Birmingham, Alabama

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Retirement Accounts and Bankruptcy: What Will Happen to Your 401(k) or IRA?

Many people who come to us for advice about filing for bankruptcy or Debtors Court want to know what will happen to their retirement accounts when they file. They have worked hard to save as much as possible, and they do not want to give up their savings.  Fortunately, retirement accounts are not at risk in the vast majority of Chapter 7 and Chapter 13 (Debtors Court) cases. While there are exceptions for certain types of accounts, these exceptions do not apply to most people. 

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Dischargeable vs. Non-Dischargeable Debts in Bankruptcy and Debtors Court

One of the main benefits of filing for bankruptcy is having your debts discharged. Once you have debts discharged through the bankruptcy process (whether under Chapter 7 or Chapter 13 (Debtors Court)), you are no longer responsible for those debts. Your former creditors cannot require you to pay the debts, and those creditors cannot pursue collection activities. Many individuals (and couples) who file for bankruptcy in Alabama will be able to have all of their debts discharged. However, there are some exceptions to the dischargeability

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Alabama Debtor’s Court: What To Expect During a Chapter 13 Personal Bankruptcy

In Birmingham, Alabama, Chapter 13 bankruptcy is often referred to as Debtors Court. Debtors Court is an option for individuals and couples who cannot afford to pay all of their bills month-to-month, but who can afford to make smaller payments and gradually pay down their debts over time. As a result, Debtors Court is a good option for Alabama residents who have some source of income and either do not qualify to eliminate their debts under Chapter 7 straight bankruptcy or prefer to minimize the

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What Is Wage Garnishment and How Can it Be Stopped?

The process that leads to wage garnishment can best be explained by example.  Suppose you owe a creditor, such as a credit card company, and you are unable to pay your credit card bill.  The creditor can file a lawsuit against you.  If the judge or jury determines that you owe the money, then the creditor will win the lawsuit and will be granted what is called a judgment.  A judgment is a court order signifying that the creditor has won its lawsuit and that

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Chapter 13 Bankruptcy (Debtors Court) to Stop Repossession of Vehicles

Stopping the repossession of a car or other vehicle is one of the most important uses of Chapter 13 Bankruptcy (or Debtors Court, as it is called here in the Birmingham, Alabama area). Once a Debtors Court case is filed, creditors are prohibited by federal law from repossessing your car, truck, motorcycle or any other type of vehicle. Timing of the Filing Prior to 1998, at least one Bankruptcy Judge in Birmingham ruled that if a Debtors Court case was filed within 10 days after

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Jefferson County No Longer Largest Municipal Bankruptcy

When Jefferson County, Alabama, filed Chapter 9 bankruptcy in November 9, 2011, it was the largest municipal bankruptcy case in history. That is no longer the case since the city of Detroit, Michigan recently filed its own Chapter 9 bankruptcy case. Jefferson County had debts of approximately $4 billion while Detroit has debts of approximately $18 billion. The purpose of Chapter 9 is to give cities and counties the ability to reorganize their debts. Jefferson County has submitted a plan to complete its bankruptcy case.

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Stop Foreclosure and Save Your Home: Bankruptcy or Debtors Court?

People do not often associate Bankruptcy with stopping foreclosure and saving their home. However, that is actually one of the main objectives of Chapter 13 Bankruptcy (or Debtors Court, as it is called here in the Birmingham, Alabama area). Unlike Chapter 7 Bankruptcy, where an individual seeks to get rid of his or her debts, Debtors Court involves a repayment plan or debt consolidation plan. When you file a Debtors Court case, federal law will stop the foreclosure sale so that you can save your

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Contact us today.

205.328.3328

We offer FREE advice by phone and FREE appointments and consultations.