People find themselves falling on hard times from now and then. Maybe you or your spouse were injured at work and the disability payments aren't enough to make the normal monthly payments on your debts. Or you've been laid off and are drawing unemployment. Or, perhaps, you just let things get a little out of hand and have ended up with a lot of debt that you can't pay. The United States Bankruptcy Code can offer protection to people who find themselves in over their heads, and Erek Sittig can help you navigate through the process.
Erek offers Chapter 7 bankruptcy services to clients across Eastern Iowa, in both the Northern and Southern Districts of Iowa. Chapter 7 allows persons who earn less than a certain income level to discharge their unsecured debts, meaning that they no longer must pay those debts. Following are a number of frequently asked questions about Chapter 7 bankruptcy:
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
The Bankruptcy Court Charges $299 in filing and other fees for a new Chapter 7 case. This charge is generally required at the time of filing, though in some cases it may be paid in installments and in others it may be waived. The filing fee is the same for individual and joint filers.
For uncontested personal Chapter 7 cases, Erek charges a flat fee of $1,051. This amount must be paid prior to filing. Please note that this fee is available only to clients whose matters are uncontested personal Chapter 7 bankruptcy. Should there be any litigation of any issue, the flat fee will not apply. If your case is not an uncontested personal Chapter 7 bankruptcy, please call for a no obligation written estimate of the fees likely to be charged.
Chapter 7 filers are not required to make payments under a payment plan. In some cases, creditors may be successful in asking the Bankruptcy Court to move certain cases to Chapter 13, where a payment plan is required, but the majority of Chapter 7 cases remain Chapter 7 cases.
Filing for bankruptcy is a personal choice and not one to take lightly. A bankruptcy filing will significantly affect your credit. Chapter 7 generally works well for people who have a lot of unsecured debt (usually credit cards). If you are considering bankruptcy, you should contact an attorney to ask questions about your own personal circumstances.
Bankruptcy and Iowa law protect certain property from being seized and sold to pay a person's debts. Most Chapter 7 filers will be able to keep all of their property. However, if a person owns real estate that is not the person's home, or owns more than one vehicle (two for joint filers) they may lose that property, unless they are able to buy it back from the bankruptcy trustee. For more specific information concerning your personal circumstances, you should contact an attorney.
Every Chapter 7 filer will be required to appear in front of the trustee for his or her case to answer questions about the person's petition. Creditors may also appear to ask questions of the filer. This meeting is known as the 341 Meeting or Meeting of Creditors. Erek accompanies his clients to the Meeting of Creditors to provide advice and help answer questions. Payment for this service is included in the flat fee stated above.
Aside for the Meeting of Creditors, most filers will not be required to appear in court or in front of a judge.
Debts against real estate and automobiles are secured debts. If you don't make the scheduled payments, while the creditor would not be able to get a judgment against you after a discharge, the creditor could still take the real estate, automobile or whatever property secures the debt.
A bankruptcy filer can reaffirm debts, if the they so choose. Many people choose to reaffirm those debts and continue paying on them. When you reaffirm a debt, it is not discharged, and you remain liable for the payments.
The Meeting of Creditors usually occurs within 30 to 45 days from the date the bankruptcy petition is filed. The Court usually grants a discharge within 60 days after the Meeting of Creditors. The whole process usually lasts around four months, total.
If you've received a discharge in a previous Chapter 7 case, you may not receive another discharge until 8 years have passed. Different time periods apply for other bankruptcy chapters.