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CLEVELAND
BANKRUPTCY INFORMATION CENTER
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Cleveland
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Chapter is Right For Me?
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Cleveland Bankruptcy FAQ
Please take time to review the frequently
asked questions about bankruptcy
in Cleveland, carefully selected and answered by our professionals:
What is Bankruptcy?
Bankruptcy is a Federal Law (11USC)
created for the sole purpose of giving debt relief to individuals and
businesses. Congress recognized that many people many people will run
into financial difficulty throughout their life time so they created
bankruptcy laws to protect them from their creditors. Congress
understood that there will be many people who want to repay their
creditors, but due to unforseen hardships (ie, divorce, high medical
bills, loss of a job, etc) they simply cannot repay their creditors.
How do I know if I qualify?
The question is not “Do I Qualify?” Instead, the question is “Do I Need
to File?” Everyone qualifies for some form of bankruptcy (Chapter 7, 13,
etc.) . But not everyone needs to file bankruptcy. We find that we
recommend filing bankruptcy to about fifty percent of the people with
whom we meet .
The “New” bankruptcy law that was passed in October of 2005 was intended
by Congress to make it more difficult for individuals to file
bankruptcy. However, in our experience, about 95% of people who
qualified for chapter 7 bankruptcy before the new law was passed, still
qualify for chapter chapter 7 bankruptcy. Those that no longer qualify,
still qualify for chapter 13 bankruptcy. The question of which
bankruptcy chapter is right for you, of course, depends on many factors
specific to your case and can only be answered after a full, free
consultation with one of our experienced attorneys.
Is bankruptcy right for me?
Bankruptcy is not right for everyone. Bankruptcy should be used only as
a last resort. However, the question then becomes, “When is it a last
resort?” We can help you answer this question. My basic rule to answer
this question is, “Can you repay your debts within a reasonable period
of time AND still live a comfortable, stress free life? If not, then
bankruptcy should be a strong consideration.
What advice can a bankruptcy attorney give me?
At the conclusion of your initial FREE consultation with one of our
highly trained bankruptcy attorneys, the attorney will give you candid
advice on the following:
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Whether or not you should file bankruptcy. Unlike some attorneys, we
will actually advise you NOT to file bankruptcy if we do not believe it
would be in your best interest;
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How to plan, if necessary, for the bankruptcy filing;
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The cost to file bankruptcy;
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The pros and cons and consequences of filing bankruptcy;
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Outline the bankruptcy process;
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What can be done to rebuild your credit after bankruptcy.
How should I choose a bankruptcy attorney?
You must feel comfortable with the attorney you hire. The following are
some items to look for:
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Make sure the attorney offers a free consultation;
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Make sure the attorney spends as much time with you as necessary to
fully answer all of your questions;
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Make sure the attorney gives you candid advice as to whether or not
you should file bankruptcy;
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Make sure the attorney gives you candid advice about which chapter of
bankruptcy you should file. The attorney fees for a chapter 13 are
typically much higher than those in a chapter 7.
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Make sure the attorney is highly experienced
not just in bankruptcy, but with foreclosures and all other aspects of
your entire situation.
Is my first consultation free?
Yes. You will meet with a highly experienced
Cleveland bankruptcy
lawyer during your first consultation. The first consultation is FREE
and there is no obligation to file bankruptcy and no obligation to even
hire our firm.
Do I have any obligation to file bankruptcy?
ABSOLUTELY NOT. Don’t let anyone tell you that you MUST file bankruptcy.
There may be financial reasons why it would definitely be in your best
interest to do so, but there will never be an obligation. If you meet
with one of our experienced bankruptcy attorneys, you WILL get very
candid advice about whether or not you should file for bankruptcy. You
WON’T get an attorney placing pressure on you to file bankruptcy. Many
of our clients come to us by referrals from former clients AND people
who met initially with one of our experienced bankruptcy attorneys but
did not end up filing after receiving candid advice from the attorney.
Therefore, it is our belief, not only do we owe it to prospective
clients to give candid advice to prospective clients, we believe that,
by doing so, the prospective client will be so satisfied with the advice
we gave them, that they will recommend their friends to our law firm.
What is the cost of Bankruptcy?
The cost to file bankruptcy depends on many factors: which chapter is
filed (Chapter 7 or Chapter 13), the type and number of creditors, the
type and amount of non-exempt (if any non-exempt assets), the existence
of any lawsuits pending against you, etc. Therefore, we cannot quote you
a fee until after one of our experienced bankruptcy attorneys concludes
the initial consultation. It would be quite simple for our firm, like
many others, to have a “one price” policy whereby we quote and charge
everyone the same price to file bankruptcy. However, we believe most
people do not have complex financial issues. In these situations, we are
able to lower our fee to make the filing of a bankruptcy more affordable
to more people. Our firm is situated that we are able to offer lower
fees than most or all other bankruptcy firms.
