Blogs

Will I be able to get a loan or credit card again if I file bankruptcy?

The answer to this question really depends on you. One of the biggest fears for most individuals who have filed bankruptcy is that they will never be able to buy a house or car in the future. After someone obtains a discharge from bankruptcy, they will be able to reestablish their credit and obtain new loans if they:

I Recently Received a Bankruptcy Discharge But Have Fallen Behind on My House Payments and Am Facing Foreclosure, Is There Anything I Can Do?

While there are time limitations for receiving a second discharge, in bankruptcy there are other ways to protect your home under the bankruptcy code. Let’s address the time limitations first. If you received a discharge under Chapter 7, you will not be eligible to file another Chapter 7 case in which you will receive a discharge until 8 years after the first case was filed. To receive a discharge under Chapter 13, you must wait 4 years after filing for Chapter 7 before you file the new case.

Do I Need an Attorney to File My Bankruptcy Petition?

You are not required to have an attorney to file bankruptcy and you are permitted to prepare your petition yourself or pay someone to prepare the documents for you. You should be very careful with trying to represent yourself or trusting another non-attorney to prepare your petition. Quite often, those that wish to represent themselves have to attend multiple hearings that are unnecessary had they just filed the petition correctly from the beginning.

Debunking Bankruptcy Myths: But Won't Bankruptcy Ruin My Credit for Seven Years?

This question, or some form of it, is asked by virtually every person that comes in to see us to discuss their financial problems. The answer is usually fairly simple. By the time they have come in to see us, their credit is already ruined! This doesn't necessarily mean that they have a bad credit score. Some folks manage to keep making minimum payments each month. Unfortunately, this is often done by taking cash advances against another card and or borrowing money from a payday loan store.

Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is found at 15 USC § 1692. It is a very powerful federal consumer statute packed into just six pages. The FDCPA was enacted by Congress on September 20, 1977 and became effective six months later. In formulating the Act, Congress articulated the purposes for the enactment of legislation as follows: “There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.

Bankruptcy Reorganization for Individuals

We often hear about corporations filing for bankruptcy reorganization. American Airlines, General Motors, Chrysler and Lehman Brothers are just a sampling of those which have filed to restructure their debt through a Chapter 11 bankruptcy. Here in Alabama, we have seen Jefferson County file for bankruptcy reorganization pursuant to Chapter 9 of the bankruptcy code. Family Farmers and Fisherman are allowed to restructure their debt utilizing Chapter 12 of the bankruptcy code.

Can You Include Payday Loans in a Bankruptcy?

This is a question that I am asked quite often and the simple answer is yes! Unfortunately, many people get involved with pay day lenders just trying to make ends meet. They then get into a vicious cycle of paying exorbitant interest on a post-dated check every week out of fear that the pay day lender will present the check to their bank and that it will bounce i.e. be returned as non-sufficient funds.

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Bond & Botes Law Offices

At Bond & Botes, we now offer full service bankruptcy consultation and filing over the phone or by video from the comfort and safety of your home or office. Please call 1-877-581-3396 or click here to setup your free phone or video consultation.

The lawyers at the Bond & Botes affiliated offices serve clients at offices in Anniston, Birmingham, Mobile, Montgomery, Opelika, Decatur, Huntsville, Florence, Haleyville and Gadsden, Alabama; Vicksburg, Hattiesburg and Jackson, Mississippi. Read our disclaimer here. You can view our Privacy Policy here.

Alabama Offices

Birmingham

2107 5th Avenue North
Age-Herald Building
Birmingham, Alabama 35203
Phone: (205) 802-2200


Shelby County Location
15 Southlake Lane, Ste 140
Birmingham, AL 35244
Phone: (205) 802-2200


Florence Location
121 S. Court Street
Florence, AL 35630
Phone: (256) 760-1010


Huntsville Location
225 Pratt Avenue NE
Huntsville, AL 35801
Phone: (256) 539-9899


Montgomery Location
311 Catoma Street
Montgomery, AL 36104
Phone: (334) 264-3363


Decatur Location
605 Bank Street
Decatur, AL 35601
Phone: (256) 355-2447


Haleyville Location
914 19th St.
Haleyville, AL 35565
Phone: (205) 486-3580


Gadsden Location
430-B Chestnut Street
Gadsden, AL 35901
Phone: (256) 485-0195


Opelika Location
216 South 8th Street
Opelika 36801
Phone: (334) 887-7666


Anniston Location
1302 Noble St #2C
Anniston, AL 36201
Phone: (256) 344-3559


Cullman Location
200 Second Avenue SW
Cullman, AL 35055
Phone: (256) 739-9866


Mississippi Offices

Jackson Location
120 Southpointe Dr., A
Byram, MS 39272
Phone: (601) 353-5000


Hattiesburg Location
607 Corinne St, Ste B8
Hattiesburg, MS 39401
Phone: (601) 264-7200


Vicksburg Location
1212 Farmer Street
Vicksburg, MS 39180
Phone: (601) 353-5000

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