Posts Tagged ‘repossession’

Car Repossession

If you default on your car payments, your car finance company will take the necessary steps to repossess your car.  Typically, the company can repossess your car without without going to court and without providing you with advance warning.  Lee Legal is the law firm of Brian V. Lee, a bankruptcy lawyer in DC who can assist you if you are facing repossession.  Filing for bankruptcy in DC or VA automatically prevents your creditors from taking certain actions against you, including repossession.

ReposessionOnce your car is repossessed, your creditor will attempt to resell it at auction.  The amount that they obtain at auction will be credited to you and reduce the amount of your balance due.  You must be notified of the auction to give you the opportunity to participate in the bidding.  Creditors are required to ask a fair price for a car.

Once the car is sold, your creditor will attempt to collect against you for the difference (or “deficiency”) between what you owed on the car and what it was sold for at auction.  If your creditor sues you, you will be notified of a hearing date.  If you are sued by your car financier after a repossession in DC or Virginia, contact Lee Legal at (202) 448-5136 to discuss your options. 

If you still have possession of your vehicle, filing bankruptcy puts in place the Automatic Stay, which will prevent the creditor from seizing your vehicle.  A Chapter 13 bankruptcy will allow you to restructure your debt obligations and repay your creditors on a more manageable schedule.  If you have already gone through repossession and have a deficiency judgment against you, a Chapter 7 bankruptcy will eliminate the debt you owe under the judgment.

Emergency Bankruptcy

A person may need to file an emergency bankruptcy to prevent some particular action by a creditor, like the sale of a vehicle or a home foreclosure auction.  In such cases, the bankruptcy court allows a bankruptcy case to commence with the filing only of the three-page petition, without the required accompanying forms and schedules.  An emergency bankruptcy is sometimes referred to as a “bare-bones” bankruptcy or “skeletal” filing. 

Once an emergency petition is filed, you have very limited time — usually just 7 to 14 days — to file the remaining required documents.  If the additional forms and schedules are not filed, the case may be dismissed.  In addition, the bankruptcy filer needs to have completed a credit counseling session before filing the bankruptcy.

The whole reason to file an emergency bankruptcy is to invoke the protection of bankruptcy’s Automatic Stay.   The Automatic Stay immediately stops any collection efforts against the bankruptcy filer, including home foreclosure, vehicle repossession, eviction, wage garnishment, execution sale, tax levy, or utility shut-off.

I have personally filed numerous emergency bankruptcies.  In cases where an emergency bankruptcy is necessary, it is absolutely crucial that you work very closely with your attorney to complete the required paperwork.  An emergency bankruptcy, by its nature, has more pressing deadlines than a regular bankruptcy filing.  It is therefore very important that you return your lawyer’s calls and quickly respond to his or her request for documents.

If you live in Washington, D.C. or Virginia and are attempting to prevent foreclosure or stop repossession of a vehicle, you must act quickly.  Call Lee Legal at (202) 448-5136 and make an appointment to discuss your situation.

Top Three Reasons to File Bankruptcy

If you are considering filing bankruptcy in D.C. or Virginia, you should contact Lee Legal and schedule a free consultation.  I understand that bankruptcy is not appropriate for everyone, and as a bankruptcy lawyer, my primary concern is to explore all of your options to determine whether bankruptcy is the right option for you.  No one intentionally chooses to face severe financial hardship.  Here are the Top Three Reasons to File Bankruptcy.

Reason 1:  BANKRUPTCY ENDS CREDITOR HARASSMENT

Constant calling and condescending harassment from creditors can develop into a major problem.  Creditors will call you at home and at work, and with the recent rise of skip-tracing, they will also call your family, friends, neighbors, and colleagues.  Creditors will relentlessly pursue you and demand payment despite any financial hardship or specific circumstances.

Filing bankruptcy puts an immediate stop to creditor calls and correspondence, no excuses.  If a creditor contacts you while you are in bankruptcy, then that creditor has violated an order of the court, and is in big trouble.

Reason 2.  BANKRUPTCY REDUCES STRESS

Bankruptcy is often the result of life-altering events: unemployment, illness, family hardship, foreclosure, garnishment, divorce.  All of these situations are extremely stressful.  But bankruptcy can put you back on the right track.

The knowledge that you are taking a proactive approach to solving your financial problems will go a long way.  In addition, from the moment you file bankruptcy, your creditors are forbidden from attempting to collect on debts.  All repossession and foreclosure efforts must immediately cease, and garnishments and lawsuits can be halted.  The very act of filing bankruptcy can relieve you from an enormous amount of stress.

