|
|
|
:: Chapter 7 vs. Chapter 13
|
|
|
 |
What is Chapter 7 Bankruptcy? This is commonly referred to as as a straight bankruptcy or liquidation bankruptcy. It is usually the quickest and cheapest form of bankruptcy and works great with unsecured debt and medical bills. Click here for more information about Chapter 7
What is Chapter 13 Bankruptcy? This is commonly referred to as debt consolidation and is an excellent way to save a home from foreclosure or prevent repossession. Click here for more information about Chapter 13 | |
|
|
|

KEEP YOUR CAR KEEP YOUR HOUSE KEEP YOUR RETIREMENT
Call Pond and Burton
for a FREE CONSULTATION
601-948-4878
601-948-HURT |
|
|
|
|
|
|
|
|
|
|
|
:: Immediate Bankruptcy Relief
|
|
|
1) Stop Home and Property Foreclosure
Filing Chapter 7 or Chapter 13 will STOP home and property foreclosure. When you file Chapter 7 or Chapter 13 the Bankruptcy Court issues an "automatic stay" which is a court order that halts all collection activity, including foreclosure. It's Chapter 13, however, that provides a repayment plan whereby the mortgage company is forced to accept past due payments over a 36 to 60 month Chapter 13 Plan period in equal monthly installments. Chapter 13 provides a way for you to keep your home, even if you are seriously past due, when you cannot otherwise come up with all the past due amounts at one time.
2) Stop Automobile Repossession
Filing Chapter 7 or Chapter 13 will STOP automobile repossession, Chapter 7 works best if you are current with your auto loan payments and you need to discharge unsecured debts like hospital and credit card debt. You can reaffirm in Chapter 7 and keep your car by maintaining the contractual payments. Chapter 13, on the other hand, allows you to effectively refiance your auto loan for up to 60 months. It doesn't matter how many payments are past due when you file Chapter 13. In many cases the amount you have to pay to keep your car can be reduced and the interest rate can be reduced as well resulting in a lower car payment...whether the lender likes it or not! 3) Stop Collection Lawsuits
Filing Chapter 7 or Chapter 13 STOPS collection lawsuits. When you file Chapter 7 or Chapter 13 the Bankrupctcy Court issues a court order called an "automatic stay" which acts as an injunction. Your creditors and their lawyers are prohibited from proceeding with collection efforts, including pending collection lawsuits. It doesn't matter if you have already been served with a Summons and Complaint or if you are scheduled to appear in Court. In most cases, this is the last you will hear from the creditor's lawsuit. Most debts will be discharged at the conclusion of your Chapter 7 case or upon completion of your Chapter 13 Plan. If you are served with a Summons and Complaint contact us immediately. There may be defenses available which will be forever "waived" if you dont act quickly. Although we can STOP wage garnishment after payroll deductions begin and we can remove Judgment Liens against your home that result from collection lawsuits you have ignored, it's less expensive and less time consuming to contact us before collection lawsuits proceed that far. 4) Stop Wage Garnishment
Chapter 7 and Chapter 13 STOP wage garnishments. Wage garnishment is not allowed in some states. Unfortunately, in Mississippi your wages are subject to being "garnished" by creditors. Once a creditor obtains a Judgment against you for a debt, the creditor can request the court to subject your wages to garnishment. Your employer is ordered by the court to withhold up to 25% of each and every paycheck for the benefit of the judgment creditor. Your employer doesn't have a choice in the matter. Your employer MUST respect the Court Order which instructs the employer to make withholdings from your paycheck. Most individual and family budgets are insufficient for one creditor to sieze 25% of the income. When this happens, house and car payments fall behind. There isn't enough money left to pay other bills. If your wages are being garnished, we can help. Filing Chapter 7 or Chapter 13 stops wage garnishment. Once you file, the Bankruptcy Court issues an Automatic Stay, which is a Court Order that instructs your employer to stop the wage garnishment. You will begin receiving your full paycheck again beginning with the next payday! 5) Stop Collection Calls To Your Home and Workplace
When you file Chapter 7 or Chapter 13 collection calls to your home and workplace must STOP. All calls from creditors will then be handled by us! After you file, the Bankruptcy Court will mail a Notice of your filing to all of your creditors. Until your creditors receive this Notice, they may continue to call - they don't know you've filed yet! We will provide you with your Bankruptcy Case Number immediately after you file. You can then give your creditors your Bankruptcy Case Number and tell them that you are now represented by Pond & Burton. The calls will stop! |
|
|
|
|
|
|