Last updated 9 months ago
Even though a debt collector can contact you in person, over the phone, or through letters, there are limitations as to how he or she is able to pursue your debt obligation. For example, a debt collector isn’t allowed to call you before 8 A.M. or after 9 P.M. In addition, you are able to request that a debt collector doesn’t contact you at work.
The Fair Debt Collection Practices Act is a federal law that requires debt collectors to exercise respect and fairness when contacting debtors. As this video explains, the FDCPA applies to all consumer debts, including car loans, medical bills, and credit card bills. The best way to ensure that a debt collector is complying with FDCPA is to speak with a bankruptcy attorney.
Cutler & Associates, Ltd. of Aurora has more than 25 years of consumer bankruptcy experience. Call (847) 868-2265 to schedule a free evaluation.
Last updated 10 months ago
Since 1990, the bankruptcy attorneys of Cutler & Associates, Ltd. have provided thousands in the Chicago area with quality legal representation in consumer bankruptcy cases. Our expertise lies in handling Chapter 7 and Chapter 13 bankruptcy cases and we have seven convenient locations, including an office in Aurora and Schaumburg. By calling us today, we can stop collection calls, asset sales, wage garnishments and more.
Your initial meeting with Cutler & Associates, Ltd. is absolutely free. We offer a free bankruptcy evaluation to assess the facts of your case and provide you with a unique plan for your financial situation. This initial meeting is also your opportunity to ask some initial questions you have about the bankruptcy process. Our bankruptcy attorneys are dedicated to helping you find the best possible solution to your financial problems, whether this means filing for Chapter 7 or Chapter 13 bankruptcy.
To schedule a free bankruptcy evaluation with Cutler & Associates, Ltd., give us a call at (847) 868-2265. With more than 25 years of consumer bankruptcy experience, our attorneys can help you resolve your debt issues.
Last updated 10 months ago
If you’re like most people, you’re relatively unfamiliar with the legal and financial terminology that comes up in a bankruptcy proceeding. Even though your bankruptcy attorney will be able to answer any questions you have about the process, it’s a still good idea to familiarize yourself with some of the terms you’ll be hearing throughout the next few months. The following is a brief guide to some common bankruptcy terms and phrases.
Before filing a bankruptcy petition, you must attend an individual or group credit counseling course from an approved credit-counseling agency. In a Chapter 7 or Chapter 13 case, you will need to attend an instructional course in personal finances and money management before your debt can be discharged. However, if the bankruptcy administrator in your case finds that there isn’t a sufficient number of approved credit counseling agencies available, you may be exempt from this requirement.
Unless there are conflicts of interest, sometimes, bankruptcy petitioners can choose to file their cases together. This process is known as joint administration, and it allows separate businesses or individuals to combine their resources and work with the same bankruptcy attorney. Joint administration differs from a joint bankruptcy petition in that only a husband and wife are eligible to file a joint petition together.
If you’re considering file for Chapter 7 bankruptcy, you are required to first complete the means test, under section 707(b)(2) of the Bankruptcy Code. To pass the means test, your aggregate current monthly income over the course of five years must be under $10,950. However, you can also rebut your means test results by proving that there are special circumstances that justify additional expenses or adjustment of your current monthly income.
By calling Cutler & Associates, Ltd. today, we can help stop collection calls, UCC 1 filings, asset sales, and wage garnishments. Our office also offers a free bankruptcy evaluation with an Aurora bankruptcy attorney. Call (847) 868-2265 to schedule a meeting at one of our seven convenient Chicagoland locations.
Last updated 10 months ago
A Chapter 7 bankruptcy petition can be completed relatively quickly, as your debt can be discharged within three to six months of filing your petition. Once you file your petition with the appropriate court, the court should issue an automatic stay, which prevents your creditors from taking any collection action against you. Next, the court will assign a trustee to oversee your case, review your petition, and schedule a meeting of your creditors.
15 days later
Once you file your bankruptcy petition, you have 15 days to disclose information about your assets, liabilities, expenses, and income. However, your bankruptcy attorney will most likely file these schedules with your original application. In the next 15 days, the court will mail you a Notice of Commencement of Case, which gives a date for your meeting with your creditors. The court will also provide this notice to your creditors, along with a deadline for them to file a claim against you.
30 days later
You are required to file a Statement of Intention within 30 days after your case is filed. The Statement of Intention tells the court whether or not you plan to keep your property or surrender it to your creditors. If you plan to keep your property, you need to clearly state whether you plan to reaffirm your debts and continue making payments or redeem the property by paying fair market value.
3 to 6 weeks later
The meeting of your creditors occurs between three to six weeks after you file your case. At least seven days before the meeting, you need to give the bankruptcy trustee and creditors a copy of your latest filed tax return. Your court-appointed trustee will oversee this meeting, where you will be asked to testify about the accuracy of your previously provided financial statements.
The best way to stay on track during the bankruptcy process is by working with an experienced bankruptcy attorney. Since 1990, Cutler & Associates, Ltd. has provided quality legal representation to Chicagoland residents. You can schedule an appointment at our Aurora or Schaumburg location by calling (847) 868-2265.
Last updated 11 months ago
Most bankruptcy cases fall into one of three chapters—Chapter 7, Chapter 11, and Chapter 13. Bankruptcy cases are handled exclusively in Federal courts, meaning that petitioners are unable to file cases with their local state courts. Ultimately, the purpose of bankruptcy law is to help people and businesses that are unable to pay their creditors achieve a fresh financial start.
Bankruptcy laws dictate the liquidation of individual assets to pay for consumer debt as well as the creation of repayment plans. In bankruptcy cases involving troubled businesses, bankruptcy law helps ensure orderly distribution to creditors through liquidation or reorganization. The Bankruptcy Code App from Android provides a closer look at the Federal rules dictating bankruptcy procedure.
Call (847) 868-2265 to schedule a free bankruptcy evaluation with Cutler & Associates, Ltd. We have seven convenient locations, including offices in Aurora and Schaumburg.