own furniture are the two most common examples) to repossess their collateral unless a reaffirmation agreement is signed.

A reaffirmation agreement is a new contract in which the debtor agrees to remain personally liable for the debt. If a reaffirmation agreement is signed, then the secured creditor can report late payments on the debtor’s credit report, report repossessions, or report a foreclosure. There are strict deadlines that must be filed or a secured creditor may repossess their collateral. It is always best to obtain the guidance of an experienced bankruptcy attorney when filing for Chapter 7 bankruptcy to ensure that your rights are protected.

My previous bankruptcy was dismissed. Can I file for bankruptcy again?

In most cases, debtors can re-file a new bankruptcy case even if the old case was dismissed. Generally, the court may look to see if the debtor’s financial circumstances have changed, such as obtaining a new job, a raise, or even deciding to let something go that the debtor was previously trying to keep in the old bankruptcy case. Most judges understand that people hit hard times—everyone does at some point in their lives. Remember that judges are people too. It is important to remember that if a debtor has filed more than two cases in one year or less, then a creditor may ask the court for permission to proceed with foreclosure or repossession. Generally, mortgage and auto lenders are the most likely to seek this extraordinary type of relief, but now it is very dependent upon the attorney representing the creditor.

Can I file for Chapter 13 bankruptcy to save my home from foreclosure?

Generally, a Chapter 13 bankruptcy can be filed to save a home from foreclosure. In North Carolina, foreclosure is started by the filing of a notice of hearing. The creditor must provide at least 20 days’ notice of the foreclosure hearing. At the foreclosure hearing, the clerk of court determines whether certain requirements have been satisfied. If the clerk determines that all of the requirements are satisfied, then the clerk will enter an order allowing the foreclosure sale to proceed. The creditor will also file a notice of sale that must provide at least 20 days’ notice of the foreclosure sale.

After the foreclosure sale is held, there is also a 10-day redemption period or upset bid period. If the Chapter 13 bankruptcy is filed during any point of the foreclosure process, then it will stop the foreclosure and give you time to bring your mortgage payments current through the bankruptcy case. It is important to keep in mind that during the foreclosure process, the mortgage lender or HOA is incurring attorney fees that may have to be paid back during the case. To keep the payments affordable, it is usually better to file for Chapter 13 bankruptcy sooner rather than later.

Do I need a bankruptcy attorney?

While it is possible to file for bankruptcy on your own, having an attorney to guide through the process can help you avoid common pitfalls and obstacles. An attorney receives extensive training in bankruptcy laws and has gone through the process many times. Your attorney can handle all the paperwork for you and recommend the best possible plan of action based on your unique circumstances. There is simply no substitute for the experience, knowledge, and insight of a trained and skilled legal professional.

How does bankruptcy work?

Bankruptcy allows debtors to discharge all or nearly all of their unsecured debt, depending on the type of chapter they file. Chapter 7 will generally wipe out most debt after nonexempt assets are liquidated, while Chapter 13 will require repayment plans to pay back a portion of the debt.

Can I keep my home and car in bankruptcy?

In Chapter 13, nearly all debtors are able to keep their home and car. In Chapter 7, you can keep your home and car if your equity does not exceed the exemption limits and you are able to maintain the payments. An attorney can review your unique scenario and give you a better idea of what you can expect to keep.

What debts can bankruptcy discharge?

Unsecured debt such as credit card bills, medical bills, and personal debt can be discharged through bankruptcy. It will either be discharged completely or you may need to repay a portion of the debt.

How is my credit score affected after bankruptcy?

Many people are afraid that filing for bankruptcy can ruin their credit scores. While bankruptcy will lower your score and stay on your report for several years, most people who are in debt already have low scores due to the outstanding debt. Doing nothing about the debt will only make your credit score worse.

Bankruptcy can resolve your debt and provide you with a fresh start to begin rebuilding your credit score. My law firm can provide you with tips on how to manage post-bankruptcy life and ways to restore your credit score.

Charlotte Chapter 7 Bankruptcy Attorney

Personalized & Effective Debt Relief Through Chapter 7

If you are drowning in debt and need fast, effective relief, Chapter 7 bankruptcy may be the solution for you. Chapter 7 is known as liquidation bankruptcy because it can clear all or most unsecured debt.

Debts that can be discharged in Chapter 7 bankruptcy include:
• Credit card debts
• Medical bills
• Debts from lawsuits
• Collection agency debts
• Overdue bills
• Personal loans

At the Law Office of Kimberly A. Sheek, I am known for providing well-informed advice and personalized guidance. With me, clients work directly with a knowledgeable Chapter 7 bankruptcy attorney in Charlotte from start to finish. I am here to successfully get you through the process.

