- Home
- Bankruptcy Law
- Home
- Bankruptcy Law
Bankruptcy Attorney
Erase your debts for a fresh start.
Call: 203-586-1930 Or Request an Appointment
Expert and Reliable Chapter 7 Bankruptcy Attorney in Connecticut
Do you find yourself in financial difficulty? Are you experiencing creditor harassment, income garnishment, foreclosure threats, or car repossession? Whether it is a health issue that made you pay unexpected bills, a divorce, or losing a job, it may have resulted in unmanageable debts. Filing for bankruptcy can help by providing financial relief and giving a new start.
Located in Southbury, Connecticut, we help you with declaring Chapter 7 consumer bankruptcy and assist with medical debts, credit card debts, foreclosures, and asset protection. When you declare consumer bankruptcy, it can relieve many of your debts that were incurred for personal needs. We inform clients about the bankruptcy procedure and what to expect in terms of credit scores after filing for bankruptcy.
Offering skilled, nonjudgmental, and effective assistance to clients who need to file for bankruptcy, we help you achieve the following goals:
- Ensure a successful filing
- Handle the petition process’s technical facets
- Help eliminate all eligible debts
- Protect clients from harassment by creditors and collection agencies
- Save the client’s time and help achieve tangible results
Stop tossing and turning at night and call us today to find out how we can help.
Call: 203-586-1930
Or Request an Appointment
Why Choose Us As Your Probate Attorney?
We help you to break free from debt and take back your life
We have been serving clients for two decades in Southbury, Connecticut, and surrounding neighborhoods. We apply that expertise and professionalism to achieve your legal goals.
Every client has a unique situation. We offer tailored debt-relief solutions.
We strive to protect the interests of our clients through our diligence and unparalleled excellence. Our legal acumen and excellence have earned us a great reputation.
A specialized attorney can provide better legal guidance and immediate answers to relieve your debt. We have years of experience in offering Chapter 7 consumer bankruptcy services and getting your finances back on track.
Although many attorneys and law firms just take every financially troubled client through the bankruptcy process, we all know that this is not always the best option. We can look into alternatives to bankruptcy as well.
We put ourselves into your shoes and make you feel at home and important. We thoroughly explain your case and respond promptly to your queries.
DECADES OF REAL EXPERIENCE
We have been serving clients for two decades in Southbury, Connecticut, and surrounding neighborhoods. We apply that expertise and professionalism to achieve your legal goals.
RELEVANT EXPERIENCE
A specialized attorney can provide better legal guidance and immediate answers to relieve your debt. We have years of experience in offering Chapter 7 consumer bankruptcy services and getting your finances back on track.
TAILORED SOLUTIONS
Every client has a unique situation. We offer tailored debt-relief solutions.
HELP DETERMINING IF BANKRUPTCY IS THE BEST OPTION
Although many attorneys and law firms just take every financially troubled client through the bankruptcy process, we all know that this is not always the best option. We can look into alternatives to bankruptcy as well.
EXCELLENT REPUTATION
We strive to protect the interests of our clients through our diligence and unparalleled excellence. Our legal acumen and excellence have earned us a great reputation.
COMMUNICATION
We put ourselves into your shoes and make you feel at home and important. We thoroughly explain your case and respond promptly to your queries.
Bankruptcy Services We Offer
We offer clear, concise and client-focused advice
CHAPTER 7 BANKRUPTCY
We will guide you through the bankruptcy procedure, review your papers, and provide legal advice. The painful debt cycle will be broken after filing for Chapter 7 bankruptcy.
FORECLOSURE DELAY
Filing for Chapter 7 Bankruptcy can delay foreclosure proceedings and buy you some extra time. You can utilize this time to settle your debts and find a way out.
GARNISHMENT/JUDGEMENT
Filing for Chapter 7 Bankruptcy can stop most of the wage garnishments. This is because bankruptcy’s automatic stay prohibits creditors from collecting debts.
DISCHARGING DEBT
We will help you with credit card debt, medical debt, utility bills, and other unsecured debts.
We also help offer the following services:
PLANNED PAYMENTS (IRS, TAX DEBT)
Speak with us about the many alternatives you may have for paying off or perhaps discharging your tax burden.
