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- Dos and Dont’s in Bankruptcy
- Emergency Bankruptcy Filing
- How Often Can You File Bankruptcy in Alabama
- Huntsville Bankruptcy
- Medical Bills in Bankruptcy
- Non Dischareable Debts
- Student Loans in Bankruptcy
- Taxes in Bankruptcy
- Wage Garnishments
Best Alabama Bankruptcy Lawyer Near Me
We can help you in Huntsville, Decatur, Scottsboro, Cullman, Athens, and the surrounding areas.
Are you getting endless calls day and night from creditors? Are you searching for the “best bankruptcy lawyer near me,” hoping to get help? Are your bills piling up, and you have no idea how you are going to pay them? Are you considering filing for bankruptcy? It is estimated that a wave of bankruptcy filings will happen in 2023. For over 60 combined years, the attorneys at the Law Offices of Ferguson & Ferguson have been fighting for the consumers of Alabama. We offer no-obligation, free consultations in all bankruptcy cases. We understand what you are going through, and we are here to help. Our bankruptcy fees are among the lowest in the North Alabama area. We can often quote you a fee immediately when you call after just a few simple questions. We offer flexible payment plans for all matters and can often file a Chapter 7 bankruptcy the next day. Make sure to call us if you have any questions or want a free phone consultation. Give us a call and see just how affordable our bankruptcy fees can be. CALL NOW. If you need a bankruptcy lawyer, call 256-534-3435 or 256-350-7200.
You probably did not happen upon our bankruptcy website by chance. You probably came here looking for answers or solutions to your financial problems. Overwhelming debt can be devastating, both financially and emotionally. No matter how much you work, you can’t pay the bills. When the phone rings, you don’t want to answer. Letters from creditors remain unopened. You want to run away from the debt, but wherever you look, there are more bills, more calls, and more missed payments. Bankruptcy laws allow individuals such as yourself the opportunity to eliminate debts caused by past mistakes or unforeseen circumstances. The objective of this bankruptcy website is to provide you with all the information you need to make an informed decision. Our website offers helpful links along with a glossary of bankruptcy terms like trustee, creditor, and means test. By reading the information we have provided on this site, you will have a good understanding of what the law allows when you meet with one of our Huntsville or Decatur bankruptcy lawyers.
Helping Huntsville and Decatur Debtors Eliminate Debt Through Bankruptcy
In 2017, over 1 million Americans filed for personal bankruptcy. Filing for bankruptcy can be a difficult decision to make. It is in your best interests to hire a Huntsville bankruptcy law firm that will do more than just file your bankruptcy. Financial problems place a great deal of stress on families and households. Often, the only solution a person can find is to file for personal bankruptcy. Our experienced Huntsville bankruptcy lawyers understand the stress you are under. Our experienced and reputable Huntsville, Alabama, bankruptcy lawyers will skillfully navigate your case through the complexities of the court system. Bankruptcy can sometimes be overwhelming, but we will be with you all the way. We will explain the bankruptcy laws to ensure a smooth bankruptcy process. At the Huntsville and Decatur, Alabama, law offices of Ferguson & Ferguson, we understand your anxiety about your financial situation and offer you solutions. Our policy is to provide personal, one-on-one service throughout the entire process. Your calls and questions are our primary concern, and your comfort during the process is our mission.
What Can Bankruptcy Do For Me?
If you are being pursued by creditors, at risk of losing your home, or facing vehicle repossession, filing bankruptcy can help by stopping all debt collection efforts in their tracks. By law, once a bankruptcy petition is filed with the court, collection calls, foreclosure activity, and automobile repossessions must be halted until the bankruptcy process is completed. During this time, you will not receive harassing collection calls and will be able to stay in your home and keep your car. Ferguson & Ferguson is an experienced bankruptcy firm committed to helping our clients achieve the financial freedom that they deserve. Bankruptcy laws allow individuals, such as yourself, the opportunity to repay or eliminate debts. If you’re thinking that bankruptcy means losing everything, think again. Our Huntsville attorneys have helped thousands of clients get rid of their debts, and most of them keep everything they own and lose only the time it takes to pick up the phone and ask for help.
Types of Bankruptcy: Bankruptcy Chapter 7 & Bankruptcy Chapter 13
Chapter 7 and Chapter 13 bankruptcies are the most common consumer bankruptcy types. Chapter 7 bankruptcy involves the liquidation and distribution of assets to creditors. In Chapter 7, unsecured debts are fully discharged, leaving you with no further obligations to make payments on unsecured debts like credit cards, medical bills, signature loans, etc. Chapter 13 bankruptcy involves rehabilitation and government protection. In a Chapter 13 bankruptcy, a court-approved payment reorganization plan is set up based on the amount that a debtor can pay every month without suffering undue hardship. In both cases, a means test must be done to make sure you qualify.
