Can I File For Student Loan Bankruptcy? Under the United States Bankruptcy Code, you can get debt relief if you need a fresh start to get your finances in order. The protection can be helpful if you have been burdened by student loan debt for years, subjecting you to predatory practices. You may have heard that student loans can’t be discharged in bankruptcy, but that’s not true. The Department of Education takes essential steps to avail bankruptcy relief to federal student loan borrowers. Private student loan borrowers can also receive the relief the Code provides. To pursue student loan bankruptcy relief, consult skilled debt collection lawyers in West Virginia. They can provide legal guidance on how to have the debt discharged. They can also ensure lenders, servicers, loan owners, and debt collectors honor that debt relief when the court removes your debts. Which Education Loans Can Be Discharged In Bankruptcy? Discharging student loan debt is possible,…Read More
How Often Can You File For Bankruptcy? The law allows you to file for bankruptcy as often as necessary, but you must wait a specific period between filings. Besides, how often you can file depends on the type of bankruptcy in question. Understanding bankruptcy rules and how often you can file can be complex, but skilled West Virginia bankruptcy lawyers can provide legal guidance. Are There Limitations On How Often I Can File For Bankruptcy? Working to improve your credit history after filing for bankruptcy is crucial. However, sometimes debt may become overwhelming, with your last resort being filing a repeat bankruptcy. Your eligibility to file a new bankruptcy petition depends on the designated waiting limits between each bankruptcy and whether your previous case was successfully dismissed. Rules On Bankruptcy Waiting Periods Waiting periods only apply if the court successfully discharged your debt when you filed for bankruptcy. A discharge releases you from the responsibility…Read More
Are There Laws That Protect Debtors From Creditor Harassment? West Virginia has state (Chapter 46A Article 2) and federal laws that protect consumers from unfair debt collection practices. The regulations stipulate penalties for debt collectors that violate the rules. They risk losing their operating licenses if they’re sued in a class action lawsuit. Creditor harassment is common, and if you’re a victim of the practice, consider consulting skilled West Virginia bankruptcy lawyers. They can provide an overview of creditor harassment practices and how you can protect yourself from the same. They can also advise on the legal course of action to follow. Fair Debt Collection Practices Act (FDCPA) The FDCPA was passed in 1977 to regulate debt collection actions and applies to collection agencies, not the original creditor. The act prohibits the following behavior by debt collectors: Using Fraudulent, Deceptive, Or Misleading Practices According to this WV Code, debt collectors should not deceive, mislead, or engage in…Read More
How Does Chapter 13 Bankruptcy Work? Chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to create a plan to repay part or all of their debts. Under this plan, you can propose a repayment plan with your debtors to repay them in installments over three to five years. If your income is less than the applicable state median, the plan will run over three years unless the court approves a more extended period. If your income exceeds the state median, the plan must generally run for at most five years. If you have any concerns about Chapter 13 bankruptcy, consult West Virginia bankruptcy lawyers for guidance. How Do I Handle Changes In My Income During Chapter 13 Repayment? Once your repayment plan has been approved after filing for Chapter 13 bankruptcy, you have just started a long journey to having your debts fully discharged. Depending on the repayment plan…Read More
How Does Chapter 13 Bankruptcy Affect Your Credit? Being in debt can be crippling, and your last resort might be to file for Chapter 13 bankruptcy to help you get relief from the burden. However, you might be worried about the impact of filing on your credit score. The record will show on your credit history for seven years after you file for bankruptcy. This may seem like a long time, but it’s shorter than the Chapter 7 bankruptcy timeframe, which is 10 years. The record can make you ineligible for new lines of credit until that period is over. If you’re in a dilemma concerning filing Chapter 13 bankruptcy, consult skilled West Virginia bankruptcy lawyers. They can evaluate your case and advise you on the available legal options. Chapter 13 Can Help You Reorganize Your Finances When you file for Chapter 7 bankruptcy, you must liquidate your assets to pay off some of the debt.…Read More
Is A Debt Collector Violating Your Rights? If a debt collector is harassing you through the mail or over the telephone, how can you stop the harassment? The first step is immediately scheduling a consultation to discuss your rights and your legal options with a West Virginia debt relief attorney. Almost everyone gets harassed by debt collectors. Consumer surveys routinely suggest that about a third of the consumers in the United States were called by one or more creditors or debt collectors in the previous twelve months alone. You may receive unpleasant phone calls at your job, late in the night, or too early in the morning. Debt collectors might call your friends or loved ones. Debt collectors sometimes scream and make threats. If you’re being harassed by a debt collector, how do you stop that harassment? The Fair Debt Collection Practices Act (FDCPA) is a federal statute that spells out what a debt collector may…Read More
Are Your Debts Overwhelming You? Unanticipated expenses can deplete your savings and ruin your finances. If your bills are piled up, your debts are out of control, and debt collectors are calling, you may be considering bankruptcy. If so, it’s time to speak with a West Virginia bankruptcy attorney. A bankruptcy attorney can explain your options and offer legal advice you can trust. If you do not qualify for what is called a Chapter 7 bankruptcy, or if you need to keep assets you would lose with a Chapter 7 bankruptcy, you may consider the Chapter 13 bankruptcy alternative. How are these two types of bankruptcy different? What are your legal rights when you declare bankruptcy? What does a Chapter 13 bankruptcy entail? What will a West Virginia bankruptcy lawyer do on your behalf? If you will keep reading, you’ll find the answers you may need What Are “Secured” and “Unsecured” Debts? The language of bankruptcy is confusing…Read More
How Does Filing For Bankruptcy Affect Your Credit? Filing for bankruptcy is stressful and one of the worst things to do for your credit. It signifies to your creditors that you can’t meet your debt obligations. The good thing is bankruptcy doesn’t have to leave a permanent mark on your credit reports. As skilled West Virginia bankruptcy lawyers will tell you, there’s a chance to rebuild your credit as you get your finances right. Once you file for Chapter 7 or Chapter 13 Bankruptcy, it will show up on your credit reports for lenders and other card issuers to see. Lenders will likely consider the credit report when determining whether to lend you money. After the bankruptcy process, your credit reports will show the debts discharged by filing for bankruptcy. Who Qualifies For Chapter 7 Bankruptcy? Chapter 7 Bankruptcy is known as “straight bankruptcy” and is a popular option among people considering bankruptcy. Doing so wipes out…Read More
If you are dealing with serious financial distress and you are considering bankruptcy, you are certainly not alone. Bankruptcy protection is an effective legal tool for many individuals and families who are looking to find stable financial footing. According to data published by the United States Courts, approximately 700,000 people file for personal bankruptcy protection every year. Unfortunately, many people make avoidable errors early on in the bankruptcy process that undermine their own best interests. One of the biggest mistakes you can make is waiting too long to get started. Here, our Martinsburg bankruptcy attorney highlights four of the most important advantages of taking a proactive approach and getting started with your case right away. 1. Your Debt Will Continue To Grow When Left Unaddressed Getting out of debt is difficult—especially when interest, fees, and penalties are continuing to add up. If you or your family is in a financially challenging position, it is likely that your total…Read More
Wow! We at Hinkle Law, PLLC are honored and privileged to see David J. Hinkle selected as The Journal’s 2020 Best of the Best Bankruptcy Lawyer. Serving Martinsburg for over a decade, David J. Hinkle provides clients with a fresh start, offers peace of mind, and helps clients manage debt concerns with a personalized experience. We love being a part of this community! Hinkle Law, PLLC is one of the most trusted bankruptcy attorneys in West Virginia, ranking top filing status in recent years.Read More
