Financial difficulties can be incredibly stressful and overwhelming. If you are drowning in debt, facing foreclosure, or dealing with constant creditor harassment, you may feel like there’s no way out. However, working with an experienced bankruptcy attorney can give you the opportunity to regain control of your finances and start over. Padgett & Robertson specializes in helping individuals and businesses through the bankruptcy process, providing expert legal guidance and support every step of the way.

Understanding Bankruptcy and How It Works

Bankruptcy is a legal process designed to help individuals and businesses eliminate or repay debt under the protection of the federal bankruptcy court. It’s not a sign of failure—it’s a tool that allows people to reorganize their finances and get back on track.

Types of Bankruptcy

There are several types of bankruptcy filings, but the two most common for individuals are:

1. Chapter 7 Bankruptcy

Also known as “liquidation bankruptcy.”
Allows you to eliminate most unsecured debts (like credit card debt and medical bills).
Involves selling non-exempt assets to repay creditors.
A faster process, usually completed within 4–6 months.

2. Chapter 13 Bankruptcy

Also known as “reorganization bankruptcy.”
Allows you to create a repayment plan over 3–5 years.
Lets you keep your assets while repaying a portion of your debt.
Best suited for individuals with a regular income.

When to Consider Filing for Bankruptcy

You may want to consult a bankruptcy attorney if you are:

Unable to make minimum payments on debts.
Facing foreclosure on your home.
Receiving constant calls and threats from creditors.
Having wages garnished or bank accounts frozen.
Facing overwhelming medical or credit card debt.

How a Bankruptcy Attorney Can Help You

Hiring a bankruptcy attorney can make a significant difference in how smoothly your case proceeds. An experienced attorney understands the complexities of bankruptcy law and can help you navigate the process while protecting your rights and assets.

1. Evaluate Your Financial Situation

A bankruptcy attorney will review your financial situation, including your income, expenses, debts, and assets. Based on this information, they will recommend the best course of action—whether it’s Chapter 7, Chapter 13, or an alternative solution.

2. Provide Legal Guidance and Advice

Bankruptcy laws are complex and constantly changing. A skilled attorney ensures you understand your options and the potential outcomes of each decision. They can also help you avoid common mistakes that could jeopardize your case.

3. Handle Paperwork and Court Filings

Filing for bankruptcy involves a significant amount of paperwork and strict deadlines. Your attorney will handle all the necessary documentation, ensuring accuracy and compliance with court requirements.

4. Represent You in Court

In most cases, you will need to attend a meeting of creditors (also known as a 341 hearing). Your bankruptcy attorney will represent you during this process and any other court appearances, ensuring your rights are protected.

5. Protect You from Creditors

Once you file for bankruptcy, creditors are legally required to stop contacting you and attempting to collect debts. Your attorney will ensure that the automatic stay is enforced and handle any creditor disputes on your behalf.

6. Help You Keep Your Assets

An attorney can help you understand which assets are exempt from liquidation under state and federal law. They will work to protect your home, car, retirement accounts, and other essential assets.

7. Develop a Financial Recovery Plan

Filing for bankruptcy is just the first step toward financial recovery. A bankruptcy attorney will help you create a realistic budget and provide guidance on rebuilding your credit after bankruptcy.

Benefits of Hiring a Bankruptcy Attorney

Here are some of the key benefits of working with a bankruptcy attorney:

Expert legal knowledge and advice.
Protection from creditor harassment.
Increased chances of a successful outcome.
Faster resolution of your case.
Peace of mind knowing your case is handled professionally.

Chapter 7 vs. Chapter 13 Bankruptcy

Feature	Chapter 7	Chapter 13
Type of Bankruptcy	Liquidation	Reorganization
Eligibility	Based on income and means test	Requires a regular income
Duration	4–6 months	3–5 years
Debt Discharge	Most unsecured debts are discharged	Some debts are repaid through a payment plan
Asset Protection	Limited protection for non-exempt assets	Protects most assets through repayment
Effect on Credit Score	Stays on credit report for 10 years	Stays on credit report for 7 years

Why Choose Padgett & Robertson?

With over 40 years of experience, Padgett & Robertson has helped thousands of clients in Mobile and across Southern Alabama achieve financial freedom through bankruptcy. Our knowledgeable attorneys specialize in both Chapter 7 and Chapter 13 cases and provide personalized legal support from start to finish.

1. Experienced and Compassionate Legal Support

The attorneys at Padgett & Robertson understand the emotional toll that financial problems can take. They treat each client with respect and compassion, offering non-judgmental guidance throughout the bankruptcy process.

2. Free Consultation and Flexible Payment Options

Padgett & Robertson offers free consultations to help you understand your options and make informed decisions. They also provide flexible payment plans to make legal services more accessible.

3. Personalized Solutions

Every client’s situation is different. The team at Padgett & Robertson tailors their legal strategy to fit your specific financial situation and goals.

Common Myths About Bankruptcy

Myth #1: Bankruptcy Means Losing Everything

Truth: Bankruptcy laws allow you to keep essential assets, including your home, car, and retirement savings.

Myth #2: Bankruptcy Permanently Ruins Your Credit

Truth: While bankruptcy does affect your credit score, you can begin rebuilding it immediately after your case is resolved.

Myth #3: Bankruptcy Is a Sign of Failure

Truth: Bankruptcy is a legal tool designed to help people regain control of their finances—it’s not a personal failure.

Steps to Take After Filing for Bankruptcy

1. Follow the terms of your bankruptcy agreement – Make all required payments on time.

2. Monitor your credit report – Check for errors and ensure discharged debts are removed.

3. Create a budget – Develop a realistic financial plan to avoid future debt problems.

4. Rebuild your credit – Open a secured credit card or take out a small loan to establish positive credit activity.

5. Seek financial advice – Work with a financial advisor or your attorney to stay on track.

Contact Padgett & Robertson Today

If you are struggling with debt and need a fresh start, Padgett & Robertson can help. Our experienced bankruptcy attorneys will provide the guidance and support you need to navigate the bankruptcy process with confidence.

Call (251) 342-0264 or visit Padgett & Robertson to schedule your free consultation today!

How a Bankruptcy Attorney Can Help You Get a Fresh Start