The Law Office of George M. Gilmer, Esq., a Debt Relief Agency under the Bankruptcy Code, has been providing financial relief to distressed consumer debtors and homeowners for many years now. I have filed numerous bankruptcy cases and thus have the experience to represent you in your Bankruptcy matter. If you qualify, all of your consumer debt will be eliminated through the Chapter 7 process. The calls from your creditors by law must stop at this point and you can start your life over again with a clean slate. I charge low fees starting from $399, not including filing fees and the legal fee depends upon the complexity of your case, so please give me a call for a free phone consultation. Below is a description of the Bankruptcy Laws, reprinted from "Bankruptcy Basics" from http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/process.html.
If you have Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
A debtor's involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting" because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.
A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:
[I]t gives to the honest but unfortunate debtor...a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.
Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts.
My office will help you with your Chapter 7 and 13 bankruptcy issues. An explanation of these types of Bankruptcies is presented below:
Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor's estate, reduces them to cash, and makes distributions to creditors, subject to the debtor's right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor's assets. These cases are called "no-asset cases." A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a "means test" to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor's income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.
Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time - usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor's repayment plan, depending on whether it meets the Bankruptcy Code's requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor's anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.
What to expect at a 341 meeting
You will be asked the following questions at your meeting.
1. Please provide you picture ID and Social Security number card for review.
2. State your name and current address for the record.
3. Have you read the Bankruptcy Information Sheet provided by the United States Trustee?
4. Did you sign the petition, schedules; statements ad related documents you filed with the court? Did you read the petition, schedules, statements, and related documents before you signed them and is the signature your own?
5. Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
6. To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
7. Are there any errors or omissions to bring to my, or the court's attention at this time?
8. Are all of you assets identified on the schedules?
9. Have you listed all of your creditors on the schedules?
10. Have you previously filed bankruptcy?
You should also expect to be asked these questions as well.
1. Do you own of have any interest in any real estate?
2. Have you made any transfer of any property, or given any property away, within the last two year period? If so, what did you received in exchange? What did you do with the funds?
3. Do you have a claim against anyone or any business?
4. Does anyone owe you money? If so, is the money collectible? Why haven't you collected it? Who owes the money and where are they?
5. Does anyone hold property belonging to you?
6. If so, who holds the property and what is it? What is its value?
7. Are you entitled to life insurance proceeds or an inheritance as a result of someone's death?
8. Were federal income taxes returns filed on a timely basis? When was the last return filed? Do you have copies of the federal income tax returns? At the time of the filing of your petition, were you entitled to a refund from the federal or state government?
9. Do you have a bank account, either checking of savings? If so, in what banks and what were the balances as of the date you filed your petition?
10. Do you own an automobile? If so, what is the year, make, and value?
Do you owe any money on it? Is it insured?
11. Are you the owner of any cash value life insurance policies? If so, state the name of the company, face account of the policy, cash surrender value, if any, and the beneficiaries.
12. Have you made any large payments, over $600, to anyone in the past year?
13. Do you have any winning lottery tickets?
14. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceedings?
15. Regarding any consumer debts secured by your property, have you filed the required Statement of Intention with respect to the exemption, retention, or surrender to that secured property? Please provide a copy of the Statement to the trustee. Have you performed that intention?
16. Have you been engaged in any business during the last six years? If so, where and when? What happened to the assets of the business.
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