If you are currently interested in filing for a Chapter 7 or a Chapter 13 bankruptcy, you might be asking yourself, “What will I lose?” or you could even be interested in the benefits and disadvantages in Chapter 7 vs. Chapter 13. Our legal team has the experience that you need to handle the bankruptcy process and know the tricks of the trade to help defend your legal rights. By working with our firm, you will be able to breathe easier knowing that you will have an experienced advocate on your side who is deeply invested in the outcome of your bankruptcy case.
Frequently Asked Questions About Bankruptcy in Alabama
Below are answers to common questions about Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt relief, wage garnishment, foreclosure, creditor harassment, and the bankruptcy process in Alabama.
1. What does an Alabama bankruptcy lawyer do?
An Alabama bankruptcy lawyer reviews your financial circumstances, explains your debt-relief options, determines whether Chapter 7 or Chapter 13 bankruptcy may be appropriate, prepares the required documents, communicates with creditors, and represents you throughout the bankruptcy process.
2. What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 bankruptcy generally allows eligible consumers to discharge qualifying unsecured debts without entering a long-term repayment plan. Chapter 13 bankruptcy generally allows individuals with regular income to repay some or all of their debts through a court-approved repayment plan that usually lasts three to five years.
3. How do I know whether I qualify for Chapter 7 bankruptcy?
Chapter 7 eligibility depends on several factors, including your household income, household size, allowable expenses, previous bankruptcy filings, assets, debts, and the results of the bankruptcy means test. A bankruptcy attorney can review your circumstances and explain whether you are likely to qualify.
4. What is the bankruptcy means test?
The bankruptcy means test compares a debtor’s household income and allowable expenses with applicable state and federal standards. It is primarily used to determine whether an individual may qualify for Chapter 7 bankruptcy or has enough disposable income to repay a portion of the debt through Chapter 13.
5. Can bankruptcy stop creditor calls?
Filing a bankruptcy case generally creates an automatic stay. The automatic stay prohibits most creditors and debt collectors from continuing collection calls, letters, lawsuits, and other collection efforts while the bankruptcy protection remains in effect.
6. Can filing bankruptcy stop a wage garnishment?
A bankruptcy filing can generally stop many wage garnishments through the automatic stay. However, some obligations, including certain child support and domestic-support debts, may be treated differently. An attorney should review the type of debt and the status of the garnishment.
7. Can bankruptcy stop foreclosure in Alabama?
A bankruptcy filing may temporarily stop or delay a foreclosure through the automatic stay. Chapter 13 bankruptcy may allow some homeowners to catch up on overdue mortgage payments through a repayment plan. The available options depend on the timing of the filing, the foreclosure status, income, and other circumstances.
8. Can bankruptcy stop a vehicle repossession?
The automatic stay may temporarily stop a pending vehicle repossession after a bankruptcy case is filed. Whether you can keep the vehicle depends on factors such as the loan balance, missed payments, the value of the vehicle, available exemptions, the bankruptcy chapter, and your ability to make future payments.
9. Can credit card debt be discharged in bankruptcy?
Most ordinary credit card debt is unsecured debt and may qualify for discharge in bankruptcy. However, debts associated with fraud, false statements, certain recent luxury purchases, or large cash advances may be challenged or excluded from discharge.
10. Can medical bills be included in bankruptcy?
Medical bills are generally treated as unsecured debts and can usually be included in a consumer bankruptcy case. Their treatment will depend on whether you file Chapter 7 or Chapter 13 and on your overall financial circumstances.
11. Can personal loans be discharged in bankruptcy?
Many unsecured personal loans may qualify for discharge in bankruptcy. A personal loan may receive different treatment if it is secured by property, guaranteed by another person, or connected to fraud or another exception to discharge.
12. Can tax debt be discharged in bankruptcy?
Some older income-tax debts may qualify for discharge when specific filing, assessment, and timing requirements are satisfied. Recent taxes, payroll taxes, tax liens, and certain other tax obligations may not be dischargeable. Tax debt should be reviewed individually by a bankruptcy attorney.
13. Can student loans be discharged in bankruptcy?
Student loans are generally more difficult to discharge than ordinary unsecured debts. A debtor usually must file an additional court proceeding and satisfy the applicable legal standard for undue hardship or establish another recognized basis for relief.
14. Will I lose everything if I file bankruptcy?
Filing bankruptcy does not automatically mean that you will lose everything you own. Bankruptcy exemption laws may protect qualifying property and equity. The outcome depends on the type and value of your property, existing liens, available exemptions, and the bankruptcy chapter you file.
15. Can I keep my home if I file bankruptcy?
Whether you can keep your home depends on the amount of equity, available exemptions, mortgage-payment status, income, and the bankruptcy chapter. Chapter 13 may allow some homeowners to catch up on missed mortgage payments over time through a court-approved plan.
