Recover from Bankruptcy through simple steps

5 Steps to recover from Bankruptcy 

 

Some individuals fear bankruptcy, others grip it, and numerous individuals suppose it is a simple way out. It is truly none of the aforementioned. Bankruptcy must be seen as the last resort and for numerous individuals it is. It is alarming, however it ought not be dreaded any more than the approaching claims and wage garnishments that are surely in your fate. It is additionally not a simple way out. Insolvency is a red letter, something that will frequent you for a considerable length of time to come, yet you can recuperate from bankruptcy provided that you genuinely need to improve your existence.

Recover from bankruptcy

Guide from bankruptcy lawyer

      1. Look at bankruptcy as another starting, not the finish of the planet:  It is a help from the jail of obligation  that you have been under. With the assumption that you have studied how to be an exceptional steward of your funds,insolvency might be a genuine saver for you, your marriage and your crew.

  2. Avoid quickly opening up lines of credit:Throughout the procedure and not long after release, you will likely begin gaining offers for additional Mastercards and lines of credit. Don’t take the draw. It is well realized that you are no more ready to default on some loans again for such a large number of years, so these organizations know they have you for anyhow that long.

    3. Take a monetary administration class or classes: Insolvency may have   been totally out of your control, maybe from a major restorative emergency and your protection simply did not blanket it. Generally, maybe you feel that you are an exceptional chief of your funds, outside of that restorative circumstance. Notwithstanding the circumstance that got you here, you will do much for your destiny by taking such a course. 

   4. Accept an offer for a retail establishment Visa assuming that you should: Sadly, after bankruptcy thumps your credit down to by nothing, the predicament turns into that you require credit to manufacture credit. Provided that charge cards were your shortcoming or observed method of survival, get a bargain bazaar Visa as opposed to a customary Mastercard. In this admiration, your buys will be restricted to simply what the store offers.

   5.  Get another auto credit just assuming that you require another auto and in the event that you can bear the cost of the installment : In the event that you should, get a shabbier utilized auto credit. An auto advance is a fast approach to reconstruct your credit.

Regardless of how you decide to begin revamping credit, either Visas, retail establishment cards or a vehicle advance; it just works in the event that you make customary, on time installments more than the base sum. Indeed one late installment, even one day late will totally smash your credit. Moneylenders will see that you have not studied your lesson and they will run for the mounts when you come around.

To set up your FREE initial consultation for your affordable bankruptcy… 

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The merits of hiring a bankruptcy attorney lawyer Detroit-Michigan

The Pros of Hiring a Bankruptcy Attorney

A bankruptcy lawyer can be described as a legal professional who will guide and counsel you with respect to your financial state. The attorney at A Better Way Bankruptcy has been practicing bankruptcy for over 23 years.

Experienced bankruptcy attorney

Best bankruptcy attorney

A bankruptcy attorney plays a crucial role in advising individuals who are in financial crisis and they assist people in filing for bankruptcy under the Bankruptcy Code; they give advice on which chapter of bankruptcy is best for you and if you need to file bankruptcy at all. If you file your bankruptcy alone, you may face issues and not know how to resolve them and you may not receive a discharge in the end. It is, therefore, advisable that you get an experienced bankruptcy attorney since he or she is conversant with every aspect of the law.

 There are advantages of hiring an experienced bankruptcy lawyer. These are explained below;

  1. The bankruptcy attorney will assess your situation and give you the right action to take.
    1. They may advise you not to file a bankruptcy case at all if it isn’t in your best interest.
  2. They advise the client on the bankruptcy chapter that is right for them.
  3. An experienced bankruptcy attorney has built a rapport with the trustees and judges.
  4. They are up to date on the laws and any changes to the laws, or to the local rules that govern your case.
  5. They know of all the deadlines and requirements of each case and can anticipate potential issues before they become a problem.

A Better Way Bankruptcy’s attorney, with more than 23 years of experience, can help you with all of those items listed above. Don’t go through it alone. Let A Better Way Bankruptcy help guide you through the process and help you get a fresh start.

