Bankruptcy is not the end; it is the beginning.

Bankruptcy Myths

Many bankruptcy myths exist that are simply not true.  People often hear that bankruptcy ruins your credit or deletes your credit or prevents you from ever obtaining credit again.  Each of these statements are simply untrue.  The truth is that filing bankruptcy is often the fresh start, clean slate that you need to begin rebuilding your credit.  Bankruptcy is not a credit “death sentence”.

How Filing Bankruptcy Impacts Your Credit

The initial filing of your bankruptcy acts as a federal injunction (“automatic stay”) against the collection of most type of debt.  One of the benefits of that bankruptcy automatic stay is that creditors are no longer permitted to report negatively to your credit.  That means that all of the delinquent credits cards, loans, and medical collections companies have to stop negatively reporting to your credit immediately.  This automatic stay effectively acts as a “breathing room” mechanism.  It allows you to regain your financial composure and think about how you will do things differently once your bankruptcy is over and you obtain your bankruptcy discharge.

How Finishing/Discharging Your Bankruptcy Impacts Your Credit

When you complete your bankruptcy, you will receive a bankruptcy discharge.  While the automatic stay that we mentioned before was only temporary, the bankruptcy discharge is now a permanent injunction against the collection of any debt discharged in the bankruptcy.  That basically means that your bankruptcy was a success and that none of the previous companies that were negatively reporting to your credit may do so anymore.

Credit Score

Generally speaking, when you receive your discharge, your credit score will respond over the next 6 to 12 months.  If your credit was really good (850) when you filed bankruptcy (rare), then, yes, your score will drop by around 50 to 100 points.  If your credit was average (650) when you filed bankruptcy (also rare), then your credit will likely fluctuate up or down by around 25 to 50 points.

However, if your credit was really low (300 – 550), then your credit score will likely increase by around 50 to 100 points.  This is primarily because all of the balances have been removed and all of the negative reporting has been stopped.

Credit Offers

You may find it unbelievable, but you will actually receive credit card and personal loan offers immediately after you receive your discharge (sometimes even before).  You will even receive solicitations from car dealerships offering financing for a new vehicle.

This primarily because lenders and dealerships monitor bankruptcy filings.  They believe that someone who took the responsibility to deal with their debt through bankruptcy and now has a fresh slate is a good, viable customer.

The only instance where you actually have to wait a significant amount of time is if you want to buy a house.  If you have the 20% down payment for a regular mortgage, there is no waiting period.  However, if you don’t have that down payment, then you’ll likely need to use the FHA program and they make you wait two years after a bankruptcy before that option is available.

Rebuilding Your Credit

Rebuilding your credit after bankruptcy is simple.  There are no tricks or short cuts.  You simply incur debt and then timely pay that debt off.  Each time you do that, you receive positive marks from your lender on your credit report.  Those positive marks add up overtime and, eventually, your credit has rebounded.  Use www.annualcreditreport.com to obtain your annual free credit report.

Learn More About Credit vs. Bankruptcy

If you are interested in learning more about filing bankruptcy and how it affects your credit, contact us today.  The Law Offices of Dax J. Miller practices exclusively in the United States Bankruptcy Court.  We are a small bankruptcy law firm dedicated to detailed attention to your case.  Contact The Bankruptcy Law Offices of Dax J. Miller today to learn more.

Bankruptcy in New Albany, Indiana – Ch. 7 Filed For $399.00 Down, Ch. 13 Filed For $0.00 Down

Filing bankruptcy in New Albany, Indiana requires experience and an extensive knowledge of both federal and Indiana bankruptcy law.  You need a New Albany Bankruptcy Lawyer you can trust.  Obviously, don’t trust your and your family’s future to a nationwide bankruptcy law firm.  The New Albany Bankruptcy Law Offices of Dax J. Miller possess the skill and knowledge to deliver fast, efficient results.