SAVE IMPORTANT ASSETS (IE: YOUR HOUSE)
Aside from keeping your property, bankruptcy might assist you in protecting other valuable items.
INDIVIDUAL OR COMBINED INSOLVENCY
Even if you’re married, you don’t have to file for bankruptcy together. We can advise you on whether you should file bankruptcy with your spouse or if you should file bankruptcy on your own.
GET A FRESH START AFTER FILING
It is often possible to repair your credit and begin a new financial life after reducing credit card debt and other kinds of debt. Let us relieve your burden and help you make a fresh start.
What are the Benefits of filing Chapter 7 Consumer Bankruptcy in Connecticut?
There are several benefits of filing Chapter 7 bankruptcy, also known as consumer bankruptcy bankruptcy or personal bankruptcy.
Automatic Stay: When a debtor files a Chapter 7 petition with the bankruptcy court, the automatic stay is immediately granted. This stops the creditors from contacting and harassing you.
You Can Keep Some Assets: Certain properties are excluded from liquidation. Not all of the debtor’s assets will be auctioned in a Chapter 7 bankruptcy proceeding.
Discharge of Outstanding Debt: Once the trustee has collected any nonexempt assets and paid creditors from the proceeds of their sale, any remaining outstanding debts are discharged, meaning they no longer exist legally and the debtor has no future duty to pay them.
No Limitations on Your Debt Amount: The rules do not impose a limit on the amount of debt you have for filing Chapter 7 bankruptcy. However, not all debt can be discharged in bankruptcy. AttorneyGernert will advise you as to what debts are eligible to be discharged.
You Can Keep Future Property or Income: Generally, the property you acquire after filing for Chapter 7 bankruptcy is not included in the bankruptcy estate. However, if you get death benefits, or acquire property from a divorce decree, or get proceeds from a life insurance policy within 180 days after filing for Chapter 7, it will become a part of bankruptcy estate.
When should you file for Chapter 7 Bankruptcy?
To qualify for Chapter 7 bankruptcy, you must first pass a “means test.” The Bankruptcy Means Test checks financial data such as income, spending, and secured and unsecured debt to determine if your disposable income is less than the median income for your state (50 percent lower, 50 percent greater).
Declaring Chapter Bankruptcy is the right option for you in the case of the following:
- Your obligations exceed half of your annual income.
- Even if you made exceptional efforts, it would take five years (or more) to pay off your debt.
- Your debt puts a strain on important elements of your life, such as your relationships and your capacity to sleep.
- You have little to no spare cash.
- Your monthly salary is less than the state’s median.
How Do I File Chapter 7 Bankruptcy in Connecticut?
A Step-by- Step Overview
Once you are sure that filing Chapter 7 Bankruptcy is the right option for you, you need to follow the following steps:
Step 1- Credit Counseling and Filing a Petition
Complete credit counseling. An official certificate will be issued to you. The Bankruptcy Court will require you to file a petition. Most creditors will no longer be able to contact you as a result of this. You will also be required to provide additional documents such as a copy of your most recent tax return.
Step 2- Liquidation of Assets
Non-exempt assets will be liquidated and the case will be overseen by a trustee appointed by the Bankruptcy Court. The trustee will use the proceeds from the sale of non-exempt assets to pay unsecured creditors. If a person’s assets are exempt or subject to valid liens, they cannot be liquidated in Chapter 7 cases.
Step 3- Meeting of Creditors and File Reaffirmation Agreements
The trustee will convene a 341 meeting, which is also known as a meeting of creditors. After your bankruptcy petition has been filed, you will be required to attend this hearing. Attending with your attorney, you’ll be put under oath to answer questions about your financial situation and put under investigation. The official name for this hearing is 341 Meeting of Creditors. The hearing usually lasts between 10 and 15 minutes.
The reaffirmation agreements must be filed with the court no later than 45 days after your 341 hearing date if you are reaffirming any loans.
Step 4- Second Credit Counseling
You must finish a second credit counseling course and submit the certificate to the court before your release date. After this, a discharge order is issued immediately by the bankruptcy court. After the creditors’ meeting, this usually occurs within 60 to 90 days.
Although most Chapter 7 cases proceed quickly through the system, our experienced bankruptcy attorneys are prepared to deal with any obstacles and ensure that your legal goals are met.