To set up your FREE initial CONSULTATION for your affordable bankruptcy…

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Famous People Who Have Filed Bankruptcy

Phineas Taylor Barnum (P.T.) –   founder “The Greatest Show on Earth”
Lionel Bart – British composer-lyricist-playwright
Kim Basinger – Oscar-winning actress
L. Frank Baum – Author, famous for the Wizard of Oz
Jay Black – rock star, lead member of Jay and the Americans
Concrete Blonde – rock group
David Bowie – singer/actor
Loraine Bracco – who stared as Dr. Jennifer Melfi in ‘The Sopranos’
Matthew Brady – famous. Civil War photographer (1872).
Toni Braxton – rock star
Anita Bryant – singer (twice)
Nell Carter – Actress
Samuel L. Clemens (“Mark Twain”) – best-selling American author-humorist
George Clinton – rock star
Natalie Cole – singer
Gary Coleman – actor
John Connelly – former Treasury secretary and Texas governor
Francis Ford Coppola – Oscar-winning film writer-director-producer
Seymour Cray – inventor of the Cray supercomputer
Cathy Lee Crosby – actress,  author
David Crosby, Entertainer
Doris Day – actress
Vic Damone – singer
Dorothy Dandridge – Oscar-nominated actress-singer
Lee de Forest – Oscar-winning film/sound synchronization pioneer; producer (1937)
Dino De Laurentis – Oscar-winning film producer
Walt Disney – Oscar-winning film producer; animation & theme park pioneer (1923)
Jim Dooley – Former Chicago Bear and coach
Lenny Dysktra – New York Mets baseball player, winner of the 1986 World Series
Eddy “the Eagle” Edwards – Great Britain’s first Olympic ski jumper
Keith Famie – Survivor II: The Australian Outback contestant
Eddie Fisher – singer — declared bankruptcy four times!
Mick Fleetwood – rock star; leader of “Fleetwood Mac”
Heidi Fleiss – Clothing line founder; author, Infamous Madame
Henry Ford – auto magnate
William Fox – co-founder of 20th Century Fox Film Corporation (1936)
Zsa Zsa Gabor, Actress
Marvin Gaye – singer
Linda Georgian – spokesperson for Psychic Friends Network
Andy Gibb – rock star
Charles Goodyear, inventor of vulcanized rubber
Ulysses S. Grant – 18th U.S. President; Civil War general; author; pictured on the U.S. fifty dollar bill (in 1884, after leaving office)
Elizabeth Ward Gracen – actress; model; Miss America 1982
Archie Griffin – college football’s only two-time Heisman Trophy winner
Bob Guccione – publisher and founder of Penthouse magazine
Merle Haggard – country music star
Corey Haim – actor
Dorothy Hamill – 1976 olympic gold medalist figure skater
M.C. Hammer – rapper
Richard Harris – Oscar-nominated actor-producer-director (twice bankrupt)
Isaac Hayes – Oscar-winning songwriter-composer-musician-singer
Henry Heinz, ketchup magnate
Sherman Hemsley – actor
Milton Hershey, chocolate magnate
Paul Heyman – founder and CEO of ECW
Ron Isley – rhythm-and-blues singer (The Isley Brothers)
La Toya Jackson – rock star
Michael Jackson, singer
Thomas Jefferson – 3rd U.S. President
Don Johnson – actor-producer
Janice-Marie Johnson – rock star/disco diva
Kacey Jones – country music star; musical humorist
Clay Jordan – Survivor V: Thailand contestant; restaurateur
Chaka Kahn – rock star
Margot Kidder – actress, famous for playing Lois Lane in the Superman movies
Larry King – host of the Larry King Live
Bowie Kuhn – former U.S. baseball commissioner
Gary Kurtz – Oscar-nominated film producer (Star Wars, American Graffiti)
Veronica Lake – actress (1951)
Cyndi Lauper – rock star, boxing manager/promoter
Stan Lee – comic book industry pioneer (Spider Man,The Incredible Hulk,The X-Men and more, ’nuff said)
Jerry Lewis – actor, comedian, fundraiser
Jerry Lee Lewis – rock star
Abraham Lincoln – former US president and all-around good guy
Mindy McCready – country music star
George McGovern – former United States Senator and presidential candidate
Denny McLain – baseball pitcher
Ed McMahon – Television Personality
Ashley MacIsaac – musician
Meat Loaf – actor, rock star
Melba Moore – singe, actress
Lorrie Morgan – country music star, author
Motor City Five/MC5 – 1960’s rock group
Wolfgang Amadeus Mozart, composer
Willie Nelson – singer-songwriter-actor, author
Wayne Newton- singer, actor, entertainer, Las Vegas legend
Mary Nolan – actress
Johnny Paycheck – country music star
Tom Petty – singer/songwriter
Susan Powter – exercise/fitness expert; talk-show host, author
Randy Quaid – actor/producer
Rembrandt – painter
Burt Reynolds – actor
Debbie Reynolds – actress
Mickey Rooney – Oscar-nominated actor
Harry Saltzman – film producer (James Bond movies)
Anna Nicole Smith – model-actress; 1993 Playboy magazine “Playmate of the Year”
Leon Spinks – heavyweight Boxer and olympic gold medalist
Sheryl Swoopes – American professional basketball player, has won three Olympic gold medals and is a three time Most Value Player of the W.N.B.A.
J. Fife Symington – Governor of Arizona (filed while still in office)
TLC, Vocal group
Donald Trump –  businessman (casinos: Trump Hotels & Casino Resorts Inc.) (1992; 2004)
Mark Twain, humorist
Mike Tyson – boxer
Johnny Unitas – legendary Hall of Fame football quarterback
Rembrandt Haremenszoon Van Rijn – famous Dutch painter (1656)
Oscar Wilde – Irish Playwrite (1897)
Tammy Wynette – country music star

