Chapter 7 Bankruptcy Lawyer in Killeen & Waco, Texas

Serving Clients Throughout North Texas

Are you struggling to pay your bills and cover your day-to-day expenses while debt just keeps piling up? If so, this may be the time to consider filing for Chapter 7 bankruptcy. The very thought of dealing with bankruptcy can be overwhelming. However, bankruptcy does not have to be that way. In fact, bankruptcy can give you a financial fresh start.

Attorney Erin B. Shank is here to help. For 40 years, Erin has represented clients through Chapter 7 bankruptcy from start to finish. Erin understands how a Chapter 7 bankruptcy can free people from the burden of crushing debt. Erin knows how to stand up for clients during the bankruptcy process.

Erin is committed to your convenience and safety throughout the bankruptcy process. You never have to leave the comfort and safety of your own home. Erin offers virtual consultations, electronic document gathering, Zoom conferences with her to review your bankruptcy paperwork, electronic filing, and telephonic court appearances. This is the safest law firm to use to file your bankruptcy during this Global Pandemic.

Our commitment to safety does not compromise the quality of the legal representation. By leveraging modern technology, we maintain a flexible and accessible framework for our clients. This framework also allows us to offer more personalized and immediate assistance, helping to answer questions and resolve issues quickly.

For your free consultation with Erin B. Shank, contact our Chapter 7 bankruptcy attorney Erin B. Shank online or by phone at (254) 690-4110.

What Is Chapter 7 Bankruptcy?

Chapter 7 is the simplest and quickest type of bankruptcy relief available under American law. The vast, vast majority of the cases filed by Erin B. Shank are Chapter 7 filings. Due to the strong exemption laws under both State and Federal law, most debtors are entitled to retain all their property as exempt. The entire case, from filing to discharge, lasts approximately three months with only one meeting with a Trustee, who is not a judge. In Chapter 7 cases, your wages are not garnished, and you are entitled to retain your income tax refunds.

Understanding the implications of Chapter 7 bankruptcy on your financial situation can be essential. Certain criteria must be met, and navigating these requires careful attention to detail. For example, filers must pass a means test to qualify for Chapter 7, determining if their income is low enough to file. Additionally, understanding what debts can and cannot be discharged, such as most unsecured debts versus obligations like student loans, is crucial for planning a successful filing.

What Happens When You File for Bankruptcy?

When you file for Chapter 7 bankruptcy, an "automatic stay" is immediately put into effect. This automatic stay is a legal injunction that halts actions by creditors to collect debts. This means that the minute you file for a Chapter 7 bankruptcy, any foreclosure proceedings are stopped right in their tracks. This provides you with a breather and the opportunity to work out a plan moving forward. In addition, a meeting with your creditors, also known as a "341 meeting," is arranged. Here, the bankruptcy trustee appointed to your case – not a judge – will ask you questions about your bankruptcy and the paperwork you have filed. It's important to note that in a Chapter 7 bankruptcy, you rarely meet with a judge. The whole process is designed to help you regain control of your finances and guide you toward a fresh start.

After the automatic stay, one crucial step is attending the mandatory credit counseling session. This session must happen before filing and aims to provide financial education and better understand your financial situation. Another essential post-filing step includes a financial management course, which must be completed to be eligible for discharge. These courses are designed to give you the tools to manage your financial future more effectively.

Relief from Financial Struggles: How Waco Residents Benefit From Chapter 7 Bankruptcy

Residents of Waco facing insurmountable debt can experience a sense of relief with Chapter 7 bankruptcy, a legal framework provided to help those overwhelmed with debt attain a fresh financial start. Bankruptcy can temporarily halt creditor harassment, potentially give you as much as 60 days of reprieve, and stop wage garnishment. One of the most significant advantages of Chapter 7 for Waco residents is the ability to eliminate unsecured debts such as credit cards, personal loans, and medical bills, freeing you from the chains of continuous financial burden. Moreover, specific exemptions under Texas law allow individuals to retain certain properties and assets, which further makes Chapter 7 a viable option for many.

Local sectors, including employees from industries like education and healthcare, can find some peace of mind through strategic debt elimination. This sets Waco apart, as potential law adjustments in state exemptions and local economic factors could affect the financial strategies individuals choose. With careful planning guided by an attorney experienced in local regulations, Waco residents can navigate this complex process efficiently, thus finding a tailored solution that meets their unique needs.

Connect with an experienced Chapter 7 bankruptcy attorney without delay. Dial (254) 690-4110 or submit an online form to get started.

