Bankruptcy Lawyer
Buffalo New York

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25 Years of Experience

If you have debt collectors hounding you at home or at work threatening to sue you Bankruptcy may be the answer to make it stop. Once your bankruptcy has been filed creditors must stop calling you. Usually they will stop after they have been notified that you have retained a lawyer in Buffalo NY to file your Chapter 7 Bankruptcy.

Filing Chapter 13 Bankruptcy could help you reorganize your finances so you can keep your home and payoff your unsecured debt over time. If you are behind on your mortgage, or behind on your property taxes, or in arrears on your car payments, hiring a Chapter 13 Bankruptcy attorney in Buffalo NY may allow you to pay the arrears over time.

Filing Bankruptcy can stop frivolous lawsuits preventing a judgment from being entered against you that attaches to your home. If a judgment has already been entered against you a bankruptcy can also allow you to void a lien that has attached to your home so you can convey clear title when you decide to sell your home.

If you are behind in your mortgage or property taxes, and the bank has already started foreclosure proceedings, or you have been advised by the taxing authorities, that your house is going up for Auction in the next In-Rem Foreclosure Sale, hiring a Bankruptcy Attorney can save your home. So long as your bankruptcy petition is filed before the sale your house can be saved.

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Buffalo Bankruptcy Lawyer

I understand that this may be a traumatic and stressful time for you. If you have unpaid credit card bills you may wonder how can I break free. If you have medical debt, you’re probably worried about whether you will be able to pay it off. The solution to your financial problems may be bankruptcy. Feel Free to contact me to discuss your situation. You will get the kind of advice that will make you feel more comfortable with your situation, and together we will find a solution that works for you (about me). Bankruptcy is not as scary as you think.

 • Keep Homes • Stop Repossessions • Stop Wage Garnishments • Unfreeze Bank Accounts  • Discharge Debts • Stop Harassment • Stop Lawsuits.

Sometimes people will deliberate and research whether they should file bankruptcy for months or even years. When they learn later that they could have filed and received relief much sooner they get upset. Bankruptcy is not taking the easy way out. Bankruptcy is a solution to financial problems. Most people who have financial problems can have their bankruptcy questions answered rather easily. Do yourself a favor and get some questions answered to determine whether Bankruptcy is right for you. Your financial situation will need to be assessed and financial documents may need to be reviewed. I will need information about your income and expenses and questions about your current financial problems will need to be asked. Sometimes there are alternatives to bankruptcy that may work for you, or planning may be required to protect your assets if you choose bankruptcy.

The answer to the question of whether you can keep your home and file bankruptcy is yes if you can continue paying your mortgage on your principle residence, and the equity in the home does not exceed the homestead exemption, in a Chapter 7. If you own multiple properties, then you may be able to keep all of them, so long as you pay the equivalent value to unsecured creditors that you have in equity in the 2nd home. But most people only have one home and for this reason the question of protecting your home in bankruptcy is a fairly straight forward. Not only can you keep your home, but some people need to file a Chapter 13 Bankruptcy to catch up on the arrears in their mortgage payments.

Although it is generally recommended that you file a joint bankruptcy petition with your spouse, some of my clients contact me with a concern regarding whether one spouse can file bankruptcy without the other spouse filing. This is common because there are situations where only one spouse has debt problems. Keep in mind, however, that when one spouse files without the other, the income of both spouses must still be considered in order to determine qualification for the bankruptcy. If it appears that one spouse has most of the debt, it may not make any sense for the other to file. On the other hand, if both parties have substantial debt it would make sense to file together. There are no additional filing fees for spouses to file together.

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Call Stephen K. Underwood, Esq.
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