What is Lien Stripping?

Lien stripping is a way of eliminate second mortgage and/or home equity lines.  With the decline in housing values, lien stripping has becomes more prevalent  in Chapter 13 bankruptcy filings.

A lien strip allows us to transform a secured second mortgage or home equity line of credit into an unsecured debt, thereby eliminating a monthly payment and reducing total debt by tens of thousands of dollars.

Let’s say that your home is worth $250,000 today.  When you purchased it you paid $450,000.  Since then the housing market tanked.  Now your home is worth much less of what you paid for it.  Your mortgage balance is $370,000 for your first mortgage and $56,000 for your equity line.  Your mortgages are considered “underwater” as your amount owed is more than your home is presently worth. In your Chapter 13 bankruptcy we would ask the bankruptcy court to “strip away” the second mortgage since all of the value your house presently has is tied up with your first mortgage.  In other words, if you were to sell your house, the first mortgage lender would not be paid in full and the second mortgage lender would get nothing.  The second mortgage lender is, therefore, considered unsecured.

Remember this only works when:

  • You are a debtor in a Chapter 13 case

  • The mortgage loans are in your  name

  • The fair market value of your house is less than the balance due on your first mortgag

We can provide you much more detailed information during your free consultation.  Call today!  Let us help you take back control of your life and financial future!

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The 3 Reasons Most People File for Bankruptcy

You don’t have to be psychic to know why you are in our office.  Most people are not “deadbeats” or “people who just spend too much” they aren’t “immature and irresponsible”.  Bad stuff happens to good people.  Plain and simple.  There are 3 main reasons people need to file bankruptcy:

1.Job Loss or Loss of Income

2.Divorce/Separation

3.Medical Issue

Job Loss or Loss of Income:

Job Loss is a catastrophic event for anyone involved.  Suddenly your security is ripped away and you feel terrified, alone and, sometimes, sadly, worthless. There is no crime in losing your job and no reason to feel like less of a person.  You are amazing, your industry has lost out when they lost you.  Now is time to use bankruptcy to help you eliminate those bills hanging over your head leaving you free to reevaluate what you want to do with your life and get on with it!

Loss of Income can be as devastating since you still have income just nowhere near enough.  Now you start robbing Peter to pay Paul.  You start juggling bills and losing sleep trying to figure out who to pay this month and who can wait a month.  Unfortunately, we have learned that eventually Peter peters out and that snowball becomes an avalanche.

