Representing Maryland Residents By Eliminating Debt
Upper Malboro Bankruptcy Attorney
If you are looking for an Upper Malboro bankruptcy attorney, contact Phillips Law Offices. We have helped many people in Maryland file for Chapter 7 and Chapter 13 bankruptcy.
Bankruptcy Lawyer Near The Upper Malboro District Court
The Phillips Law Offices is the ideal choice if you are looking for bankruptcy attorneys near Upper Marlboro, MD with over 20 years of experience in dealing with all types of bankruptcy cases. We have helped discharge millions of dollars in tax liens, credit card debt and medical bill debt. We provide free consultations so you can talk to us about all your options before making any legal decisions. Our bankruptcy attorneys are prepared to answer your questions about Chapter 7 and Chapter 13 bankruptcies, credit reporting, foreclosure, garnishment of wages and repossession.
Upper Malboro is a census-designated place and an unincorporated area in Prince George’s County, Maryland, about five miles northeast of Washington, D.C. The population was 23,068 at the 2010 United States Census.
It contains Marlboro Elementary School and the Marlboro Park community recreation center and pool, which used to be managed by West Lanham Hills Youth and Family Services Center. There is a golf course nearby that people frequent and there often for recreation and sporting, as well as the County’s District Court
Upper Malboro Bankruptcy Attorney Helping Stop Collection Cases
Have you been receiving calls from a collection agency concerning a past due balance on your credit card, mortgage or even an old utility bill?
If so, our Upper Malboro bankruptcy attorneys can help. A Chapter 7 bankruptcy filing will stop all collection procedures against the debtor rendering the judgment uncollectible. Any attempt by creditors to collect after the filing of these proceedings is both illegal and subject to criminal prosecution. For example, if you are sued for nonpayment of an alleged debt after this proceeding has commenced, any judgment entered in court would be unenforceable under federal law. This gives our clients peace of mind knowing that their assets are protected should they ever be taken to collections court.
Chapter 7 Filing
A chapter 7 bankruptcy case is a type of bankruptcy filing that allows an individual to obtain a discharge of their debts within the shortest amount of time: typically three to six months. The eligibility requirements for filing a chapter 7 bankruptcy vary depending on whether you file as an individual or jointly with your spouse. In general, the following criteria must be met.
You cannot have certain specified types of debt not discharged by a chapter 7 bankruptcy, such as money owed due to fraud while acting in a fiduciary capacity; money owed from court fines and penalties (e.g., parking tickets) or criminal restitution; student loans or wrongful death.
Chapter 13 Cases
Many people are reluctant to file for bankruptcy because they think the filing will ruin their credit. However, there are actually many benefits to filing a chapter 13 bankruptcy case in Maryland. For example, you get to keep property (including cars and houses) you want while paying off your debts through a repayment plan with creditors. Many types of debts can be included in this repayment plan including credit cards, utility bills, medical bills, past due notices letting someone know that they failed to make payments on an obligation like finance charges or interest, car loans and even mortgage arrears.
Using The Automatic Stay
If a person files a petition for a bankruptcy case then creditors cannot start or continue any legal actions against the debtor, his or her property and income. This stoppage of action is known as an “automatic stay” under federal law (Section 362 of Title 11). In Maryland you will find Section 8-501 of the Courts and Judicial Proceedings Article. Under this section it states that if there has been a filing of bankruptcy then no one can file cases against the debtor after the filing. The automatic stay also stops foreclosure proceedings from creditors to prevent them from taking further measures to recover on debts owed.
The creditor must stop all collection activity until it gets a court order allowing some type of continued collection efforts. The automatic stay does not allow a creditor to gain possession of the consumer’s property from the debtor.
Debt Settlement Services
When you find yourself in debt, there are many things a lawyer can do for your situation. If not just settling and refinancing. There are other methods too. A good attorney will work with creditors so that the best way out might emerge from all available choices or they’ll create their own solutions depending how much leverage each individual creditor has on you at any given time during negotiations between them to settle debts without interest rates increasing drastically after every month’s repayment attempt which would leave those who owe large sums long-term obligations as well when this doesn’t happen again unless new agreements about payment terms come into play soon enough.
Adversary Proceeding & Litigation
After the filing of a chapter 7 bankruptcy petition, creditors may file an adversary Proceeding objecting to the debtor’s discharge. The bankruptcy lawyers for the Phillips law offices can defend you if the Trustee has challenged your right to a discharge of your individual debts.
If the Trustee files an objection to discharge, he or she must prove that one of the five grounds for exception to discharge exists.