A Comprehensive Look at the Means Test

The Means Test is pivotal to qualifying for Chapter 7 bankruptcy, acting as a gateway for debt relief. In Waco & Killeen, like the rest of Texas, this test assesses whether your income is below the state's median, a critical factor in determining eligibility. For many residents, ensuring all income sources are correctly reported and taken into account, including bonuses or seasonal work, could influence their application outcome. Additionally, it's important to note that certain expenses related to the cost of living in Waco, such as transportation and housing, may impact the allowable deductions in the Means Test calculation.

Due to the fluctuating cost of living, understanding which expenses may qualify for deductions can make a difference during filing. Consulting with a knowledgeable Chapter 7 bankruptcy lawyer ensures each client gains a clearer picture of where they stand financially. For example, high health insurance or childcare costs could potentially sway the results in favor of qualifying. Therefore, precise documentation is essential to streamline this process, making it a less daunting experience for Waco clients seeking financial reset through Chapter 7 bankruptcy.

How Will Chapter 7 Bankruptcy Affect My Credit?

Before Erin files your bankruptcy case, Erin and her staff review your credit reports with the three credit reporting agencies, Experian, Transunion, and Equifax, and make sure that any creditors who have posted any derogatory remarks on your credit reports are included in your bankruptcy filing. When you receive your bankruptcy discharge, Erin sends that Discharge Order to the three credit reporting agencies, asks them to correct your credit report to show that all of these debts have been discharged, and you are then sent corrected credit reports so that you can begin your financial fresh start. Erin provides this service to all her clients for no extra charge.

It's essential to understand that while Chapter 7 does affect your credit score, it also offers a pathway to rebuild it. Initially, the bankruptcy will stay on your credit report for up to ten years, but many of Erin's clients notice improvement in their credit scores shortly after their discharge due to the removal of unpaid debts. Simple steps like responsibly using a secured credit card and paying bills on time can significantly aid in your credit repair journey.

Will Chapter 7 Stop a Lawsuit Against Me?

When you file Chapter 7 bankruptcy, an automatic stay is imposed automatically as your case is filed.  This stay prevents your creditors from continuing their efforts to collect the money they claim you owe. 

This includes any efforts to win money from you in a lawsuit involving:

• Unpaid credit card balances
• Compensation owed for breach of contract
• Home foreclosures for mortgage nonpayment
• Money owed in a civil claim or judgment

Unfortunately, bankruptcy can't prevent every type of legal action. 

After filing under Chapter 7, you will still be subject to the consequences of:

• Criminal charges or convictions
• Divorce and separation proceedings
• Child custody and support cases

It's important to carefully consider your options if facing multiple types of legal actions simultaneously. Engaging with a professional can help determine which obligations may remain after a Chapter 7 filing and ensure that all eligible actions are paused as expected. This can provide a strategic advantage in managing overall legal exposure and financial recovery.

Is Chapter 7 Bankruptcy My Best Option? What to Do If You Can’t Afford It?

A Chapter 7 bankruptcy can discharge virtually all debt, except student loans, child support, and some IRS debt. It is a powerful tool for people who want to free themselves from their debts and get back on their feet quickly and efficiently. The vast majority of Erin’s practice consists of clients filing for Chapter 7 relief and receiving quick and meaningful debt relief so that they can obtain a financial fresh start.

After attending a free consultation with this law firm, Erin’s clients learn that a Chapter 7 bankruptcy is an extremely good option for them. These individuals often have high levels of unsecured debt (such as credit cards, payday loans, and medical bills). They are able to discharge this debt and work, with Erin’s suggestions, on improving their credit and getting their financial fresh start. Chapter 7 debtors do not have their wages or income tax refunds garnished and, due to generous Texas and Federal exemptions, are entitled to keep all their assets as exempt. It is truly a great resource for individuals struggling with the burdens of debt and credit reports full of derogatory comments.

Chapter 13 bankruptcies require you to remain in an active bankruptcy case for three to five years, where you and your income are monitored, and your wages and income tax refunds are garnished to pay your creditors. You actually pay another bankruptcy attorney, called the Chapter 13 Trustee, a 10% commission on every payment made to your creditors. Chapter 13 is really financial imprisonment and is therefore rarely recommended by Erin to her clients. If someone has told you that Chapter 13 is your only option for debt relief, please call or contact Erin for a free, virtual, initial consultation to discuss your alternatives.

If you are considering bankruptcy, Chapter 7 bankruptcy lawyer Erin Shank can review your situation and help you decide the best option to aggressively address your financial situation.

