Debt & tax

Bankruptcy

When the debt is past paying, the firm can help you obtain a discharge of those debts through bankruptcy and start again.

When the debt is past paying and the calls will not stop

Most people who call a bankruptcy lawyer in Baltimore have already tried the other options. They have moved balances between cards, borrowed from family, skipped one bill to cover a bigger one, and still the total grows. At that point the question is no longer how to keep up. It is whether a federal court can give you a lawful way out. Cooper & Tuerk, LLP says that the firm can help you obtain a discharge of those debts through bankruptcy, and the first conversation is where that possibility is tested against your actual paperwork.

The office at 201 North Charles Street sees clients from Baltimore City, Baltimore County and Anne Arundel County, and the first meeting is an inventory more than a lecture. Bring what you have: the notices, the statements, the collection letters, the lease or mortgage papers, recent pay records. W. Timothy Sutton practised bankruptcy law in Baltimore and was among the attorneys who handled these matters for the firm. You talk with an attorney directly, and the call to begin is (410) 539-0300.

Chapter 7 discharge or Chapter 13 repayment plan: what each one does

The two chapters most individuals hear about work differently. In a Chapter 7 case a court-appointed trustee reviews what you own, and eligible debts such as credit cards and medical bills can be discharged, which ends your legal obligation to pay them. Property that Maryland law protects through its exemptions generally stays with you, while other assets may be sold to pay creditors. Chapter 13 is a repayment plan: you keep your property and pay part of what you owe through a plan supervised by a trustee, and the plan can bring a missed mortgage or car payment current over time.

Which chapter fits depends on facts only a careful review can show: your income, what you own, whether you are behind on a house or a vehicle, which debts are secured and which are not, and whether you have filed before. Certain tax debts and support obligations usually survive either chapter. Your attorney lays out how each chapter would treat your situation, and says plainly when bankruptcy is not the right tool. That conversation happens before anything is filed with the U.S. Bankruptcy Court for the District of Maryland.

The filing, the meeting of creditors and the day the discharge issues

A case begins when the petition, the schedules and the supporting documents are filed with the U.S. Bankruptcy Court for the District of Maryland. The moment it is filed, the automatic stay takes effect, and most creditors must stop collection calls, lawsuits and wage garnishment while the case is pending. Accuracy matters at this stage. Every asset, debt and recent transaction has to be disclosed, so your attorney prepares the papers with you line by line, and what the trustee reads matches what is true.

Some weeks after filing you attend the meeting of creditors, a short hearing at which the trustee asks you questions under oath about the papers. Creditors may attend, though they often do not, and your attorney goes with you. In a Chapter 7 case a discharge order follows later; in a Chapter 13 case the plan is confirmed and payments begin. Deadlines in bankruptcy are strict, so call (410) 539-0300 promptly if a lawsuit or a garnishment has already started.

A banded stack of unopened envelopes and house keys on a rowhouse hall table

A banded stack of unopened envelopes and house keys on a rowhouse hall table

We work directly with you, providing personal service instead of leaving you with a paralegal.