Research tells us that most people wait 2 years after job/business loss, loss of income to actually come into our office to get help.  Unemployment has run out, they have tapped all their relatives and they are at the end of their rope.  We only wish they would have come in sooner.  Why go through all this unnecessary suffering when a solution is a phone call away?

Divorce/Separation:

Divorce is hard enough without the added stress of bills that need to be paid.  Both parties are trying to heal and move on with their lives and this process is complicated by all these debts that have to be paid – but how?  One household is now two – two times the expenses PLUS all the bills from pre-divorce. Add in the divorce attorneys bills, child support and alimony.  No one escapes divorce unscathed.

Medical Issue:

Medical Issues now account for a large percentage of the bankruptcies filed in the U.S every year.  Elizabeth Warren, a professor at Harvard, conducted a research study in 2007 which concluded that bankruptcies had increased by nearly 50 percent in the six-year period, from 46 percent in 2001 to 62 percent in 2007.  She found that most of those who filed for bankruptcy were middle-class, well-educated homeowners.

“They concluded that 62.1 percent of the bankruptcies were medically related because the individuals either had more than $5,000 (or 10 percent of their pretax income) in medical bills, mortgaged their home to pay for medical bills, or lost significant income due to an illness. On average, medically bankrupt families had $17,943 in out-of-pocket expenses, including $26,971 for those who lacked insurance and $17,749 who had insurance at some point.” Medical bills prompt more than 60 percent of U.S. bankruptcies June 05, 2009 |By Theresa Tamkins

Even given the huge increase in filings in 2005 due to the panic over the “new law” bankruptcy changes, it is clear that medical bills/issues account in one way or another, for a large percentage of the bankruptcies filed in the U.S.

____________________

We know that no one wants to file bankruptcy.  It’s not a life goal for most people, but it can be a necessity for survival.  Life happens and we do what we have too to survive.  The bankruptcy laws are there to give you the opportunity to clean your slate and get a fresh start.  Come in and let us discuss your options and what the best course of action is for you.  We are here to help!



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You retained our office for bankruptcy. What’s next?

So you have retained our office for bankruptcy. What happens next?

When you retain with our office you will be given some information. Most importantly you will receive the homework package, a document checklist, and credit counseling information. The homework package needs to be filled out as completely as possible so that we are able to complete your bankruptcy paperwork that will be filed with the court. The documents on the checklist are required by the trustee and we need to provide them to the trustee before your hearing date. The credit counseling must be done at least one day before your case can be filed. The certificate is only good for 180 days (about 6 months) so we recommend you try to do it as close to before your signing appointment as possible. We don’t want to have you do the credit counseling, have something come up that delays a final payment or your signing appointment and then you have to do the credit counseling again.

The signing appointment is made with our office when: you are paid in full to file, we have your homework package, your credit counseling certificate, and we have most – if not all – of the applicable documents on the document checklist. At this appointment you will first review the paperwork to make sure you do not see any errors. You will then meet with the attorney and he will go over all of the documents with you, make any necessary changes, and have you sign them. You will receive a copy of everything you have signed at this appointment and these documents are what we will be filing in your case.

You signed the paperwork, you did the credit counseling, and you provided us with the document checklist documents.

Your case is filed!

Once we file your case the court generates a case number right away you can call us to get the case number for your records if you wish. A few days after filing, the court also generates a hearing date and sends us a hearing notice (they will also send you a copy of this). The hearing date is scheduled for generally 30 to 40 days after the date of filing. When we get that hearing date we will send you a letter letting you know when it is, what time to be there, where to go, any documents we still need from you, and what to take to court with you. If you are filing a chapter 13 your letter will also have information about your confirmation hearing date and time.

FOR CHAPTER 7’S BANKRUPTCY:


Once you have the hearing the court has to wait at least 3 months before issuing a discharge. They have to wait this time in all cases to make sure no creditors have objections or make sure there is nothing else that the trustee or court have issue with. Your discharge will be filed about 3-4 months after your hearing date. If it has been 4 months since your hearing and you do not have a Notice of Discharge from the court or a card from our office, call us and we will find out what is holding it up.

