Chapter 13
Reorganize your finances to keep valuable property, if you can make monthly payments toward arrears.Chapter 13 Bankruptcy
You can file Chapter 13 and keep your home or car if you can work toward paying back the overdue amount.Chapter 7
Known as the “Fresh Start” bankruptcy, Attorney Kelly personally guides you through each step of the process.Chapter 7 Bankruptcy
Chapter 7 Bankruptcy is a legal proceeding that gets your debts discharged so you can get a fresh start.Kelly Law Bankruptcy Services
Attorney Kelly knows how emotional the process of declaring Bankruptcy can be.
His goal is to provide excellent service, attention to detail, and calm, sympathetic guidance as you work together through the steps of the bankruptcy process. With over ten years of experience, Jim Kelly knows exactly what to expect at every stage. You are in safe hands with Kelly Law, so you can look forward to a brighter future and a fresh start.
Chapter 13 isn’t for everyone because it requires you to use your income to repay some or all of your debt. Sometimes Chapter 7 really is the best way to go. If your income is too irregular or too low, the court may not allow you to file for Chapter 13. If your total debt burden is too high, you may also be ineligible.In Chapter 13 you will have to prove to the court that you can afford to meet the payment obligations in your repayment plan, but generally speaking the “proof is in the pudding” and you get the opportunity to prove you can make the plan payments. Don’t be discouraged by these rules because most people can make a Chapter 13 work, so call attorney Kelly and discuss your facts with him.
Kelly Law guides you through this process, tailoring the plan to your needs.
- Your repayment plan must pay certain ‘priority debts” in full, because they are considered important enough to jump to the head of the bankruptcy repayment line. Priority debts include child support, alimony, wages you owe to employees, and some tax obligations.
- Your plan must include regular payments on secured debts (car or mortgage) as well as repayment of any arrearages (amount you’ve fallen behind on your payments) on the debts.
- Your plan must show any disposable income left over after making your regular payments on secured debts (car loan or mortgage) will go toward repaying your unsecured debts (credit cards or medical bills). You don’t have to repay these debts in full, but you must show that your are putting any remaining income toward their repayment.
The length of your repayment plan depends on how much you earn and how much you own. If your average monthly income over the six months prior to the date you filed for bankruptcy is more than the median income for your state, you’ll have to propose a five year plan. If your income is lower than the median, you may propose a three year plan. To get the median income for your state, go to the United States Trustee’s website, www.usdoj.gov/ust and click “Means Testing Information.”
Before you can file for Chapter 13 Bankruptcy, you must receive credit counseling from an agency approved by the United States Trustee’s office. Kelly Law PLLC will help set up this course as a part of the filing service.
Free Consultations
Kelly Law PLLC’s #1 priority is you, the client. We believe in our service and hold ourselves to the highest standards. We truly care about your case as much as you do, which is why we offer the best service around. Kelly Law will see your case through, working tirelessly to bring the best outcome. You can count on it.
The whole process takes about six months, and commonly requires only one trip to the courthouse to meet with the bankruptcy trustee that is appointed to review bankruptcy paperwork. Attorney Kelly will be right there with you during this meeting. You must also complete credit counseling with an agency approved by the United States Trustee. Kelly Law uses Allen Credit and Debt Counseling Agency. You can find them at this link. https://www.acdcas.com. Log in and give them the attorney code Kellylaw and they will email attorney Kelly the certificate of completion so he can file it with your case.
A bankruptcy filing consists of the “Voluntary Petition” and all “Schedules” that go with it. All together the paperwork adds up to around 60 pages of information… Kelly Law PLLC. makes sure you understand the forms, and will file them properly on your behalf.
The Voluntary Petition and Schedules require you to describe your property, current income and monthly living expenses, your debts, any property you claim the law allows you to keep (exempt property can include some equity in your home, clothing, household furnishings, retirement accounts such as 401k and other necessities such as a car and the tools of your trade).
The court exercises its control through a court-appointed trustee whose duty is to see that your creditors are paid as much as possible of what you owe them. The trustee will examine your papers to make sure they are complete, and to look for nonexempt property to sell for the benefit of the creditors. The trustee looks at your financial transactions during the previous year to see if any can be undone to free up assets to distribute to your creditors. But in most Chapter 7 bankruptcies, the trustee finds nothing of value to sell. This is called a “no asset” bankruptcy, and Attorney Kelly will seek to protect all of your assets.
A week or two after your case is filed, you and all of the creditors you list on your bankruptcy papers will receive a notice that a “creditors meeting” has been scheduled. The meeting of creditors takes place approximately 30 days after your case is filed. The bankruptcy trustee runs the meeting, swears you in, asks you questions about your bankruptcy papers filed, and this is normally the only visit to the courthouse.
Most property owned by Chapter 7 debtors is either exempt or considered too burdensome to liquidate (because it may not generate much money) for the purpose of raising money for creditors, and most filers don’t end up surrendering any property, other than collateral for secured debt which they no longer wish to pay.
Free Consultations
Kelly Law PLLC’s #1 priority is you, the client. We believe in our service and hold ourselves to the highest standards. We truly care about your case as much as you do, which is why we offer the best service around. Kelly Law will see your case through, working tirelessly to bring the best outcome. You can count on it.
Why Choose Kelly Law PLLC.
- Over ten years of experience winning cases
- Friendly, trustworthy service
- Personal, detailed level of customer care
- Late afternoon and weekend appointments available
What Client’s Say
A lucky random phone call going down a list of foreclosure & bankruptcy Attorneys in complete desperation brought me to Jim Kelly who answered his phone AFTER 5:00. Little did I know as this time, it would be one of the best and smartest phone calls I have ever made. Jim makes you feel very comfortable with a situation that is extremely hard and humbling to go through. After consulting Jim I decided bankruptcy was the best choice for me at that time. He walks you through and assists you through the entire process taking all the complicated steps out. He goes to court with you, answers your phone calls and emails in a timely manner, and even assists you once the process has been completed. Two plus years later and I am on my way to standing back up and taking control of my finances and am on a path that I never thought I would get back on. How do you repay someone who assisted in you being able to stay in the home that you purchased for yourself and your son, get out from under thousands of dollars worth of debt, and still makes you feel worthy? Answer is you can’t, a simple thank you does not feel nearly enough, but from the bottom of my heart…THANK YOU. I can not recommend Jim enough. He is in a class all by himself.
I highly recommend the Kelly Law firm for anyone requiring a bankruptcy attorney, Jim’s detailed knowledge of the various bankruptcy laws was extremely helpful, and his handling of my case made an extremely stressful time in my family’s life less trying.
Amazing service and top class legal advice, as I was overwhelmed, Jim Kelley helped me above and beyond and was more than patient, his responses were quick and he had a genuine for me to get a positive outcome in my case and move forward! Highly recommended!
Jim made a very stressful time in my life much easier than I thought it could have been. He was so down to earth and explained everything well to me in layman’s terms. He was extremely accommodating and ALWAYS answered me promptly. I strongly recommend his services and would hire him again in a heart beat.