Chang and Carlin, LLP

Tuesday 26 November 2013

What To Do When You Get A Claim Form From Court

The Law Offices of Chang and Carlin guide individuals and families through their financial struggles, helping them make a fresh start through Chapter 7 and Chapter 13 Bankruptcy.

There are times in life when we feel absolutely clueless about the right step to take. When it comes to making important decisions, having an expert’s opinion is very important. Chang and Carlin, LLP’s Chapter 13 bankruptcy lawyers in Chicago have used their expertise to help many families to take the right decision and come out of murky situations. One such situation is, ‘getting a claim form from court’. Read on to find out what one should do in such a situation.

What is a claim form?

When a creditor starts court action, you'll get a number of documents from the court. These are a claim form and a response pack. The claim form gives details of how much your creditor is claiming you owe them. The response pack contains a number of forms. Some of the forms are for you to say whether you accept you owe the money. If you don't agree you owe the money, there's also a form you need to send back to confirm you got the documents.

What to do when you receive a claim form?
According to bankruptcy lawyers in Chicago, once you receive a claim form, you should read the notes which come with the claim form carefully and deal with the documents by the deadline given. If you don't deal with these documents, a court order can be made against you. If this happens, you'll have to pay back all the money your creditor is claiming, even if you don't owe it. You may also have to pay interest and extra costs on top of this.

An Important thing to remember:
If the court's official stamp isn't on the claim form, the person you owe money to might be trying to get you to pay them back by pretending to send you court papers. This could count as harassment by your creditor and might be against the law.

These were some things that everyone should know about claim forms. For information on any topic pertaining to bankruptcy, such as Chapter 7 or Chapter 13 bankruptcy in Chicago, call Chang and Carlin, LLP at 1-866-790-8601 or Request a Free No Obligation Bankruptcy Filing Consultation Today.

Disclaimer: The content provided by Chang and Carlin, LLP is not legal advice and is purely for informational purposes. The information contained herein is not a substitute for the advice of an attorney and does not create an attorney-client relationship. If you are interested in obtaining information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Foreclosure services, or Real Estate legal services, call our law firm at 1-866-790-8601 for a Free Legal Evaluation. Chang and Carlin, LLP serves clients in Chicago, Schaumburg, Joliet, and Warrenville.

How Do I Live A Peaceful Life During A Financial Crisis?

Chang and Carlin, LLP is a well-known law firm serving the Illinois area, it brings a ray of hope to the lives of people struggling with their debt situations.

Bad finances can cause anybody to break down. But, it is very important during bad financial times to maintain calm and composure, so that proper measures can be taken. However, maintaining calm during financial crises is a tough task especially when the creditors are harassing you 24/7. So, here are some tips to live a peaceful life during financial crises, brought to you by Chang and Carlin, LLP’s Chapter 7 bankruptcy attorneys in Chicago.

Try to talk directly with your creditors

In order to avoid having the debt turned over to a collection agency, you should call your creditor and explain that you are unable to pay the bill (and hiring a collection agency won't help you pay sooner) and tell them when you expect to be able to pay. Hopefully, you will be able to come to a compromise or produce a repayment plan.

FDCPA Act

If you are unable to work a deal with your creditor, and the debt ends up with a harassing collection agency, write a letter requesting that the collector stop contacting you. Under the Fair Debt Collection Practices Act (FDCPA), debt collection agencies and attorneys must stop contacting you after receiving a letter requesting that they quit.

File for bankruptcy

Once you file the initial papers for bankruptcy, you are automatically protected from collection activity. The collector must first obtain permission from the bankruptcy court before it can continue its collection efforts, and the court will not grant permission to those seeking to collect unsecured debts (such as credit card debt). Filing for bankruptcy is a very effective way to stop creditors from harassing you. An expert bankruptcy attorney will help you decide if Chapter 13 or Chapter 7 bankruptcy in Chicago is right for you.

Relax and Talk to an expert

Chang and Carlin, LLP’s Chicago bankruptcy lawyers will guide you through the murky waters of bankruptcy law. Our bankruptcy lawyers understand the financial stress you have been under and can help you put an end to it. In addition, we will help restore your peace of mind amidst the financial crisis you are facing.

For more information, please call us at 1-866-790-8601 or Request a Free No Obligation Bankruptcy Filing Consultation Today..