FOR CHAPTER 13’S BANKRUPTCY:


At least one month after your first hearing you have a confirmation hearing. During the time between hearings you are to be making payments as stated in your Plan. At the confirmation hearing the court will approve your Plan and your case will continue for 36 or 60 months as stated in the Plan. The attorney will have gone over all the parts of the plan with you before your case was filed.

For the life of your case you will be required to submit your tax returns to our office so that we can send them to the trustee. If your plan states, you may also be required to submit your tax refunds to the trustee to go towards your Plan payments.
Once your Plan is complete, the trustee will do an audit (which can take up to 6 months but they will have stopped taking out payments at this point) and begin closing the case. You will receive documentation about this. You will receive a Notice of Discharge once your case is discharged and you will receive a card from our office.

 

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 !!! SOUTHFIELD BANKTRUPTCY ATTORNEY ALWAYS READY TO HELP YOU !!! 


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How Soon Can I File Bankruptcy Again?

ERASE YOUR BILLSWe get asked this all the time. There are a series of time constraints on when you can file another bankruptcy if you have had successfully discharged bankruptcy.

Here’s how it goes:

From date of FILING

Chapter 13 to Chapter 13 is 2 years.
Chapter 7 to Chapter 13 is 4 years.
Chapter 13 to Chapter 7 is 6 years (if your plan paid under 70% to your unsecured creditors).
Chapter 7 to Chapter 7 is 8 years.

There are subtleties to the law that can be confusing yet can be overcome. Don’t look at these dates and think you can’t refile. Odds are you can. This is what we specialize in. We can help you, please feel free to call!


What is a reaffirmation agreement?

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under special rules and are voluntary. They tend to be automatically generated and send to the attorney’s office; if not, one can be requested. They are not required by bankruptcy law or any other law. Reaffirmation agreements—

  • must be voluntary;
  • must not place too heavy a burden on your or your family;
  • must be in your best interest; and
  • can be canceled any time before the court issues your discharge or within 60 days after the agreement is filed with the court, whichever gives you the most time.

Reaffirmation agreements usually contain the same terms you agreed to when you first signed the mortgage or car loan and in most cases you do not have to pay more than you are already paying – unless you have fallen behind in the payments.

If you are in individual and you are not represented by an attorney, the court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court approves it.

If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged and the creditor can take action to recover any property on which it has a lien or mortgage. Which means if you signed a reaffirmation agreement on a car then did not continue paying for the car, the finance company would then be allowed to repossess the car. The creditor can also take legal action to recover a judgment against you.

Bankruptcy Law is Federal law.  This sheet provides you with general information about what happens in a bankruptcy case.  The information is not complete.  For more information please feel free to contact us at 1-844-ERASE-BILLS.

This information is provided to all debtors by the US Trustee


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Bankruptcy Information

Bankruptcy Information

You can choose the kind of bankruptcy that best meets your needs (provided you meet certain qualifications):

Chapter 7 – A trustee is appointed to take over your property – you can think of them as protecting the best interest of the creditors. Any property of value will be sold or turned into money to pay your creditors. Usually the bankruptcy protects your property and it will not be sold. You may be able to keep some personal items and possibly real estate depending on the law of the State where you live and applicable federal laws.

Chapter 13 Bankruptcy – You can usually keep your property, but you must earn wages or have some other source of regular income such as social security, pension, etc. and you must agree to pay part of your income to your creditors. The court must approve your repayment plan and your budget. A trustee is appointed and will collect the payments from you, pay your creditors, and make sure you live up to the terms of your repayment plan.

Chapter 12 Bankruptcy – Like chapter 13, but it is only for family farmers or family fishermen.

Chapter 11 Bankruptcy– This is used mostly by businesses. In chapter 11, you may continue to operate your business, but your creditors and the court must approve a plan to repay your debts. There is no trustee unless the judge decides that one is necessary; if a trustee is appoints, the trustee takes control if your business and property.

If you have already filed bankruptcy under chapter 7, you may be able to change your case to another chapter.

Your bankruptcy may be reported on your credit report for as long as ten years. It can affect your ability to receive credit in the future but in most cases it ends up raising your credit score.

