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Can I get student loan relief without filing bankruptcy?

Posted by Melinda Dionne | Feb 02, 2015 | 0 Comments

Can I get student loan relief without filing bankruptcy? It's almost impossible to have student loans discharged in chapter 7 bankruptcy. Your only option is to show that repaying your loans would cause an extreme hardship on you or your dependents.  Very few people can demonstrate this to the co...

How Do I Rebuild My Credit After Bankruptcy?

Posted by Melinda Dionne | Oct 10, 2014 | 0 Comments

How do I rebuild my credit after bankruptcy? If you've recently filed for bankruptcy, you may be feeling a mix of relief and trepidation. You may also be asking yourself  “how do I rebuild my credit after bankruptcy?”  While having filed for bankruptcy can eliminate unsecured debts in the case...

D is for Divorce – Issues to consider before filing

Posted by Melinda Dionne | Jun 18, 2014 | 0 Comments

D is for Divorce – Issues to Consider before filing Bankruptcy and Divorce Bankruptcy and Divorce are very closely related; experiencing one often leads to the other. Sometimes, financial problems that are bad enough to lead to the filing of a Bankruptcy case can also result in the parties seekin...

C is for Child Support

Posted by Melinda Dionne | Oct 08, 2012 | 0 Comments

C is for Child Support – a special status in Bankruptcy. In an effort to help in the enforcement of child support orders, the Bankruptcy Code gives priority status to unpaid child support.  Priority Debts are generally non-dischargeable in bankruptcy, so a person who owes a priority debt will ...

Bankruptcy Lawyers to Avoid

Posted by Melinda Dionne | Jun 26, 2012 | 0 Comments

Bankruptcy Lawyers to Avoid Bankruptcy Mills – Welcome to Cattle Call! Bankruptcy Mills are firms that file large numbers of bankruptcy cases by using their staff to do most of the work.  Attorneys spend very little time, if any, with the clients.  Going to a Bankruptcy Mill is like cattle call. ...

Cheap Bankruptcy Lawyer

Posted by Melinda Dionne | Jun 23, 2012 | 0 Comments

Bankruptcy Fees and Price Shopping Let's assume you have a brain tumor.  You need to find the best surgeon to perform a life saving operation.  What is your first step?  Do you pick up the phone and call all the brain surgeons in town and ask what they charge for an operation like yours?  Can you...

Lessons From LeBron James on Debt Management

Posted by Melinda Dionne | Jun 22, 2012 | 0 Comments

Lessons from LeBron James I know a story about LeBron James on a Blog about getting out of debt seems more than a little strange.  But hang in there.  Maybe you will see the connection that struck me last night.  I'm not a big basketball fan.  I doubt 3 years ago I could have told you anything ab...

B is for Bifurcate

Posted by Melinda Dionne | Mar 11, 2012 | 0 Comments

B is for Bifurcate, which is a complicated word for a simple process. When you bifurcate a claim, you split it into a secured portion and an unsecured portion.  Unsecured creditors in Chapter 13 are not paid interest.  By bifurcating a claim, you can substantially reduce the amount you have to...

The ABC’s of Bankruptcy – A is for Address

Posted by Melinda Dionne | Mar 03, 2012 | 0 Comments

A is for Address – The Importance of Correct Addresses One of the most important things you should do as a debtor is provide your Tuscaloosa and Birmingham Bankruptcy lawyer a correspondence address for each of your creditors.  The address is usually found on your statement.  It is different fro...

Saving Your Car with A Chapter 13 Bankruptcy

Posted by Melinda Dionne | Oct 22, 2011 | 0 Comments

Saving Your Car with A Chapter 13 Bankruptcy – In Order to Do So, You Must File Chapter 13 BEFORE Your Car is Repossessed In the 11th Circuit Court of Appeals case of Lewis v. Charles R. Hall Motors, Inc. (In re Lewis), 137 F.3d 1280, 1282 (11th Cir.1998), the Appeals Court determined that Ala...

Reaffirmation, Surrender or Redemption in Chapter 7

Posted by Melinda Dionne | Oct 22, 2011 | 0 Comments

Reaffirmation, Surrender or Redemption? One of the decisions that a Chapter 7 debtor must make when filing a bankruptcy case is what to do with property securing a debt.  Debtors living in the area covered by the Eleventh Circuit Court of Appeals have one of three options.  A Debtor's options are...

Lien Stripping in Chapter 13

Posted by Melinda Dionne | Oct 17, 2011 | 0 Comments

Lien Stripping in Chapter 13 – Can it be done? What is Lien Stripping? Lien stripping is the process used to split (bifurcate) a secured claim into two parts. The first part of the claim is secured to the extent of the value of the property. The second part of the claim is treated as unsecured s...

Where Will My Bankruptcy Case Be Filed?

Posted by Melinda Dionne | Oct 13, 2011 | 0 Comments

The place where you live usually determines where your bankruptcy case will be filed. Your bankruptcy case will be filed in the federal district in which you have resided the longer of the last 180 days prior to the filing of your bankruptcy case.  It would also be proper to file a case in the pl...

20 Benefits of Filing A Chapter 13 Bankruptcy Case

Posted by Melinda Dionne | Oct 12, 2011 | 0 Comments

Chapter 13 Bankruptcy cases are sometimes called “Wage Earner's Plans” or “Debtor's Court.” In Chapter 13 you are given a chance to repay some, or all, of the debt you owe. If you pay less than 100% of your unsecured debt, your case is known as a “composition case.” Such cases are also sometimes ...

You Get What You Pay For in Bankruptcy

Posted by Melinda Dionne | Oct 11, 2011 | 0 Comments

The craze in the world of Bankruptcy these days seems to be attorneys offering to file a case for you for little or nothing. When I drive to Birmingham I always see signs for bankruptcies beginning at $599 or Internet adds for $629 or $999 total. As an experienced bankruptcy lawyer, I know that t...

Bankruptcy and the Debtor’s Responsibilities

Posted by Melinda Dionne | Oct 08, 2011 | 0 Comments

If you are serious about getting out of debt you have to step up to the plate and take charge. Getting out of debt takes work. Your bankruptcy lawyer cannot do all the work for you. You must be invested in your case if you want to get a fresh start. Providing Documents The first thing you need to...

How Much Will My Chapter 13 Payment Be?

Posted by Melinda Dionne | Oct 07, 2011 | 0 Comments

The amount that you must pay in a Chapter 13 bankruptcy case depends on several factors.  Those factors include the results from the means test (more about this later), how much disposable income you have, and how much equity you have in your assets. The Means Test One of the changes made to the ...

Can I file a Chapter 13 case if I am unemployed?

Posted by Melinda Dionne | Oct 07, 2011 | 0 Comments

Many people are facing long term unemployment and constant harassment from creditors.  People often ask if they can file a Chapter 13 bankruptcy case if they are unemployed. Yes, You Can File a Chapter 13 Case if You are Unemployed The question that you need to ask when considering qualification ...

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