What do I need to bring to my first consultation?
Very little. The objective of the first free consultation with your
experienced bankruptcy attorney is to educate and inform you of all your
bankruptcy and non-bankruptcy options, answer all of your questions, and
for your experienced bankruptcy attorney to gather enough information
about your financial situation so he or she can give you candid advise
about your options. Therefore, the only thing we really need at your
first free initial consultation is YOU. We simply need the “big
picture.” We need to ask you a lot of questions. While not necessary at
your first free initial consultation, it will be helpful if you can
bring some of your most recent pay stubs and a list of your creditors
with the approximate amount owed.
What is an exempt asset?
An exempt asset is an asset that cannot be taken away from you by the
bankruptcy trustee if you file bankruptcy. Asset exemption can become
complicated so it is highly recommended that you hire an experienced
bankruptcy attorney. Very few people we meet during their free initial
consultation have any non-exempt property. Most people have a home, a
car, household items, and retirement accounts, all of which are exempt
in bankruptcy. Therefore, it is only on occasion that we meet someone
who has non-exempt assets.
Can I keep my property?
Usually. Very few people that we meet during their free initial
consultation have any non-exempt property. Most people have a home, a
car, household items, and retirement accounts, all of which are usually
exempt in bankruptcy. It is only on occasion that we meet someone who
has non-exempt assets. Therefore, the vast majority of people we meet
will be able to keep all of their property.
Will creditors still be able to harass me?
No. One of the great benefits of filing bankruptcy is, as of the date
your bankruptcy is filed, all of your creditors are prohibited from
calling you, writing you letters, or taking any further collection
activity against you. This means your credits will no longer be able to
call you at home or at work or at all hours of the day and night, they
won’t be able to send you nasty collection letters, and they won’t be
able to file a lawsuit against you.
Can I pay some creditors if I want to?
Sometimes, depending on the amount of the debt. However, the question
then becomes, “Why do you want to?” Some clients want to re-pay some
creditors for the following reasons: the creditor may be a family
member, the debt may be a small amount, or you may want to continue
using the services of the creditor after you file bankruptcy. If you
want to continue paying a creditor (ie, a credit card) even after you
file bankruptcy, please be aware that the creditor will most likely
terminate your privileges after you file bankruptcy. While there may be
some legitimate reason to repay some creditors, in most cases it is not
in your best interest to do so.
Does my spouse have to file with me?
No. However, it may be in your spouse’s best interest to do so. An
experienced lawyer will advise you during your free initial consultation
whether or not it is in your and your spouse’s best interest to exclude
your spouse from your bankruptcy fling. It will be entirely your
spouse’s decision as to whether or not he or she files bankruptcy with
you.
Will filing bankruptcy hurt my credit?
Not usually. This is one of the most frequently asked questions we get
and it is a very good question. Our response to this question is always,
“How is your credit now?” If you have good credit and you are current
with your debt obligations, then, yes filing bankruptcy will most likely
hurt your credit. But if you are considering filing bankruptcy, then you
are probably in a situation where your credit is about to go bad anyway.
However, if you already have bad credit and are behind on payments to
creditors then I do not believe filing bankruptcy will hurt your credit
a great deal more.
In my opinion, there are two types of credit. Good credit and bad
credit. If your credit is already bad, can you make it more bad?
Generally speaking, the answer is no. However, the true answer to this
question can only be given after you meet with an experienced attorney.
To find out more contact a
Cleveland
Bankruptcy Attorney for a free initial consultation. We will
always explain the consequences of any action to you, including the
impact to your credit score.
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CLEVELAND
OFFICE LOCATION
Cleveland (Main Office)
21380 Lorain Ave
Suite 201
Fairview Park, Ohio 44126
Phone: 440-447-0331
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Please give me a call. I will be sure
that you are fully informed of the consequences of your choices.
Whether you need bankruptcy, foreclosure assistance, short sale, or just
trying to save your home, you have to understand how this will effect
your future.
I will personally make sure that you get the
best information and treatment. Being in debt and fighting
for your home is a very trying time. You need someone who will be able
to explain your rights and help you and your family rebuild.
I look forward to being your trusted advisor
and assisting you in making the decisions you need.
Sincerely,
Angelo Russo, Esq.
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