- Child SupportThe answer is yes. According to the automatic stay law, creditors are barred from taking any further action to collect past due debts. When an individual becomes delinquent in paying bills, creditors will try different methods of reaching them in an effort to collect on the debt. Some of the actions they may take include calling your work, home, friends, family members, or employer. Those that co-signed or guaranteed the loan on your behalf may also be contacted. More drastic measures may be taken as well such as vehicular repossession, foreclosure, and seizure of furniture and appliances. Filing for bankruptcy or reorganization stops any collection activity against you or your possessions. Creditors will no longer be able to call you, send notices, or apply any wage garnishes. Repossession actions and foreclosures must come to a halt and, even in the case of reorganization, collection activity can be stopped against guarantors and co-signers on certain types of debt. Some actions cannot be stopped with bankruptcy, and those include any orders for payment of alimony or child support. The advantage is that a reorganization plan can provide the means for being able to catch up on any past due alimony or child support.
- Spousal SupportNot every type of debt is eligible to be discharged during bankruptcy. Some examples of the type of debt that is non dischargeable includes debts to spouses and former spouses, government fines, child support, alimony, or maintenance. Also, debts that are owed to creditors who were not told about the bankruptcy cannot be discharged. In general, student loans cannot be discharged unless specific guidelines are met by the debtor. If there are particular debts that have been incurred as a result of malicious or deceptive behavior by the debtor, they cannot be discharged. In addition, debts resulting from personal injury to others where drunk driving was involved are also non-dischargeable. When filing for Chapter 7, these debts can usually not be discharged; however, under Chapter 13, these debts can be repaid over a period of time set forth in the repayment plan. In addition, there may be certain exceptions where these types of debts can in fact be discharged under Chapter 7 bankruptcy.
- DUI/DWIA driver’s license may be suspended if an accident or fines are not paid for. Damages from intentional acts and accidents caused by drunk driving are usually not dischargeable in Chapter 7 bankruptcy, but other damages usually are. Non-dischargeable damages and fines may be paid over time in a Chapter 13. By filing the appropriate proceeding, a suspended license may be reinstated upon the filing of a bankruptcy. Typically, it takes some time and effort to work with the licensing people to see that this occurs.
- Personal Injury
- BankruptcyIf you are looking for a bankruptcy lawyer in Iowa you have likely considered many options, read quite a bit and perhaps have even seen information that might be confusing or scary. The truth is when done properly, professionally and with care bankruptcy laws can be used to give you freedom from debt and improve your quality of life. Jankins Law Firm is a bankruptcy law firm that treats each case by its own set of circumstances and works with each unique client to find financial solutions that best suits them. We start the process with a free, no obligation consultation, and stay in open communication with each client to ensure they feel cared for, and understand the process. Schedule your consultation with an experienced bankruptcy attorney today!
- ForeclosureWhen you get behind on your house payments, the creditor may elect to call the loan in default, accelerate the debt, and begin foreclosure proceedings. When a debt is accelerated, the full balance of the note, not just the monthly payments, is due in full immediately. This is usually preceded by the creditor’s refusal to accept monthly payments.