Child Support During Bankruptcy

The law offices of Chang and Carlin have been helping thousands of families across Chicago to overcome financial crises and make a fresh start through Chapter 7 and Chapter 13 Bankruptcy.

For those saddled with debt and bearing the brunt of financial crises, bankruptcy is a last resort solution. While no one wants to file for bankruptcy, an increasing number of individuals and families have found themselves with no other means of absolving their debts. However, things may be a bit different for you if you have a child to support. If you are paying child support and are considering filing bankruptcy, you may want to know how a bankruptcy ruling will affect your child support obligations. So, here is some useful information on the subject, brought to you exclusively by Chang and Carlin, LLP’s expert Chicago Bankruptcy Lawyers.

Is a child support claim dischargeable through bankruptcy?

Child support payments generally cannot be discharged through bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to establish paternity or to establish or modify child support obligations. The relationship between child support and bankruptcy is complex. To understand the details particular to your situation, you may need the help of an attorney familiar with bankruptcy law.

What does “in the nature of support” mean?

Debts "in the nature of support" for a child are basically any debts you incurred that relate to your child's welfare and upbringing, other than debts arising directly from child support payments owed.

What happens to the one receiving child support?

If you are the one receiving child support or alimony payments, but your ex-spouse’s or ex-partner’s payments are in arrears and he/she files for bankruptcy, you can submit a claim for the money owed to you, and make yourself a “preferred creditor”.

If you are unable to survive financially due to the added cost of child support payments, it's imperative that you speak with someone who can address questions that are specific to your circumstances. In addition, this individual should have a firm grasp of bankruptcy law, as well as family law. Chang and Carlin, LLP’s experienced Chicago bankruptcy attorneys can help you during the times of financial difficulty and will suggest you a solution specific to your circumstances.

To schedule a free initial legal consultation with a Schaumberg Bankruptcy Attorney, call Chang and Carlin, LLP today or Request a Free No Obligation Bankruptcy Filing Consultation Today.

Reaffirmation Agreement-Things You Need To Know

The Law Offices of Chang and Carlin guide individuals and families through their financial struggles, helping them make a fresh start through Chapter 7 and Chapter 13 Bankruptcy.

Bankruptcy is a powerful tool which, if used correctly, can help you recover from financial crises. However, there are many things involved in the bankruptcy process which you need to understand. A good bankruptcy attorney in Chicago will not just help you sail through the bankruptcy process, but will also answer all your questions pertaining to bankruptcy. So, here is some information on a ‘Reaffirmation Agreement’, brought to you exclusively by Chang and Carlin, LLP.

What is a Reaffirmation Agreement?

In a Chapter 7 bankruptcy, a reaffirmation agreement is basically a contract between you and your creditor that states that you agree to treat that specific debt as if you have never filed bankruptcy.

Why people sign reaffirmation agreement?

Many people who file bankruptcy are under the misconception that if they reaffirm a debt, that debt is not listed in the bankruptcy petition. However, the truth is that you must list all of your creditors in your bankruptcy case or you will be in violation of the bankruptcy laws.

What happens if you sign reaffirmation agreement and then fail to pay?

If you sign a reaffirmation agreement and then fail to pay that creditor, they can sue you and garnish your wages. Chang and Carlin, LLP’s experienced foreclosure attorneys in Chicago suggest that you never sign a reaffirmation agreement unless you are extremely confident you will be able to make the future payments.

When should you avoid filing a reaffirmation agreement?

One of the benefits of a Chapter 7 bankruptcy, is the ability to keep (or "reaffirm") debts secured by property the debtor needs for his or her fresh start. Typically, clients need their vehicle and house and reaffirming the loans on those items seems like the right thing to do. However, there are certain cases when you should not go for a reaffirmation agreement-

· If there is a 2nd mortgage;

· If a client is self-employed or has fluctuating pay; or

· If the property has little or negative equity.

Having the proper knowledge of bankruptcy and related procedures will not only save your financial future, but can also save you from harassment and embarrassment. For more similar useful information, or to schedule a free initial legal consultation with an experienced bankruptcy or real estate attorney in Chicago, call Chang and Carlin, LLP today or Request a Free No Obligation Bankruptcy Filing Consultation Today.