Why do you need a Bankruptcy Attorney?
A bankruptcy attorney can advise you on the bankruptcy procedure and whether it is the right choice for you or not. If bankruptcy appears to be the best option, an attorney can assist you in comparing the chapter 7 and chapter 13 possibilities. This is a key choice that will require you and your attorney to examine the size and makeup of your debt, the assets you are willing to lose in bankruptcy, and your capacity to repay your debts or a portion of your obligations, among other things.
Once you’ve decided on your unique filing strategy, an attorney can assist you in making critical decisions ahead of time. For example, if you apply for chapter 7, an attorney can advise you on your best alternatives for retaining any assets that you do not want to lose to pay off creditors. An attorney must have a good understanding of local bankruptcy laws and procedures to be a reliable guide for this area of your decision-making.
During the filing procedure, your attorney will assist you in gathering and preparing the required documents, which will mostly focus on your income, assets, obligations, and spending. He/she will also represent you at court appearances and meetings with creditors.
Bankruptcy is confusing and challenging, but a bankruptcy attorney can bring clarity and comfort to you.
Don’t Struggle With Debt Another Day.
As soon as you file bankruptcy, creditors must stop all contact. Don’t spend another day weighed down by debt and creditors. Contact our firm to begin the bankruptcy process.
faq
The following types of debts can usually be discharged when you file for Chapter 7 bankruptcy:
- Credit cards
- Medical bills
- Deficiency balances resulting from the sale of a repossessed car or foreclosed mortgage
- Unsecured personal loans
- Store accounts
- Trade or vendor debt
- Personal liability resulting from the guarantee of another’s debt
- Certain kinds of tax obligations
Most of the debts are discharged when you file for bankruptcy under Chapter 7. However, the following are the non-dischargeable debts in Chapter 7:
- Student loans
- Marital/domestic obligations
- Certain tax obligations
- Criminal restitution
- Debt incurred through fraud
- Debt incurred by defalcation of fiduciary duty
- Debts incurred by willful and malicious injury
In general, the crucial difference between Chapter 7 and Chapter 13 bankruptcy is how the debt is handled. In short, Chapter 7 bankruptcy discharges the debt, but Chapter 13 bankruptcy reorganizes debt.
Generally speaking, bankruptcy is the right option if your obligations exceed half of your annual income. Some other signs that you need to declare bankruptcy are that your wages are being garnished, you are facing vehicle repossession, or you are being sued.
Most of our clients don’t lose any property or assets after filing for bankruptcy. You are given “exemptions” in a bankruptcy proceeding to safeguard your property. Exemptions are particular portions of state and federal law that allow you to preserve your property while erasing some debts through bankruptcy. These exemptions usually save most of your assets.
Yes, immediately. Wage garnishment must stop as soon as you file for bankruptcy. When a bankruptcy petition is filed, an “automatic stay” is given. The automatic stay serves as a stop sign for creditors.
A typical Chapter 7 bankruptcy case lasts between 3 to 4 months.
A Chapter 7 bankruptcy can be filed once every 8 years. The date is measured from the filing, not the discharge.
You must meet the following requirements to file for Chapter 7 Bankruptcy:
- You haven’t filed a Chapter 7 bankruptcy in the last 8 years.
- You’ve Completed the Credit Counseling Requirement. A pre-filing certificate must be submitted in the court at least 180 days before filing for Chapter 7.
- Your average monthly earnings are very low and after deducting your reasonable expenses from your household income, you have very little spare cash left.
- You have passed the “Means Test” indicating that you have little or no disposable money.
Chapter 7 Discharge can be denied due to the following reasons:
- The debtor failed to present or keep complete financial records.
- The debtor was unable to effectively explain the loss of assets.
- A bankruptcy crime was committed by the debtor e.g. perjury, etc.
- Property that should have been liquidated was fraudulently transferred, hidden, or destroyed by the debtor.
BANKRUPTCY ATTORNEY SERVING SOUTHBURY AND THE GREATER CONNECTICUT AREA.
The Law Office of William K. Gernert provides legal services specific to bankruptcy law, probate law, and real estate law. Located in Southbury, CT, we have been providing legal services in CT for over 20 years.
or call: 203-586-1930
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2020 All Rights Reserved | Design by Magnetic WP