Generally speaking, a creditor will need to file an adversary Louisville Bankruptcy Attorney proceeding against you. This is more or less a lawsuit that your creditor files against you. Once they file the complaint, you and your attorney will have time to respond. You will then undergo the discovery process, present your evidence, and argue your case. If a creditor objects to your discharge, we recommend speaking with your attorney to determine the best course of action. Yes, we are often able to get garnished wages or bank accounts funds back.
They sell your non-exempt property and pay your creditors with the proceeds. Unless an exemption applies to your case, wages are usually subject to garnishment. Debtors earning lower incomes may be able to retain all their income, while creditors can garnish high earners’ pay. Even if each spouse’s income is low enough to qualify on their own, this can happen.
Uncontested Divorce
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The worst situation happens when you could have kept the property using an exemption. You have to own the property you are exempting to use an exemption. The Panel Trustees research for transfers of property you try to get out of your name. Transfers to another person as a gift or at some unreasonable price will be taken as a fraudulent or preferential transfer. But what if a third party is the highest bidder at the auction?
Our Practice
While it is possible to establish a Will without legal counsel, I certainly wouldn’t recommend it. If you want to ensure that your Will is valid and effective, you’ll need the advice of an experienced estate planning attorney. A Chapter 7 bankruptcy filing completely discharges most debts of a business.
Probate Of Estates
While creditors do not typically attend this meeting, you will answer questions under oath from the Chapter 7 Trustee about your debts and property. Bankruptcy filers may retain non-exempt property in a Chapter 13 bankruptcy, but they pay creditors for its value during a 3-5 year repayment plan. Filers must pay either the value of their non-exempt property or their disposable income – whichever amount is greater. Filing bankruptcy stops most wage garnishments, the process could also save your job and ensure that you don’t lose all the assets that you’ve worked so hard to acquire.
Additionally, should a creditor decide to sue you, they can represent you in court. ”, you may want to consider speaking with an experienced attorney about your case. Along with the above resources, there are many other state and federal agencies that can help those struggling with debt.
You will have all these qualities and more when you choose Christopher Kurtz Law Office. Attorney Christopher Kurtz personally handles every single case, from intake, throughout the preparation, to filing and making court appearances. No other attorney or staff member handles your case, your closing, or your litigation case. Unlike other firms which may pass you on to a staff member, Chris will be your personal contact for each call, each meeting, each issue you may have. We are conveniently located in the Highlands, at 608 Baxter Avenue, Louisville, Kentucky.