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  • Will chapter 13 help me pay the backtime child support along with my other debt and keep my drivers license?

    I currently reside in Alabama, ive been divorced since 2011 and divorce has brought me into very bad situations with my child support and even down to my living situation and and even effects me keeping jobs, because I don't have immediate family ...

    Bradford’s Answer

    Many people wrongfully believe that bankruptcy cannot help with child support and or alimony issues. While it is true that you can't discharge, or get rid of, these type debts through bankruptcy; a chapter 13 bankruptcy may provide you with an opportunity to catch up if you get behind. One of my law partners recently blogged on this topic and I have included a link to his blog post which provides more detail than can be provided here.

    Importantly, the filing of a chapter 13 bankruptcy should also keep your driver's license from being suspended for failure to pay the past due support.

    I strongly suggest that you consult with an experienced consumer bankruptcy attorney as soon as possible.

    Best wishes!

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  • Can a creditor garnish you for a car that you voluntarily turned over 11 years ago? How can I stop it?

    I received a letter stating that the creditor had filed a judgment against me back in 2007 in Birmingham, AL which I had no Idea about until this year when I received the letter. The car was turned in because it was a " lemon" and they did not wis...

    Bradford’s Answer

    You may very well have non-bankruptcy options. This is especially true if you were not given proper notice when the lawsuit that resulted in the judgment against you was filed. I encourage you to meet with an attorney as soon as possible. Be certain to pick an attorney who provides both bankruptcy and non-bankruptcy solutions.

    Best wishes!

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  • Is it safe for me to close any current accounts I have before filing bankruptcy, or do I need to close current accounts?

    Do i need to close any accounts that I am current on before filing chapter 7 bankruptcy or once I file will they be closed automatically?

    Bradford’s Answer

    I presume by your question that you are asking about closing deposit accounts with a bank or credit union. It is normally not necessary that you close all bank accounts but you should certainly not have any high balances at the time you file as you are only able to exempt (protect) a limited amount of personal property. Some banks will freeze an account when a bankruptcy is filed if they see more than a nominal balance. Most importantly, you should be careful if any of the banks are also listed as creditors in your bankruptcy. You may find interesting this blog post recently written by one of my law partners on the subject.

    http://www.bondnbotes.com/2015/02/19/bank-accounts-where-you-owe-money/

    Best wishes!

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  • I got denied a modification loan due to judgements im 6 monthss behind can i still file ch 13 to save home

    the judgements were not on credit report how did the bank ok me a loan for the house without knowing about the judgements

    Bradford’s Answer

    Yes you can. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far a trying to collect on the judgment. It can garnish wages and bank accounts, it can force the sheriff to seize your home, real estate, and personal property. It can place a judgment lien on your home and real estate through the probate office. It is important that you consult with a qualified consumer bankruptcy attorney in person as quickly as possible. Most firms, including ours, offer a free consultation. Please act before it is too late. Best wishes.

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  • Can i file ch.13 if i have judgements against me in order to save my home i'm 6 months behind

    due to losingjob and now i'm working but i'm making less money

    Bradford’s Answer

    Yes you can. In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far a trying to collect on the judgment. It can garnish wages and bank accounts, it can force the sheriff to seize your home, real estate, and personal property. It can place a judgment lien on your home and real estate through the probate office. It is important that you consult with a qualified consumer bankruptcy attorney in person as quickly as possible. Most firms, including ours, offer a free consultation. Please act before it is too late. Best wishes.

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  • Im 6 months behind in my morgage can i start ch. 13 bankrupcy

    i fell behind do to losing my job

    Bradford’s Answer

    The simple answer to your question is yes. More importantly, however, you should consult in person with a qualified consumer bankruptcy attorney as quickly as possible. Keep in mind that the foreclosure process in Alabama is very short. Once commenced, the entire process can be completed in less than a month and a half. Don't wait until it is too late. Most consumer bankruptcy law firms, including ours, offer free initial consultations. Call and learn your rights now. Best wishes.

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  • Is it better to do debt consolidation or bankruptcy ???

    Trying to get down to one payment

    Bradford’s Answer

    There are many different types of "debt consolidation". As one of my colleagues has pointed out, it is indeed possible to "consolidate" your debt through a chapter 13 bankruptcy. The benefits of chapter 13 are many. For instance, the entire proceeding is overseen and if necessary enforced by a federal bankruptcy judge. All fees charged by an attorney and/or other professionals must be reasonable and approved by the bankruptcy judge. Once your chapter 13 debt consolidation is approved, or confirmed, by the judge; all of your creditors MUST comply. They at that point have no option and are subject to sanctions if they fail to do so. Most other types of debt consolidation require "voluntary" cooperation from creditors. There is no enforcement procedure and very little regulation. I have practiced consumer bankruptcy law for over 25 years and have seen many people who have lost their money via unregulated debt consolidation scams. If your credit is already in bad shape, a chapter 13 debt consolidation will often actually improve your credit more quickly than a non-bankruptcy debt consolidation. The reason for this is that upon completion of a chapter 13 debt consolidation plan, you will have a court order stating that all of the debts provided for have been satisfied. This is certainly not the case in an unregulated debt consolidation. The best advice that I can give you is to seek the advice of an experienced consumer bankruptcy attorney. Most of us in your area offer a free consultation through which we can help you to fully evaluate your options. Best wishes!

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  • Payday loans overload-trying to make arrangement with them- but they won't work with me Got sick - got behind what can i do?

    $2500 pd loan plus interest was paying on time sick -- off wk - got behind on everything

    Bradford’s Answer

    Payday lenders are largely unregulated and can be very aggressive with their collection activities. Even worse, they often have your bank account number and will arbitrarily simply withdraw money from your account. If the payday lenders will not work with you, it may be in your best interest to consult with an experienced consumer law attorney. Most of us offer free initial consultations. During the consultation, the attorney should help you explore all of the options available to you under the law. Legal remedies do exist.

    Best wishes.

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  • Can I put title loan in debtors court or bankruptcy without losing my car

    Been paying title loan on time for a year struggling this month and title place wants to repossess my car

    Bradford’s Answer

    It sounds like a chapter 13 bankruptcy (Debtor's Court) may be the answer to your problem. I have practiced bankruptcy law in Birmingham for over 20 years and the court here will generally allow for a title loan to be paid through the trustee at a very low interest rate. This would allow for you to keep your car and pay off the loan.

    Best wishes.

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  • Republic finance lied to me on a refi loan now iam in a wage garishment help

    i had a wage garishment against me through republic and they told me if i refi the loan it would stop. paid them 150 dollars and guess what it did not stop. now monday there withholding 198 dollars from my paycheck plus paying them 150 month for...

    Bradford’s Answer

    Something certainly sounds wrong here. I strongly suggest that you consult with a qualified consumer attorney. Best wishes.

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