Types of Bankruptcy - 7 & 13

CHAPTER 7   If you qualify and you are eligible. A Chapter 7 will eliminate most unsecure debt, and you will have (3) three options as it relates to secured debt. You can reaffirm, surrender, or redeem.

Reaffirming - means you basically recommit to the same debt and terms that you had prior to filing. (examples, your house, your vehicles, & some small personal loans)

Surrendering – means you can give back properties, (examples, your house, your vehicles, & some small personal loans) and you do not have to pay anything else on the properties (collateral) you are surrendering.

Redeeming – means you can buy the collateral item for what it is worth.

Section 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3) of this Act. The advertisement for sale of any debt to coerce payment of the debt. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity. Section 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
Taking or threatening to take any no judicial action to effect dispossession or disablement of property if -- there is no present right to possession of the property claimed as collateral through an enforceable security interest; there is no present intention to take possession of the property; or the property is exempt by law from such dispossession or disablement.

Keep house in most cases
I have HELPED HUNDREDS of PEOPLE KEEP their House. The pivotal issues that must be considered; The total amount of monies you're behind? Do you owe more than it's worth? In most cases if you are current on the debts that are tied to these types of properties your property will not be affected. If you are behind on your payments, you can keep your property by filing a Chapter 13 which allows you to pay the arrearage (the amount you are behind on these properties) in a payment plan, while maintaining your regular payment.

Keep vehicles in most cases
I have HELPED HUNDREDS of PEOPLE KEEP their Vehicles. The pivotal issues that must be considered; The total amount of monies you're behind? Do you owe more than it's worth? In most cases if you are current on the debts that are tied to these types of property your property will not be affected. If you are behind on your payments you can keep your property by filing a Chapter 13 which allows you to pay the arrearage (the amount you are behind on these properties) in a payment plan, while maintaining your regular payment.

Keep personal property in most cases
99.99% of the time my clients have kept all their personal property. (Example, furniture, appliances).

The Kentucky Attorney, W. Ron Adams Law, represents clients in Northern Kentucky including Erlanger, Crestview Hills, Ft. Wright, Covington, Edgewood, Independence, Ft. Mitchell, Taylor Mill, Walton, Crescent Springs, Elsmere, Alexandria, Ft. Thomas, Newport, Wilder, Highland Heights, Cold Springs, Dry Ridge, Crittenden, Williamstown, Corinth, Falmouth and Butler.

We serve clients in Boone, Kenton, Campbell, Grant and Pendleton counties.

Serving Grant County Kentucky