Bankruptcy Lawyer Fees

The New Albany Bankruptcy Law Offices of Dax J. Miller offer multiple payment options to fit your budget.

Our bankruptcy fees reflect the fact that if you are contacting a bankruptcy law firm, you probably do not have thousands of dollars laying around for bankruptcy fees.  We offer discounted chapter 7 bankruptcy fees if you pay them all up front.  We also offer chapter 7 bankruptcy payment plans in case you cannot pay it all up front.

Chapter 7 Bankruptcy Payment Plan

The bankruptcy fee payment plan for Chapter 7 Bankruptcy allows you to get filed for $399.00.  This payment covers your court filing fee and credit reports.  A payment plan for your proposed post-filing fees is then created based on the complexity of your case and income.  We typically stretch these payments over 3 to 4 months after your filing and allow you to pay weekly, biweekly or monthly (depending on when you receive your income).  You must first qualify for the payment plan which can be determined during a free no-obligation phone or in-office consultation.  Dax is the only New Albany Bankruptcy Lawyer to offer this Chapter 7 payment plan.

Chapter 13 Filed for $0.00 Down

Finally, we will even file chapter 13 bankruptcy for $0.00 down.

Click here to learn more about bankruptcy fees or simply…

Contact the New Albany Bankruptcy Law Offices of Dax J. Miller

Most New Albany bankruptcy law firms make you do all the work.  You have to pull your own credit report.  You have to fill out their long bankruptcy questionnaire forms.  At The New Albany Bankruptcy Law Offices of Dax J. Miller, we do all the work.  We pull all three of your credit reports.  We fill out all of the bankruptcy paperwork on your behalf.  You pay for an attorney, you get an attorney.

Contact us today to learn how bankruptcy might help you.

Local New Albany Bankruptcy Attorney

Dax J. Miller was born and raised in Southern Indiana and attended the University of Indiana – Bloomington.  Dax has always believed that Hoosiers deserve to control their own financial future.  Too often Indiana State Courts give too much leeway to creditors.  Hoosiers are often left wondering how and why their paychecks were garnished when they never even had their day in Court.

Stop Garnishment, Repossession and Foreclosure in New Albany, Indiana

In Indiana, the State Court gives your creditors much more power than you.  Normally, the Judges see their attorneys on a daily basis.  Unfortunately, some Judges even used to work for the very same creditors before they became Judges.  You need someone on your side that can help level the playing field.

Bankruptcy vs. Debt Collection Cases

Filing bankruptcy in Federal Court overrides any State Court proceeding for a dischargeable debt and forces the State Court to cease all activity.  Consequently, when you file bankruptcy in New Albany, it creates a federal injunction against the collection of most debts.  That means that everything then gets funneled into one place: the New Albany Bankruptcy Court.  It is in that Court, that we can then dispense with as much debt as possible to give you the fresh start you deserve.

File the Right Chapter of Bankruptcy

Some bankruptcy law firms try to persuade you to file chapter 13 bankruptcy when chapter 7 bankruptcy is really in your best interest.  Chapter 13 bankruptcy is reorganization bankruptcy, and typically reserved for those who make too much money and don’t qualify for chapter 7Chapter 13 bankruptcy is also for people who are trying to save something that they are behind on like a house or car.  Chapter 7 bankruptcy is the most common form of bankruptcy.  It only lasts three months, and is specifically designed to just wipe out debt so that you can get on with your life as soon as possible.  You need a New Albany Bankruptcy Lawyer you can trust.  Contact The Law Offices of Dax J. Miller, LLC today.

Emergency bankruptcy filing phone

An emergency bankruptcy filing allows you to stop garnishment, stop repossession and stop foreclosure. An emergency bankruptcy filing requires great attention to detail and quick action on the part of your attorney.  The Bankruptcy Law Offices of Dax J. Miller, LLC specialize in emergency bankruptcy filings and offer multiple fee options to accommodate your budget.

