Will I lose any property?Generally, no. The bankruptcy law allows you to keep most kinds of property. Most people who file bankruptcy are within the permitted limits.
If you are paying for a house or car, you can generally keep the house or car so long as you make the payments to the creditor.
What happens if I go over the property limits?
Occasionally, some clients own more property than they are permitted to keep. If this occurs, you can still file a bankruptcy, but you may have to pay back a portion of your debt.
Call today for a free consultation to determine your eligibility.
Isn’t debt consolidation / settlement better than bankruptcy?
Generally no. Debt settlement has at least four drawbacks:
- Settlement for pennies on the dollar usually requires a lump sum payment. Most people have to save the money to settle by paying the debt settlement company. Even though most debt settlement companies claim to be “non-profit,” they often require a large, up-front fee that is non-refundable, even if all the debts are not successfully settled.
- You may have to pay income tax on the amount forgiven by the creditor. Debts that are discharged in bankruptcy are not taxed as income. Generally, debts that are forgiven or written off by a creditor are taxable.
- Not all creditors are willing to settle the debts. Some clients have successfully settled a number of their debts through debt settlement, only to have to file bankruptcy because a creditor refused the settlement offers or proceeded to lawsuit.
- Most debt settlement companies lack the expertise to properly handle or advise their clients about collections. Being in debt settlement does not mean the creditors cannot sue you. If you are sued, you need an attorney to represent you effectively. Most debt settlement companies do not have attorneys who work directly with their clients (even if they claim they have attorneys on staff). Only an attorney (who is licensed in the state where the lawsuit is filed) has the expertise to advise you how to handle the lawsuit and whether debt consolidation or bankruptcy is the best option. Don’t obtain legal advice from a non-lawyer. Trust an attorney with a proven track record of helping people just like you, right here in York County.
We can also help with mortgage loan modifications, and are licensed in Pennsylvania and Maryland.