Reason 3.  BANKRUPTCY CAN HELP YOU MANAGE YOUR DEBTS

Some debts, like student loans and child support, cannot be eliminated by a Chapter 7.  Some people make too much money to qualify for a Chapter 7 bankruptcy and must instead file a Chapter 13 and submit a repayment plan.

Whatever form of bankruptcy you file, the fundamental goal is to restructure your finances and to free you from debt.  Filing bankruptcy can be a difficult decision, but the benefits often outweigh any potential downside.

CALL A BANKRUPTCY LAWYER IN D.C. NOW

Filing bankruptcy in D.C. or Virginia can be a complicated process.  If you are considering filing bankruptcy as an option, call Lee Legal at (202) 448-5136 to discuss your options.

The Top Ten Reasons For Bankruptcy

1. Eliminate Your Debts.

The entire goal of bankruptcy is to eliminate debt.  In bankruptcy terminology this is known as a “discharge” of debts.  Whether you file a Chapter 7 or Chapter 13 bankruptcy, by the time your bankruptcy case is closed, all or most of your debts should be eliminated. 

2. Stop Foreclosure on Your Home.

If your mortgage company has sent you a Notice of Foreclosure Sale, you must act quickly.  In many cases it will be possible to save your home through a Chapter 13 bankruptcy.  Bankruptcy will not eliminate the missed mortgage payments, but you will be able to repay those payments over a three to five year period.  You will also buy some time to allow you to work out a refinance or mortgage modification with your lender.  We will work together to find a repayment plan that will work for your budget. 

3. Stop Creditor Harassment and Phone Calls. 

Creditors can be rude and relentless.  Now, with the advent of skip-tracing, collection agents will call your friends and family to ascertain your whereabouts.  Creditors will call you incessantly at work, at home, and on your cell phone.  Bankruptcy can put an immediate stop to creditor harassment. 

4. Loss of Employment.

Unemployment is the most common reason to file for for bankruptcy.  The loss of income is often devastating, sometimes even moreso to a two-income household.  Instead of exhausting your savings, filing for bankruptcy is often a much better strategic option. 

5. End Wage Garnishments.

Both Chapter 7 and Chapter 13 bankruptcy will stop current or impending wage garnishments.  A garnishment can decrease your paycheck to levels that make it impossible to pay for basic necessities.  Bankruptcy eliminates the garnishment and lets you address your creditors on a more level playing field.

6. Prevent Repossession of Your Car or Truck.

Generally speaking, car companies are even more quick to repossess a car than mortgage companies are to foreclose on a house.  If you have missed payments on a vehicle, a Chapter 13 bankruptcy will allow you to make up the missed payments over a three to five year period.  Even if the company has already repossessed your car, we can force them to return it, but we must act quickly to get back the vehicle before it is sold at auction. 

7. Eliminate or Reduce High Medical Bills.

An unforeseen illness or accident can be ruinous to your finances.  Monthly payments often fall to the wayside when a family is faced with the choice of either paying a creditor or caring for a loved one.  Bankruptcy can often help you repair your finances from a sudden health problems. 

8. Establish Reasonable Repayment for Large Amounts of Student Loan Debt.

In most cases, student loans cannot be eliminated by bankrupcty.  Student loan companies will try to establish with you the highest monthly payment possible.  Bankruptcy can not only help you consolidate your student loan debt, but allow you to make a reasonable monthly payment based on your disposable income. 

9. Challenge Creditor Claims.

Sometimes creditors do not credit your account with payments you have made.  Sometimes creditors claim that you owe more than you actually do.  Bankruptcy allows you to challenge fraudulent claims, and creditors have to prove by detailed statements what you actually owe, which your bankruptcy attorney can scrutinize for accuracy.  In some cases, you will not be the only person that a creditor has defrauded.  Bankruptcy offers a robust opportunity to challenge creditors and force them to document their claims against you.

10. Prevent Your Utilities From Being Shut Off.

If you are facing foreclosure, then utility companies may also be threatening to shut off basic services.  Bankruptcy can help you keep the lights on and the water flowing.

Do Any of These Reasons Apply to You?

If any of these reasons apply to you, then calling an experienced bankruptcy attorney is a smart choice.  Call Lee Legal at (202) 448-5136 or email bvlee@lee-legal.com to schedule a free, confidential consultation.  Call and find out your options today.