We Are Here to Help You Obtain a Fresh Financial Start
The compassionate and experienced legal team at Agins Law Firm, PLC understands that life can be overwhelming if you can no longer afford to pay off your debts due to financial hardship. Whether you lost your job or owe substantial medical bills, we are here to help you determine if filing for Chapter 7 bankruptcy is the right option to eliminate your debt and get you back on the right track.
We proudly help clients all throughout Chandler, Gilbert, Tempe, Mesa, Phoenix and the surrounding areas file for Chapter 7 Bankruptcy so that they can take control of their financial situations. Please don’t hesitate to get in touch with us so that we can use our extensive resources and in-depth knowledge of the to help you make informed decisions.
What Is Chapter 7 Bankruptcy?
The objective of the typical Chapter 7 bankruptcy filing is to eliminate all or some of your unsecured debts through a discharge. A discharge is a court order that states you don’t have to pay all of your scheduled unsecured debts. No creditor can require you to pay a debt that has been discharged. In Chapter 7, however, some debts cannot be eliminated.
Chapter 7 is known as a straight (liquidation) bankruptcy and is the most common type of bankruptcy filed in the United States. Chapter 7 bankruptcy is a good option when you have too much debt or have too many creditors to qualify for debt settlement. Additionally, some of your exempt assets can be protected under the Chapter 7 bankruptcy agreement.
FAQ: Filing for Chapter 7 Bankruptcy
Are you struggling with debt? If so, know that Agins Law Firm, PLC, is here to help you identify the best options for getting back on your feet. Below, we answer common questions our clients ask us about filing for Chapter 7 bankruptcy:
Question #1: How long is the typical Chapter 7 process?
A: The typical Chapter 7 bankruptcy process takes 4 months from the date your petition is filed. After you file, about 30 days pass until the Section 341 Meeting of Creditors occurs. Then, 60 days thereafter you will receive a discharge if there are no objections. Your bankruptcy case should close approximately a month later, however, the Court sometimes delays closing the case.
Question #2: What does the bankruptcy trustee do?
A: The trustee's job is to gather or marshal any non-exempt assets you have and to convert them to cash for the benefit of your creditors.
Question #3: Can I file for Chapter 7 jointly with my spouse?
A: Yes. Spouses have the option to file a joint petition under a Chapter 7 bankruptcy. If you file a joint petition, only one set of bankruptcy forms is needed, and you will be charged just one filing fee.
Question #4: Will filing for Chapter 7 bankruptcy stop wage garnishment?
A: Filing for Chapter 7 can stop wage garnishment. After you file the bankruptcy petition, a notice of an automatic stay will be issued to your creditors and your employer that orders them to cease all wage garnishment actions. While the automatic stay is in place, creditors can’t initiate or continue lawsuits against you or contact you to demand past-due payments.
Question #5: Can I keep my home if I file a Chapter 7 bankruptcy?
A: You can keep your home in Chapter 7 bankruptcy if all of your equity in the house is exempt. If all of the equity is exempt, then the Chapter 7 bankruptcy trustee can't sell the home as part of the bankruptcy agreement. If you don’t fall behind on the mortgage while you are in bankruptcy, you can keep the house.
Filing a bankruptcy petition requires thoroughly documenting your assets and liabilities. Our bankruptcy team will furnish you with checklists to help you provide us with the required information. We understand that this is a daunting prospect for many clients, so we welcome your calls at any time for help with the document-gathering process. We also will provide you with written information to explain the bankruptcy process and what to expect at each step along the way.
At Agins Law Firm, PLC, we believe people struggling with debt shouldn’t view bankruptcy as failure, but as an opportunity to pursue financial freedom and stability. Our legal professionals want you to feel confident that your best interests are protected, so please don’t hesitate to speak to us about your situation so that we can leverage our cutting-edge resources to help you find solutions.
How we do itAgins Law Firm is a local firm focused on the needs of our neighbors. We are committed to helping you realize your goals in caring for seniors and special-needs family members, protecting your assets and conveying them to future generations, taking advantage of various business opportunities and coping with financial problems involving debt relief and filing for bankruptcy.
What we doWe have chosen to focus our practice in the specific areas of estate planning/elder law, business law and bankruptcy/debt relief. We are a full-service firm that is equipped and eager to help our neighbors throughout the East Valley with comprehensive business and personal legal services.
Who We areWe have dedicated ourselves to gaining substantial expertise in our chosen practice areas and concentrating our efforts in those areas to provide you with current, focused and prudent legal counsel.