16. Can I keep my car if I file bankruptcy?
Many people are able to keep their vehicles after filing bankruptcy. The answer depends on the vehicle’s value, the amount owed, available exemptions, payment status, affordability, and how the secured vehicle debt is treated in the bankruptcy case.
17. What is the automatic stay?
The automatic stay is a federal bankruptcy protection that generally begins when a bankruptcy case is filed. It temporarily prevents most creditors from continuing collection actions, lawsuits, garnishments, repossessions, and foreclosure proceedings without first obtaining permission from the bankruptcy court.
18. What is a bankruptcy discharge?
A bankruptcy discharge releases a debtor from personal liability for qualifying debts. After a debt has been discharged, creditors are generally prohibited from attempting to collect that debt from the debtor personally.
19. Are all debts discharged in bankruptcy?
No. Certain debts may not be discharged, including many child support and alimony obligations, certain taxes, most student loans, criminal fines, and debts resulting from fraud or certain intentional misconduct. Each debt should be reviewed individually.
20. How long does a Chapter 7 bankruptcy take?
A routine Chapter 7 consumer bankruptcy case may often reach discharge within several months. The exact timing depends on the court’s schedule, the completeness of the required documents, creditor issues, property questions, and other case-specific circumstances.
21. How long does a Chapter 13 bankruptcy take?
A Chapter 13 repayment plan generally lasts three to five years. The length of the plan depends on household income, applicable bankruptcy requirements, the proposed repayment plan, and how secured, priority, and unsecured debts are treated.
22. Do I have to complete credit counseling before filing bankruptcy?
Most individual bankruptcy filers must complete an approved credit-counseling course before filing, subject to limited exceptions. A separate financial-management course is generally required after the case is filed before the debtor can receive a discharge.
23. Can married couples file bankruptcy together?
Married couples may file a joint bankruptcy case, but they are not always required to do so. Whether a joint or individual filing is more appropriate depends on who owes the debts, household income, ownership of property, available exemptions, and the couple’s financial goals.
24. Can I file bankruptcy without my spouse?
A married person can generally file bankruptcy without the spouse filing. However, the non-filing spouse’s income, jointly owned property, household expenses, and joint debts may still affect the case and may need to be disclosed.
25. Can bankruptcy eliminate a court judgment?
Bankruptcy may discharge personal liability for certain judgment debts. However, a judgment lien attached to property may require separate legal action. Judgments involving fraud, intentional injury, or other non-dischargeable conduct may receive different treatment.
26. How often can someone file bankruptcy?
A person may file another bankruptcy case, but eligibility for a new discharge depends on the chapter of the previous case, the chapter of the new case, the dates of prior filings and discharges, and whether an earlier case was dismissed. A bankruptcy attorney can determine which time limits apply.
27. Will bankruptcy affect my credit?
Bankruptcy can remain on a consumer credit report for several years and may affect access to new credit. However, many people considering bankruptcy already have late payments, collections, judgments, high balances, or other negative information affecting their credit.
28. Can I rebuild my credit after bankruptcy?
Yes. Credit may be rebuilt after bankruptcy by making payments on time, following a realistic budget, reviewing credit reports for errors, maintaining stable income, using new credit carefully, and avoiding excessive new debt.
29. What documents should I bring to a bankruptcy consultation?
Helpful documents may include recent pay stubs, tax returns, bank statements, mortgage statements, vehicle-loan statements, collection letters, lawsuits, garnishment papers, creditor statements, and information about your property, income, debts, and monthly expenses.
30. Does Ferguson & Ferguson offer free bankruptcy consultations?
Yes. Ferguson & Ferguson offers free, no-obligation consultations for individuals considering bankruptcy or other debt-relief options. You can contact the Huntsville office at 256-534-3435 or the Decatur office at 256-350-7200.
31. Where are the Ferguson & Ferguson bankruptcy offices located?
The Huntsville office is located at 303 Williams Avenue SW, Suite 321, Huntsville, Alabama 35801. The Decatur office is located at 211 Oak Street NE, Decatur, Alabama 35601.
32. What areas do the Ferguson & Ferguson bankruptcy lawyers serve?
Ferguson & Ferguson assists bankruptcy clients in Huntsville, Decatur, Athens, Scottsboro, Cullman, Madison County, Morgan County, Limestone County, and other communities throughout North Alabama.
Speak With an Alabama Bankruptcy Lawyer
If credit card debt, medical bills, wage garnishment, foreclosure, repossession, or creditor harassment is creating financial hardship, speak with the bankruptcy lawyers at Ferguson & Ferguson. We can review your circumstances and explain whether Chapter 7, Chapter 13, or another debt-relief option may be appropriate.
Call our Huntsville office at 256-534-3435 or our Decatur office at 256-350-7200 to request a free consultation.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601