We Do All the Work

As an Evansville Bankruptcy Lawyer, Dax J. Miller uses the most painless and effective procedures to get your emergency bankruptcy filed. Many bankruptcy law firms require you to do all the work. They make you complete endless questionnaires. They make you feel like they aren’t doing anything to earn their fees. At The Law Offices of Dax J. Miller, the process is simple. We do it all. You pay for an attorney, you get an attorney.

No Long Waits to Get Filed

Whether its an emergency bankruptcy filing or just a normal bankruptcy filing, the end result is always the same. We do all the work accurately and efficiently. You pay good money for a bankruptcy lawyer and that is exactly what you get. There is no run around. There are no long delays. Questions are answered quickly. Problems are addressed quickly. Phone calls, text messages, emails – all returned quickly so you can get the bankruptcy relief you need as soon as possible.

Peace of Mind

At The Law Offices of Dax J. Miller, we take your bankruptcy case seriously. Part of what you’re paying for is peace of mind. Peace of mind knowing that we will hunt down creditors or lawsuits you don’t even know about. Peace of mind knowing that we will contact your employer or tax preparer to get pay stubs or taxes. Peace of mind knowing that when you hire Bankruptcy Attorney Dax J. Miller – he’s on it. Which means you can get back to worrying about other things that life throws at you like your health, your job, or your kids.

Let us handle the debt.

Filing Bankruptcy with your Tax Refund

Extra Money Doesn’t Come Around Often…

If you are in debt, filing bankruptcy with your tax refund gives you the relief you need now. Take this opportunity to get of debt and back on track for 2019. Stop worrying about how to pay medical bills, credit cards and collection accounts. File bankruptcy to stop garnishment, repossession and foreclosure.

Filing bankruptcy at tax time allows you to set the stage for the rest of the year. Don’t spend 2019 worried about bad credit and overwhelming debt. Take control of your financial future now. Don’t spend another year getting garnished or watching your credit fall. If you’re reading this now, you’ve already taken the first step. The good news is that you’ve come to the right place.

Timing Is Everything…

The bankruptcy code contains very specific laws concerning how the court treats your tax refund. In most cases, you don’t lose any of your tax refund money when you file bankruptcy. However, that is largely dependant on how you plan prior to filing bankruptcy. Speak to The Law Offices of Dax J. Miller today to make sure you protect your tax refund in bankruptcy.

File Bankruptcy With Your Tax Refund

The bankruptcy court allows you to use your tax refund to pay bankruptcy attorney fees. While there are some expenses you cannot use your refund for, paying your bankruptcy attorney and your court filing fees is permitted. The Law Offices of Dax J. Miller offers discounts for the those using their tax refund to file bankruptcy this year. If you file your bankruptcy by April 15, 2019, you will enjoy discounted bankruptcy fees. File your tax return and contact The Law Offices of Dax J. Miller immediately to find out whether you should file bankruptcy before or after you receive your tax refund. If you already filed your taxes, go here to check the status of your refund.

Start 2019 Off Right – Use Your Tax Refund to File Bankruptcy

Filing Bankruptcy with your tax refund may sound like a boring way to spend your refund.  People like to use their tax refund for big luxury purchases, expensive car repairs, home improvement – any expense that requires a quick influx of a couple hundred (or thousand) dollars.  The truth of the matter is – filing Bankruptcy with your tax refund may be the best use of your refund.

Spend a Little To Get Rid of Lots

Imagine you have $15,000.00 in unsecured debt that you know you may never pay off no matter how hard you try.  This could be a combination of debts like credit cards, medical bills, or collection accounts.  You also expect to receive a $2,000.00 combined federal and state income tax refund.  You could spend all the money on a new television or vacation.  Or, you could spend part of that money on a bankruptcy that has the power to totally eliminate that debt.  

