Do I have to File Bankruptcy in West Virginia if My Husband or Wife Does?

Posted by David J. Hinkle, Esq. on January 20, 2014.

Short Answer: Absolutely not.   This is a common question that I often get from clients. You can only file a joint bankruptcy case with a spouse.  However, just because you are married does not mean that you have to file a joint bankruptcy in West Virginia.  There are plenty of times where it is […]


Getting To Know Your Credit Card

Posted by David J. Hinkle, Esq. on September 20, 2013.

How many of you have really taken the time to understand your credit card account? Before I started working in this area of the law, I never did. When I got a bill, I just paid it. If the interest rate changed, I just accepted it. If a fee was assessed, I just assumed it […]


Can Bankruptcy Stop a Foreclosure in West Virginia?

Posted by David J. Hinkle, Esq. on September 17, 2013.

There are few places in the United States that have been affected by foreclosures like Martinsburg and the Eastern Panhandle of West Virginia. As a bankruptcy lawyer, I’ve met with many clients who were on the verge of losing their homes. Thankfully, I’ve been able to help many of them. Like all collection actions, a […]


Does Bankruptcy Stop Wage Garnishments in West Virginia?

Posted by David J. Hinkle, Esq. on September 16, 2013.

Yes! Declaring Bankruptcy in WV does stop wage garnishments. West Virginia is like most states in that it allows for judgement creditors to garnish your wages in order have a debt repaid. In order for a creditor to garnish your wages, they first have to take you to court and get a judgement against you. […]



Does Your Debt Have A Statue Of Limitations?

Posted by David J. Hinkle, Esq. on September 4, 2013.

What is a statute of limitations? What does it mean for debt collection? A statute of limitations is a federal or state law that restricts the time within which legal proceedings may be brought. In simpler terms, it’s the time limit on when you can be sued on a debt. Figuring out the statute of […]


3 Reasons Why Avoiding Bankruptcy Can Be a Big Mistake?

Posted by David J. Hinkle, Esq. on September 2, 2013.

For some people struggling with debt, the worst thing to do is avoiding bankruptcy and treating it as a last resort. Oftentimes, people are so scared by the thought of filing bankruptcy that they take the advice of friends and family members who have good intentions but don’t know the first thing about bankruptcy. I […]



Don’t Be Scared By Bankruptcy & “Horror” Stories

Posted by David J. Hinkle, Esq. on August 27, 2013.

I meet with a lot of potential clients who have been told a myth or two about bankruptcy. I’m forever adding to the list of those myths in hopes that I can help educate consumers about their rights and all of the powerful tools available in bankruptcy. As a result of these myths, a lot […]