For those who worry about affording legal aid, several options may be considered. Look into legal aid societies and pro bono resources that might offer assistance based on eligibility criteria such as income. Discuss fee arrangements with your legal representative, as some may offer payment plans to make the process more accessible. Above all, making an informed decision with professional guidance can considerably impact your financial well-being.

For experienced guidance, turn to a skilled Chapter 7 bankruptcy attorney in Waco at Erin B. Shank. Contact us or call (254) 690-4110 to secure a consultation.

Is Chapter 7 Bankruptcy My Best Option? What to Do If You Can’t Afford It?

A Chapter 7 bankruptcy can discharge virtually all debt, except student loans, child support, and some IRS debt. It is a powerful tool for people who want to free themselves from their debts and get back on their feet quickly and efficiently. The vast majority of Erin’s practice consists of clients filing for Chapter 7 relief and receiving quick and meaningful debt relief so that they can obtain a financial fresh start.

After attending a free consultation with this law firm, Erin’s clients learn that a Chapter 7 bankruptcy is an extremely good option for them. These individuals often have high levels of unsecured debt (such as credit cards, payday loans, and medical bills). They are able to discharge this debt and work, with Erin’s suggestions, on improving their credit and getting their financial fresh start. Chapter 7 debtors do not have their wages or income tax refunds garnished and, due to generous Texas and Federal exemptions, are entitled to keep all their assets as exempt. It is truly a great resource for individuals struggling with the burdens of debt and credit reports full of derogatory comments.

Chapter 13 bankruptcies require you to remain in an active bankruptcy case for three to five years, where you and your income are monitored, and your wages and income tax refunds are garnished to pay your creditors. You actually pay another bankruptcy attorney, called the Chapter 13 Trustee, a 10% commission on every payment made to your creditors. Chapter 13 is really financial imprisonment and is therefore rarely recommended by Erin to her clients. If someone has told you that Chapter 13 is your only option for debt relief, please call or contact Erin for a free, virtual, initial consultation to discuss your alternatives.

If you are considering bankruptcy, Chapter 7 bankruptcy lawyer Erin Shank can review your situation and help you decide the best option to aggressively address your financial situation.

For those who worry about affording legal aid, several options may be considered. Look into legal aid societies and pro bono resources that might offer assistance based on eligibility criteria such as income. Discuss fee arrangements with your legal representative, as some may offer payment plans to make the process more accessible. Above all, making an informed decision with professional guidance can considerably impact your financial well-being.

For experienced guidance with your Chapter 7 filing, contact Erin B. Shank at (254) 690-4110 or complete an online form. We are happy to answer your questions.

Frequently Asked Questions About Chapter 7 Bankruptcy

What Qualifies Me for Chapter 7 Bankruptcy?

To qualify for Chapter 7 bankruptcy, you need to pass the Means Test, which compares your income to the state's median income. If your income is below the median, you typically qualify for Chapter 7. However, if it's above, you must calculate disposable income against allowable expenses to determine eligibility. Local factors, such as regional living costs in Waco, can play a significant role in this calculation, which underscores the importance of detailed financial records. Discussing this with a Chapter 7 bankruptcy lawyer in Waco from the Erin B. Shank ensures a comprehensive understanding of each step involved.

How Long Does the Chapter 7 Process Take?

The Chapter 7 process generally takes about three to four months from the filing date to discharge, assuming no complications arise. Key procedures in this timeline include gathering and filing necessary documentation, attending a 341 meeting of creditors, and completing educational courses on financial management. Each step is designed to ensure that debtors understand their financial situation and take control of their future. For residents in Waco, working with a reliable lawyer who navigates local courthouse procedures can ensure these steps are managed efficiently.

Can I Keep My Property After Filing for Chapter 7?

In most cases, individuals filing for Chapter 7 bankruptcy in Texas can keep their property, thanks to generous state exemptions. Texas law allows debtors to exempt various assets, such as homesteads, vehicles, and personal items, up to specific value limits. However, each case is unique, and property retention depends partly on the accurate valuation of assets and their exemption eligibility. Consulting with a Chapter 7 bankruptcy attorney in Killeen ensures you make the best decisions about asset protection for your bankruptcy filing.

What Happens to Co-Signers in Chapter 7 Bankruptcy?

