BANKRUPTCY

Hyde & Swigart is a law firm that represents consumers in the legal area of Consumer Law including Bankruptcy Relief. Bankruptcy is meant to give honest but unfortunate Americans the opportunity for a completely fresh start.

Clients may be able to discharge all or a portion of their debts, strip off a second mortgage from their home, stop a looming foreclosure, and get some breathing space to get back on track without harassment by creditors. The founding fathers knew the importance of allowing those who have fallen on hard times to get a new beginning, giving Congress the right to enact bankruptcy laws in the Constitution.

If you think you might need an attorney that focusses its attentions on bankruptcy protection for consumers, then either give us a call at (619) 233-7770 to discuss your case, or fill out the easy FREE case evaluation form and we will call you back to discuss your legal options. There will be no charge for the evaluation and our firm is available by appointment for evening and weekend consultations.

Hyde & Swigart handles both Chapter 7 and Chapter 13 bankruptcies and offers competitive flat fees so you know up front what your bankruptcy filing will cost from beginning to end. When dealing with Bankruptcy, our attorneys are well versed in the complexities of the law and are up to date on newly issued court rulings, as well as their effect on consumers’ rights and remedies.

Chapter 7

Chapter 7 bankruptcy, commonly known as “liquidation”, is normally the simplest and quickest form of bankruptcy. Click the button below to learn more.

Chapter 13

Chapter 13 bankruptcy is a payment plan that looks at your income, not your property, to repay your debts. Click the button below to learn more.

Chapter 20

Chapter 20 is actually a combination of Chapter 7 and Chapter 13. Click the button below to learn more.

ANSWERS TO COMMON BANKRUPTCY QUESTIONS

Is bankruptcy right for you? What happens afterwards? Click a question below for information.

  • Is it right for me?

    Each’s client’s situation is different, and here at Hyde & Swigart, we know it is important to address your individual needs and concerns and advise you as to all your rights and options. We will listen to you, work diligently on your behalf, and strive for the best outcome. Filing bankruptcy takes planning and experience. Petition preparation services cannot legally advise clients regarding bankruptcy law. The problems a person may face if a mistake is made could exceed the cost of hiring an experienced bankruptcy attorney. Our two main goals are to help you keep as much property as possible through the exemptions you are entitled and eliminate as much debt as possible. Hyde & Swigart handles both Chapter 7 and Chapter 13 bankruptcies and offers competitive flat fees so you know up front what your bankruptcy filing will cost from beginning to end.

  • Is it wrong?

    Seeking bankruptcy protection is not shameful, a personal failure, or irresponsible. Many people who file for bankruptcy intend to pay their bills, but simply find themselves unable to pay them as they come due. For most people, some unforeseen life event is the reason they seek bankruptcy relief. For those people, bankruptcy provides the opportunity for a clean slate and a chance to start over again. Bankruptcy allows people to make the impossible manageable. Bankruptcy has been used by businesses for years as a tool to restructure debt, with over 40,000 businesses filing for bankruptcy in 2012 alone. Relief from too much debt is not just for Wall Street, there are provisions specifically meant to help consumers. Individuals may seek options such as Chapter 7, which discharges debts, and Chapter 13, where you can structure the terms of some debts through your income and may even be able to strip away some debts such as second mortgages.

  • Can I still use my credit cards?

    Once you have made up your mind to file for bankruptcy, don’t use your credit cards. Any consumer debts you may owe to a single creditor for luxury goods and services in excess of $600.00 within 90 days of filing for bankruptcy are presumed to be nondischargeable, meaning that the bankruptcy won’t get rid of them. Any cash advances for more than $875.00 within 70 days of filing for bankruptcy are also presumed to be nondischargeable.

  • What about my creditors?

    Creditors, the people you owe, also benefit from bankruptcy. The bankruptcy system is meant to give creditors a way of getting a partial payment to all creditors, instead of a winner take-all race to the courthouse. Bankruptcy law sets up a fair distribution to all of your creditors.

  • What about the money I owe family members?

    Although the money you may owe family members is most likely also dischargeable in bankruptcy, many people decide to pay back family anyways once you get your discharge. The problem occurs when people try to pay back family right before they file for bankruptcy! You cannot treat your family members any better than you would any other creditor. The bankruptcy trustee has the power to reclaim any amount that you repay a family member within the two years prior to filing the bankruptcy petition. It’s best to wait until after its all over to repay any amounts owed to family members.

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DISCLAIMER

Hyde & Swigart has helped thousands of consumers in California, Arizona, Nevada, Colorado, Washington, Minnesota, Michigan, Texas, Illinois, and Washington DC with their legal issues, and we have never seen two cases that were identical. You should never assume your situation is the same as something that is described on this web site, or that you read elsewhere on the Internet. Each situation is unique, and in our opinion, each situation needs to be thoroughly and independently reviewed by a competent consumer rights attorney. While we are happy to do that for you for free, we cannot do that solely on this web site. Even our evaluation forms are mere starting points. You should never assume your case, your situation, or your set of facts, are covered in their entirety by this web site. If you have questions about your potential case, we will be glad to discuss them with you at no charge. However, do not act, or fail to act, simply because of something you read or see on this web site. Click here to read more.