Chapter 7 Bankruptcy Requirements

Not everybody will qualify for Chapter 7 due to income restrictions. You must make less than the median household income in your state in order to qualify (also known as the means test). You must also attend a meeting of creditors and participate in credit counseling courses.

You may also be unable to file for Chapter 7 if you had a prior bankruptcy case dismissed within the last 180 days due to allegations of fraud or abuse. Additionally, if you filed for and completed a Chapter 7 bankruptcy previously, you won’t be able to apply for Chapter 7 again for at least eight years.

If you do not qualify for Chapter 7 bankruptcy, you may benefit from Chapter 13 bankruptcy. I can advise you of your options and discuss the best possible solution to your financial troubles.

Will I Keep My Property after Chapter 7?

Chapter 7 allows for a number of exemptions. Many assets, such as small items, clothing, and furniture have little to no liquidation value and can be kept in most cases. Most people are also able to keep their home and car after Chapter 7 if they are within exemption limits.

Some exemptions available to debtors in North Carolina include:
• Up to $35,000 for your homestead, or $60,000 for some debtors age 65 and older
• Clothing up to $5,000, plus $1,000 per dependent
• Up to $25,000 for college savings accounts, with some exceptions
• $3,500 for motor vehicles
• A “wildcard” of up to $5,000 of any unused portion of your homestead exemption

Additional exemptions exist for retirement accounts and earned wages. I can discuss what you may be able to keep and what you can expect during the process.

Start with a Free Debt Consultation

I have more than a decade of experience guiding clients through bankruptcy. I have represented thousands of cases and helped many of my clients find a fresh financial start. I listen to you and approach each case with unique solutions that serve your short- and long-term financial interests. You are not alone throughout the process because a Charlotte Chapter 7 bankruptcy lawyer will be there every step of the way.

The Benefits of Bankruptcy

Restoring Your Financial Future

Bankruptcy is a word that still inspires anxiety and fear in our society. People assume that it is a death sentence to one’s financial health and that it signifies failure. The truth is bankruptcy presents many benefits for those in need of immediate financial relief. Although it will indeed leave a mark on your credit score for several years, the benefits of filing for bankruptcy far outweigh the temporary wound your credit may suffer.

Contact the Law Office of Kimberly A. Sheek today at 704-842-9776 for a free consultation!

The Advantages of Filing for Bankruptcy

Filing for bankruptcy is a fast and affordable way to overcome your debts and to put a stop to the incessant calls, bills, lawsuits, garnishments, threats of foreclosure, and threats of garnishment you are likely receiving from debt collectors.

Here are some of the benefits bankruptcy can provide:

  1. You get a start fresh: Assuming all of your debts are dischargeable, you will be able to get a brand new start when you file for a Chapter 7 bankruptcy. You will stop receiving phone calls from collection agencies, bills, and lawsuits. You will not have to repay all of those penalties, interest, and fees for missing your payments. Your fresh start will give you the opportunity to make that stressful overwhelming feeling of being crushed by debt behind you so you can build a brighter future quicker.
  2. You will receive credit education: When you file for bankruptcy, you are required by law to take credit education courses. Instead of looking at this requirement as a form of punishment, consider it an opportunity to learn how to rebuild your life quicker. Managing your finances can be difficult, so reap all of the benefits you can from this course and apply what you learn to your future.
  3. You can protect some of your assets: It is commonly believed that you will lose all of your assets when you file for bankruptcy, especially a Chapter 7 bankruptcy. Chapter 7 bankruptcy is often referred to as a liquidation bankruptcy, so it is no wonder why people assume their possessions will be seized. However, there are actually many exemptions that allow those filing for bankruptcy to hold onto many of their most prized possessions, including homes, furniture, housing, clothing, and vehicles. A clean slate does not mean you will be expected to start from scratch.
  4. You can finally start to repair your credit score: Yes, your bankruptcy will remain on your credit report for 7 to 10 years, but you can begin repairing your credit score immediately after filing for bankruptcy. If you are struggling to pay off debt, it is unlikely you would be able to pay it all off and rebuild your score in 7 to 10 years, so this is your best chance to restore your financial health.

Speak to an Experienced Bankruptcy Attorney Today!

If you are unable to repay your debts and wish to explore bankruptcy as an option, reach out to the team at the Law Office of Kimberly A. Sheek for skilled legal guidance. We can help ensure you make the best choice for your financial situation, so you can achieve the relief you need.