When you discharge a debt in Chapter 7 bankruptcy, any co-signers on the debt may still be held responsible for repayment. Unlike Chapter 13, bankruptcy proceedings under Chapter 7 do not protect co-signers, leaving them vulnerable to creditor actions. Understanding these dynamics is essential for strategically managing outstanding debts and maintaining amicable relationships with co-signers. Involving a knowledgeable attorney can help examine potential solutions, such as reaffirming the debt or pursuing other arrangements with creditors.

How Can I Rebuild My Credit Post-Bankruptcy?

Rebuilding credit after a Chapter 7 discharge involves consistent and strategic financial behavior over time. One practical step residents in Waco can take is to obtain and use a secured credit card responsibly, ensuring they make timely monthly payments. Additionally, avoiding additional debt, maintaining steady employment, and gradually using more types of credit can further enhance your credit score. Participating in credit counseling offered as part of bankruptcy education programs can help set clear goals for financial stability, ensuring a comprehensive strategy for financial recovery.

Speak with a Chapter 7 lawyer at Erin B. Shank during a free initial consultation. Contact us online or dial (254) 690-4110 today. We serve clients throughout Waco & Killeen.

How Does a Chapter 7 Bankruptcy in Texas Work, Especially During COVID-19?

Erin respects the health concerns of her clients and her paralegals and has developed the only completely touch-free bankruptcy filing system in Central Texas. All other law firms require clients to meet with them personally many times during the case, which can be a health challenge for everyone.

When you hire Erin to handle your bankruptcy case, you can get your debt relief in a completely safe, touch-free system that Erin has developed.

 That system is as follows:

• Your free, initial consultation with the firm is conducted virtually, either on the phone or by Zoom.
• At your initial consultation, you will be quoted a fee for the costs of filing your case with Erin's firm. While you are current on your payment plan with Erin's firm, Erin responds to all your creditor calls and letters to take the stress of that painful interaction off of you. You can pay all your fees to the firm on our website and will receive a bill each month setting forth each payment you have made and your outstanding balance.
• After your fees are paid in full, Erin will need to obtain simple documentation from you which you can mail, email, scan, fax or drop off at either of our office locations in a dropbox. You fill out a simple questionnaire, either online or by paper, and then send that completed questionnaire to us either online, through the mail, or in one of the office lock boxes.
• A paralegal then works with you telephonically to prepare the first draft of your bankruptcy paperwork. You then meet with Erin Shank personally via Zoom for several hours as your bankruptcy papers are reviewed and finalized. You sign those documents electronically through a touch-free method and then she will e-file your case. The moment Erin e-files your case, she will know when your telephonic meeting with the Trustee is scheduled. You know the day your case is filed when your meeting with the Trustee has been scheduled. Erin calls you the night before the meeting and prepares you for that telephonic meeting with the Bankruptcy Trustee. She appears telephonically with you on that call and is there to help you answer all of the Trustee's questions.
• You then receive your bankruptcy discharge about 60 days after the meeting with the Trustee. It is sent to you in the U.S. Mail by the Bankruptcy Court's Clerk. Corrected credit reports are then also sent to you by Experian, Transunion, and Equifax by the U.S. mail because Erin writes those companies and tells them to correct your credit reports to show that your debts have been discharged. She requests those credit reporting agencies to send you corrected credit reports and you will receive those within thirty days of your bankruptcy discharge. 

This is the first time in American history that an individual can file bankruptcy completely touch-free. Let your bankruptcy filing occur in a completely safe and convenient environment from the comfort of your own home. Not only will you not be exposed to COVID-19, you will also not be exposed to any other contagious condition (such as the common cold or strep throat). 

This touch-free process eliminates unnecessary exposure risks while ensuring efficient case progression. Our office remains available for support and guidance through every step of your bankruptcy journey. It's about getting you the relief you need while keeping health concerns and modern safety in mind, adapting to the new normal without compromising our service standards.

Talk to a Texas Chapter 7 Bankruptcy Lawyer Now

If you are considering bankruptcy, contact an experienced chapter 7 bankruptcy attorney today. With 40 years of experience, Erin B. Shank understands the bankruptcy process and knows what it can mean for your future. Erin offers a range of contact-free services, including virtual consultations, electronic signatures, filing, Zoom conferences with her, and telephone court appearances, to make your entire bankruptcy process safe during this COVID-19 scare.

Take control of your financial future in a manner that balances safety and efficacy by reaching out today for your confidential consultation. Discuss your concerns with someone who comprehends not just the legal intricacies but also the emotional journey intertwined with bankruptcy proceedings.

For a free, initial, virtual case consultation , contact Erin B. Shank. Reach out online through this online form or by phone at (254) 690-4110.