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Chapter 13 Bankruptcy

Monday, November 5, 2018

Getting Rid Of Credit Card Debt

The average Alabama resident has $7,105 in credit card debt. This is a significant chunk of change, which is probably why credit card debt is one of the number one reasons people file for bankruptcy.

Unlike many other kinds of debt, credit card debt can be fully discharged, or wiped out, through the bankruptcy process. Most people who are struggling to pay off credit card debt prefer to file under Chapter 7 rather than Chapter 13 of the bankruptcy code because they want their credit card debts forgiven.

Forgive and Forget or Pay it Back?

Whether your credit card debt can be forgiven typically depends on what chapter of the bankruptcy code you file under.


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Friday, August 31, 2018

How Much Does It Cost To File For Bankruptcy? Chapter 7 vs. Chapter 13

One of the things a lot of our clients find frustrating is that filing for bankruptcy is not free. It seems to them that the government should understand that the people who are filing do not have extra money to spare. We understand this, which is why we work with our clients to make sure they can afford the legal help they need.


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Saturday, January 20, 2018

Court Shortens Time Period For Creditors To Make Claims


A college football game has four, fifteen-minute, quarters. College basketball players get two, twenty-minute, halves. Hockey players skate three, twenty-minute, periods. These game clock rules were shaped by tradition, but today are mandated by the governing boards that oversee each sport. The legal world operates in a similar fashion.
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Sunday, August 20, 2017

What is Normal?


One of the questions a lot of our clients ask is whether their particular situation is normal. Our response is almost always yes. Most people coming to us are Read more . . .


Monday, May 1, 2017

Can I Keep My Boat If I File For Bankruptcy?


According to estimates from the U.S. Coast Guard, over 25% of all Alabama residents go boating each year, and almost one fifth of the state lives in a household that owns some type of boat. Boating is a fun, family-friendly activity, and for many people in our state it’s the way they feed their family or earn a living. So, it should come as no surprise that a lot of potential bankruptcy filers are worried the government will seize their boat if they file for bankruptcy.
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Sunday, March 26, 2017

How Many Times Can You File For Bankruptcy?


How Many Times Can You File For Bankruptcy?

During the recent presidential campaign, now-President Trump’s multiple bankruptcies were discussed quite a few times. He made it clear that he has never filed for personal bankruptcy, but that he has been more than happy to take advantage of the bankruptcy laws when his businesses were in trouble. In fact, Trump-owned businesses have filed for bankruptcy four times.

When the news started to spread that Trump’s businesses had filed for bankruptcy more than once, several people reached out to our firm and asked if filing for bankruptcy multiple times was something “normal people,” aka not billionaires, could do. The short answer is yes, you can file for bankruptcy as many times as you need to.
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Sunday, February 26, 2017

Supreme Court To Decide Debt Collection Case With Alabama Roots


Debt collectors are some of the most-hated folks on the face of the earth. People like them even less than lawyers, which is saying something. Unlike lawyers, debt collectors deserve their rotten reputation. They aren’t out to help anyone but themselves as they pester, threaten, and sweet talk people into paying off debt that in some cases is no longer collectable.

The highest court in the land, the United States Supreme Court, has actually taken up a case that centers around expired credit card debt that a debt collector attempted to get an Alabama woman to pay back when she filed for bankruptcy.


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Friday, February 17, 2017

Think You Are The Only One Filing Bankruptcy? Think Again.

Sometimes the people that come into my office are embarrassed. They think everyone else in the world has things figured out, but they are a huge screw-up because things are not going great for them. The truth is 26,269 bankruptcy cases were filed in Alabama last year, meaning there are a heck of a lot of people in our state going through hard times right now. In fact, Alabama is actually doing worse than the rest of the nation when it comes to bankruptcies.



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Monday, January 23, 2017

Are Attorney Fees Dischargeable in Bankruptcies?


Everyone files for bankruptcy with different overwhelming financial obligations looming over their heads. Sometimes, those obligations include legal fees. Ideally, particularly with a Chapter 7 bankruptcy, all debts will be wiped out, or at least reduced in a Chapter 13 bankruptcy. Unfortunately, some obligations will remain including certain legal fees. Generally speaking, unsecured legal fees are fully dischargeable in a Chapter 7 bankruptcy, just like any other unsecured debt.


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Monday, October 17, 2016

Family of deceased veteran suing Wells Fargo over sudden foreclosure


How can you save your house during a bankruptcy?

Perhaps one of the common questions that comes up when we talk to people about filing for bankruptcy is: Will I get to keep my house? Being able to hit the refresh button on your finances while still being able to live in your home is often critical to people’s decision to file. 

While it’s often the case that people can keep their homes during bankruptcy, if there’s a foreclosure in the process, banks tend to make it harder to do.

Unsavory Bank Tactics Trigger Foreclosure

Wells Fargo has recently come under scrutiny again when it suddenly foreclosed on a deceased veteran’s home.


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Tuesday, June 28, 2016

What Does That Really Mean? Common Bankruptcy Terms Explained


What Does That Really Mean? Common Bankruptcy Terms Explained 

When the attorneys at our firm talk with someone who is thinking about filing bankruptcy, or someone who is already going through the bankruptcy process, we try to talk like normal humans rather than the legal mutants we are.


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Bankruptcy Law News

Padgett and Robertson assist clients with Bankruptcy, Personal Bankruptcy, Consumer Bankruptcy, Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and The New Bankruptcy Law in Mobile, Alabama and throughout southern Alabama. Alabama State Bar Association Regulations require the following: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." 11 U.S.C. 528 of the U.S. Bankruptcy Code requires the following: "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”



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Alabama State Bar Association Regulations require the following: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." 11 U.S.C. 528 of the U.S. Bankruptcy Code requires the following: "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”