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 […]


The Difference Between Debt Settlement, Consolidation and Management

Posted by David J. Hinkle, Esq. on January 16, 2014.

Companies that claim to help ease the burden of your debt are so tempting!  It seems like a great idea… and sometimes it is.  But please be careful before you move forward with these companies!  Unfortunately this industry is ripe with scammers… and even if the company is not scamming and is completely legitimate, 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 I Really Sue a Debt Collector If I Owe The Debt?

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

The reality is that most people who have found themselves on the wrong end of a debt collector would love to be able to pay the debt. We’ve all run into financial difficulties but that doesn’t mean that you’re not entitled to some rights. Whether or not you owe the debt is irrelevant. In fact, […]



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. […]


7 Things Debt Collection Agencies Cannot Do

Posted by David J. Hinkle, Esq. on September 15, 2013.

Having unpaid debts can be stressful. Being called and having letters sent to you by debt collection agencies can make a stressful situation even worse. However, even if you legitimately owe a debt, there are rules that debt collection agencies must follow. Most consumers don’t know that they have rights even if they owe a […]



Tips for Dealing with Debt Collection Companies

Posted by David J. Hinkle, Esq. on September 13, 2013.

If you’ve found yourself in the stressful position of getting contacted by debt collection companies, take a look at these tips. They may help you minimize or eliminate the issue altogether. First, make sure that the debt collector is actually looking for you and not someone else. This may sound like a no brainer but […]