What Do I Do If... ?
I need to file bankruptcy but I don't have all the money to pay a once?
I have filed bankruptcy and one of my creditor notices came back undeliverable?
I have received a foreclosure notice on my house.
I just got a call from my bank, they're coming to get my car?
I just received a notice in the mail that my wages will be garnished?
I continue to get bills from creditors listed in my bankruptcy?
I just got something in the mail from the bankruptcy court?
I need to file bankruptcy but I don't have all the money to pay a once?
Don't worry, we have payment plans. Most of the folks I talk to are overwhelmed with debt and don't have any extra money. When you meet with me, I will explain to you how you can stop paying some debts, safely, so you will be able to free up the funds to pay for your bankruptcy. Sometimes, if your wages are being garnished, it may be necessary to borrow the money from a family member or friend in order to get filed quickly. Only the actual filing stops the garnishment. If your wages are not being garnished, however, you can relax: It takes one to two months for a court judgment to be entered against you. Most of the time, if you're simply being harassed by creditors, you are easily one to two months away from any serious threat to your paycheck or bank account.
I have filed bankruptcy and one of my creditor notices came back undeliverable?
If the creditor is not notified, the creditor may later attempt to collect the debt, and this will be a problem. However, if you can get the correct address for the creditor, we can change your petition, correct the address, and notify the creditor so that the creditor will be able to correct its records.
I have received a foreclosure notice on my house?
If you intended to surrender your home, the foreclosure must be completed before you can be forced out of your home. The foreclosure process typically takes anywhere from 6 to 12 months depending on where you live and other factors. If, however, you intended to catch up your missed house payments in a Chapter 13, it is imperative that the plan is filed before the foreclosure sale. If this is not done, you'll lose your ability to keep your house. Do not worry about a sheriff showing up at your home any time soon after you've been served with the foreclosure papers. Foreclosures take months before the house can even be sold.
I just got a call from my bank, they're coming to get my car?
This is a serious threat. Without having a bankruptcy filed, you have no protection. If the bank is after your car then that means you are behind in the car payments. I generally recommend that people take whatever steps they can in order to get the car payments caught up if they're planning on filing a Chapter 7 and keeping the car. This may even include delaying the filing of the bankruptcy so that you can become current in your car payment. Most people need their car to get back and forth to work so they can earn money to support themselves and their family.
If on the other hand you're going to file a Chapter 13, it may be to your benefit to file the bankruptcy case first, and not worry about catching up the car payment. The car will be paid for in the Chapter 13 and a creditor cannot repossess the car after the case is filed.
I just received a notice in the mail that my wages will be garnished?
In Ohio, you have 15 days to make a voluntary payment to avoid garnishment. If you look at the document you'll see this explained. If you can get Bankruptcy filed within 15 days (and we can do this in our office with our special rush process), you will not have to worry about making any payment as a result of this notice. However, if you ignore the notice and don't make a payment, the creditor will be free to apply to the court to obtain a garnishment order. Therefore, you should consider these garnishment warnings as a call for immediate action.
I continue to get bills from creditors listed in my bankruptcy?
Some creditors have automated billing departments that take two or three months in order to figure out that you filed bankruptcy. If all they're doing is sending you bills, you can throw the bills in the trash can. However, if you get a telephone call from the creditor you may tell them that you have filed and give them your case number, or simply tell them to call my office. You should not engage in any conversation with a creditor, nor should you respond to any of the bills you may have received. If you have any questions with respect to correspondence that you received after filing please contact our office.
I just got something in the mail from the bankruptcy court?
For some reason or another we seem to get our mail a day or two after all our clients get theirs. It is not necessary for you to contact the office when you get a piece of mail from the court. Oftentimes, you are simply being a given a copy of the document because the law requires you to be given a copy. If you need to do anything or if we need you to provide us with any information, you'll hear it from us directly. There is no need for you call the office every time you get a piece of mail from the court. In a bankruptcy, you'll get lots of mail from the court, and we will get it too. If you need to do something or we need something from you, we will contact you.