Chapter 13 Bankruptcy Lawyer in Charlotte

Find Financial Relief. Call the Law Office of Kimberly A. Sheek.

Chapter 13 is known as reorganization bankruptcy because it requires debtors to repay most of their debt through repayment plans. When you file for this type of bankruptcy, you must submit a proposal to the court that includes how you intend to pay back debt, which may include overdue mortgage payments, car loans, and other types of debt.

Repayment plans are determined by:
• The amount of debt you have
• Your disposable income—how much can you afford after necessary expenses
• Administrative fees
• Interest

If you are interested in filing for Chapter 13, contact me, a Charlotte bankruptcy lawyer, at the Law Office of Kimberly A. Sheek. I can review your situation to determine whether Chapter 13 is right for you or if you qualify for Chapter 7 bankruptcy. My law firm puts clients first and works hard to make sure that you receive effective guidance and care during the process.

Can Chapter 13 Bankruptcy Help Me?

Chapter 13 bankruptcy is a proven method that has helped countless debtors resolve their financial problems. If you do not qualify for Chapter 7 and are facing the foreclosure of your home, repossession of your vehicle, and large delinquencies, then you can absolutely benefit from filing for Chapter 13. The moment you file for bankruptcy, all collection actions must be halted. This means that your foreclosure and repossession will pause, and creditors are not permitted to harass you. Chapter 13 petitioners can also keep most of their possessions, such as their home and car.

What to Expect in Chapter 13

During a Chapter 13 case, a trustee will be appointed to review the proposed repayment plan from the debtor. There will be a meeting of creditors where the repayment plan is discussed with creditors. Next, there will be a confirmation hearing where the court will approve or reject the proposed plan. Once the plan is approved, you must begin making payments.

Chapter 13 bankruptcy can take anywhere from three to five years, after which the remaining debt will most likely be discharged once you have completed your payments.

Free Bankruptcy Consultation

For more information about filing for Chapter 13 or another type of debt relief option, contact my law firm. I can discuss your debts and advise you on the best possible way to resolve them.

Adversary Proceedings during Bankruptcy

Information on Adversary Proceedings in Charlotte

Some bankruptcy cases are less straightforward than others. In some circumstances, one party may object to a part of the bankruptcy, such as a creditor claiming that a debt should not be forgiven because of fraud or when a creditor has reason to believe that the bankruptcy filer is abusing the system.

The procedure in which this occurs is called an adversary proceeding. An adversary proceeding in a bankruptcy case arises when there is a dispute relating to certain debts. This is a formal objection or complaint that is held in front of a judge through a series of hearings or a trial. The adversary proceeding can be filed by a creditor, the bankruptcy trustee, or the debtor.

Not many bankruptcy cases involve adversarial hearings. But when a dispute does surface, it is important to be represented by a skilled bankruptcy lawyer. At the Law Office of Kimberly A. Sheek, I have substantial experience resolving disputes regarding bankruptcy debt in adversary hearings. As a Charlotte bankruptcy lawyer, I can navigate the intricate legal process with you and fiercely advocate on your behalf.

Common Reasons for Adversary Hearings in Bankruptcy

Most adversary hearings are initiated due to a dispute regarding the dischargeability of particular debts.

Some common reasons for adversary hearings in a bankruptcy case include the following:

  • A creditor may try to prevent certain debts from being discharged. If a debt was incurred right before filing bankruptcy, the creditor could claim intent to defraud.
  • A bankruptcy trustee can claim that the debtor lied on bankruptcy papers, hid assets, or attempted to abuse the system to prevent a discharge.
  • A debtor can file an adversary hearing to eliminate a second mortgage or to hold creditors liable for continuing collection efforts despite the automatic stay.
  • A former spouse can attempt to seek to recover payments for jointly acquired debt that was required in a divorce settlement.

Dealing with an Adversary Proceeding

If you have filed for Chapter 7 or Chapter 13 bankruptcy, the creditor may challenge a debt discharge. Since the discharge-ability action is, in fact, a lawsuit against you, it is essential to take prompt action and take it seriously. Your best bet will be to get the legal help of a Charlotte bankruptcy attorney to walk you through the adversary proceeding.

Guidance for Your Adversary Proceeding in Charlotte

The Law Office of Kimberly A. Sheek can provide hands-on guidance through each step of the bankruptcy process. I am a fierce litigator who can vigorously advocate for you in court and protect your financial interests.