WHAT IS BANKRUPTCY DISCHARGE AND HOW DOES IT OPERATE?

One of the reasons people file bankruptcy is to get a “discharge”. A discharge is a court order which states that you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot discharge debts for—

  • most taxes;
  • child support;
  • alimony;
  • most student loans;
  • court fines and criminal restitution and;
  • personal injury caused by drunk driving or under the influence of drugs.

The discharge only applies to debts that arose before the date you filed. Also, if the judge finds that you received money or property by fraud, that debt may not be discharged.

It is important to list all your property and debts in your bankruptcy schedules. If you do not list a debt, for example, it is possible the debt will not be discharged. The judge can also deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records, or lie, or if you disobey a court order.

You can only receive a chapter 7 discharge every eight years. Other rules may apply if you previously received a discharge in a chapter 13 case. No one can make you pay a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement (see below) or any kind of document to do this.

Some creditors hold a secured claim (for example, the bank that holds the mortgage on your house or the loan company that has a lien on your car). You do not have to pay a secured claim if the debt is discharged, but the creditor can still take the property. In most cases you can continue to voluntarily pay the debt and keep the property.

WHAT IS A REAFFIRMATION AGREEMENT?

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under special rules and are voluntary. They tend to be automatically generated and send to the attorney’s office; if not, one can be requested. They are not required by bankruptcy law or any other law. Reaffirmation agreements—

  • must be voluntary;
  • must not place too heavy a burden on your or your family;
  • must be in your best interest; and
  • can be canceled any time before the court issues your discharge or within 60 days after the agreement is filed with the court, whichever gives you the most time.

Reaffirmation agreements usually contain the same terms you agreed to when you first signed the mortgage or car loan and in most cases you do not have to pay more than you are already paying – unless you have fallen behind in the payments.

If you are in individual and you are not represented by an attorney, the court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court approves it.

If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged and the creditor can take action to recover any property on which it has a lien or mortgage. Which means if you signed a reaffirmation agreement on a car then did not continue paying for the car, the finance company would then be allowed to repossess the car. The creditor can also take legal action to recover a judgment against you.

Bankruptcy Law is Federal law.  This sheet provides you with general information about what happens in a bankruptcy case.  The information is not complete.  For more information please feel free to contact us at 248-559-9529.

This information is provided to all debtors by the US Trustee



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Why Hire An Attorney

An Attorney Can Only Show You The Right Track 

 

The rules governing bankruptcy are complex.  There are many documents which need to be filed and numerous deadlines to be met.  Many debtors who start their cases without legal representation soon find themselves in a position where they need legal advice.

Hire Bankruptcy Attorney

Bankruptcy Attorney -Abetterwaybankruptcy.com

From the attorney’s standpoint, it is much easier to review a potential client’s case prior to filing than to rework a case which has already been filed with the court.  If the case is filed correctly the first time, the case will move more smoothly through the bankruptcy process than if multiple corrections need to be completed.

Furthermore, there are requirements to produce a volume of documents to the Trustee’s office which support the claims made in the petition and schedules.  Experienced lawyers will know what is required prior to filing a case, and will have provided these documents to the appropriate parties prior to any hearings.

An experienced attorney will also know how to list and protect the debtor’s assets.  These exemptions can be confusing if you are not familiar with the bankruptcy code.  Those of us who practice in this area of law can all recall at least one instance when a debtor chose to represent themselves, didn’t protect a piece of property, and had the Trustee’s office attempt to collect the property to sell it for the benefit of creditors.  This does NOT have to be the case.

At A Better Way Bankruptcy, we have over 40 years of professional experience having filed thousands of cases with the Bankruptcy court.  Why hire an attorney?  We know what the courts are looking for, we know the deadline schedules, and we know at the end of our consultations what will work best for you to get you the relief you need.  Let our experience make the process easier for you.  We will take away your headaches so you can sleep at night knowing your case is in good hands.  We are with you every step of the case, and we will show you there is A Better Way.

1-844-Erase-Bills Call NOW for FREE CONSULTATION 1-844-ERASE-BILLS