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Who will know about my bankruptcy?

November 28th, 2011 Scott Wantland Posted in Bankruptcy, Chapter 13, Chapter 7 19 Comments »

It is unlikely that anyone but your creditors will have knowledge that you filed bankruptcy. With that said bankruptcy is a public legal proceeding and anyone who wants to go looking for your information would be able to find it.

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Why shouldn’t I go to a “cheap” bankruptcy attorney?

November 16th, 2011 Scott Wantland Posted in Bankruptcy, Chapter 13, Chapter 7, Foreclosures 75 Comments »

Plain and simple, you get what you pay for. A lot of the cheap attorneys don’t take to time to properly review your situation or even meet with you prior to court. Often, you won’t even speak with the attorney- just an assistant. At Wantland Law, PLLC we often get called after things have gone wrong. Save yourself the time, money, worry, your valuable assets, and frustration contact us first.

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June 6th, 2011 Scott Wantland Posted in Bankruptcy, Chapter 7, Debt 5 Comments »

A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. Because a chapter 7 bankruptcy discharge is subject to many exceptions, though, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally individual debtors receive a discharge in more than 95 percent of chapter 7 cases. In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case — generally, 60 to 90 days after the date first set for the meeting of creditors.

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Internet Loans are BAD- part 2

May 16th, 2011 Scott Wantland Posted in Bankruptcy, Chapter 13, Chapter 7, check advance loans 4 Comments »

Since I last wrote about internet check advances, I continue to see just what rotten lenders make these types of loans.

Often times, people who come to me with Internet cash advance loans don’t have a mailing address for the lender. What a nightmare. They often don’t have mailing addresses on their web site. Additionally, when you call, they won’t even tell you where to send mail.

This is not because they are trying to cut down on wasted paper. For proper notice to be given in a chapter 13 or chapter 7 a proper mailing address must be given. For certain legal protections to arise, notice must be given in writing.

This week, I heard a new low. A payday lender was calling a borrower at work (not a new low). I was shocked (new low) to hear them threaten her with JAIL if she did not pay the loan. Besides this being an outright lie, it’s beyond the realm of legally possible.

It’s hard for me to be excited about the neighborhood cash advance store. They charge high fees and higher interest. However, the more time I see the disaster that Internet based loans are, I have to say it’s better to show local.

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When too late isn’t

May 2nd, 2011 Scott Wantland Posted in Bankruptcy, Chapter 13, Chapter 7, Foreclosures, Mortgage, Taxes, Uncategorized No Comments »

Someone today asked me if it was “too late to file bankruptcy” to save a house.

Generally, it’s too late if the foreclosure sale has occurred. If a lawsuit has been filed, it’s not too late. It a sale date has been set, it’s not too late. If a collection agent tells you it’s too late- it isn’t.

There’s reasons to file as soon as possible. Filing a bankruptcy stops the foreclosure process. It halts collection calls and dirty letters. A chapter 13 begins the repayment process.  Property taxes potentially are halted from becoming liens.  The sooner you file the sooner you get peace of mind, make the calls stop, and the frest start stops.

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Bankruptcy mistakes to avoid.

January 9th, 2010 Wantland Posted in Bankruptcy, Chapter 13, Chapter 7 15 Comments »

I see people every day in the Louisville area who are filing chapter 7 and chapter 13. Unfortunately, because of bad advice, because they make bad choices, or sometimes just dumb luck, they make lots of bankruptcy mistakes.

Here are some of the biggest ones and how to avoid them…

10. Tapping the 401(k)- most funds in 401(k) accounts cannot be disturbed in a bankruptcy proceeding. However, money taken out of one can. Also, the huge penalties and taxes associated with a recent 401(k) withdrawal are not dischargeable in bankruptcy. 401(k) loans also create some problems.
9. Cold checks- Some people think writing a cold check is great way to get a fast loan. Besides being a crime, cold check criminal prosecutions are not fixed by a bankruptcy filing. Don’t write cold checks. Bankruptcy can’t fix jail.
8. Using credit right before bankruptcy- obtaining credit or making charges too soon close to the date of your bankruptcy filing creates debts that may not be dischargeable.
7. Not paying child support/alimony- A chapter 13 bankruptcy can be used to get your child support caught up. However, in the mean time you can go to jail for not paying child support. If you have to choose between paying child support or a credit card- pay for your kids.
6. Doing it yourself- presently, there are more than a dozen banned bankruptcy helpers. Is yours one? How do you know? By the way, if you are getting any advice from her, are you ready to come to court to clean up her mistakes? Does she have insurance? Did you know that if you don’t file your bankruptcy documents properly you could lose your home and possessions? Get professional help with your bankruptcy or be prepared to hire professional help to clean up your bankruptcy.
5. The right representation- Does your attorney have malpractice insurance? How long has your attorney been filing bankruptcies? Is the lawyer you meet the same lawyer that goes to court with you? Has your attorney been sanctioned by the Bar? Do you talk to the lawyer about your case or a “legal assistant”? Can the lawyer tell you how your bankruptcy will effect your divorce? There is more to bankruptcy than filing out forms. If something is too good to be true it probably is. Hire a professional, not just a lawyer.
4. The truth- failure to tell your lawyer and thus the bankruptcy court the truth is a crime. Many times, failure to give the lawyer all information creates problems later- that could have been avoided.
3. Getting a judgment- If you don’t pay debt, chances are, you’ll get sued. If you file bankruptcy before a judgment, you don’t have to go throw the time and expense of getting rid of liens. Many times, I can’t get back money that has been garnished. A lot of times, the damage is already done. Filing bankruptcy gets it fixed sooner rather than later.
2. Not filing taxes- besides being a crime, unfilled taxes create a set of problems that could have been fixed but now in bankruptcy. If you owe, you owe, no use in putting it off.
1. Not calling us- as soon as you think you might need to file bankruptcy, get advice from a professional. Like traveling across a jungle- filing bankruptcy requires a guide. Let us help.

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The attorneys of Wantland Law in Shepherdsville, Kentucky, advise and represent individuals and families in bankruptcy cases and debtor-creditor negotiations in Bullitt County, Nelson County, Spencer County, Hardin County, Okolona, Jefferson County, Louisville, and such communities as Mount Washington, Brooks, Lebanon Junction, Bardstown, Taylorsville, Elizabethtown, Radcliff and Fort Knox.

The information on this Louisville kentucky Wantland Law / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. THIS IS AN ADVERTISEMENT.

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