Chapter 7 Bankruptcy

Generally speaking, there are two different types of Bankruptcy. Chapter 7 Bankruptcy is considered fresh start, clean slate Bankruptcy. It last about three months and usually involves only one short hearing.  Chapter 7 Bankruptcy is the most common form of Bankruptcy.  

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is reorganization Bankruptcy and is designed for people who are trying to save something they are behind on like a house or a car OR people who make too much money and do not qualify for a Chapter 7 Bankruptcy.  Chapter 13 Bankruptcy can last anywhere from several months up to five years.  Chapter 13 is also available to those who are not eligible for a chapter 7 because they have filed chapter 7 within the last 8 years.

Get Answers About Bankruptcy Now

If you are considering Bankruptcy or Debt Relief, you owe it to yourself and your family to at least get more information.  Many clients treat the commitment to use their tax refund to file Bankruptcy as part of their New Year’s resolutions. If you are suffering from overwhelming debt, getting your finances under control should be at the top of the list for 2019.  Call today.

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To rebuild your credit after bankruptcy, you must retrain your financial behavior.  This starts with recognizing the fact that you must live with the lifestyle that your income allows.  This does not necessarily mean you cannot have nice things or go out to eat or go on vacations.  It is simply a restructuring of your overall priorities to ensure future financial well-being.

How to Rebuild Your Credit After Bankruptcy

The thought of rebuilding your credit after bankruptcy may seem overwhelming.  The key is to begin with small, easy-to-complete tasks and then work your way up the ladder.  Understanding how bankruptcy affects your credit will allow you to begin to rebuild your credit after bankruptcy.

Rebuild Your Credit After Bankruptcy – Step One

The first step is to ensure that all of the creditors whose debt you discharged are correctly reporting to your credit.  You should familiarize yourself with www.annualcreditreport.com.  This is the free, government-sponsored website that allows you to pull each of your credit reports once a year.

I recommend picking one report and pulling it about 60 days after you receive your bankruptcy discharge.  Each of the discharged debts should now be reporting “$0.00” or “Discharged in Ch. 7 Bankruptcy.”  If any debt is not reporting that way, contact our office right away.  Please make sure to download or print off a complete copy of the credit report.  We can then determine whether this is something that simply needs to be disputed with the credit bureau OR if we need to reopen your bankruptcy case and seek sanctions against that creditor.

Once we determine that all of the creditors are correctly reporting the bankruptcy, the next step is maintenance/monitoring.

Rebuild Your Credit After Bankruptcy – Step Two

You can choose from any number of credit report companies to monitor your credit score these days.  My favorite is Credit Karma.  It is legitimately free to sign up.  More importantly, Credit Karma constantly rates each of the factors that make up your total credit score.  The site will actually tell you what you can do to improve your credit card utilization rate, hard inquiries, payment history, and derogatory remarks.

Naturally, Credit Karma is available as an app on just about any cell phone carrier so you can always be in touch with how your score is doing.  If you’re like me, you may just become obsessed with it and check it weekly or even daily.

Rebuild Your Credit After Bankruptcy – Step Three

Obtain a secured credit card.  A secured credit card is identical to a regular credit card with one important difference.  With a secured credit card, you give the credit card company a deposit before they issue you the card.

Example:  You give Big Credit Card Company $200.00 that you have saved up over the last couple of months.  Big Credit Card Company says “thank you” and puts that money into a separate account that only they control.  Big Credit Card Company then issues you a credit card that has a $200.00 spending limit.

You then use this credit card just like you would any other card.  You charge expenses to it and then pay them off on a monthly basis.  Every time you make a timely monthly payment, Big Credit Card Company reports positively to your credit.  Every positive report to your credit further boosts your credit score.

Here is the beauty of a secured credit card – they will never report negatively to your credit.  Say you miss a payment or just stop paying the card altogether.  Big Credit Company will just start to deduct whatever monthly payments you don’t make from the $200.00 that you’ve already given them.  They will do this until that account is totally depleted.

By having those funds already on hand, you’re ensuring that you’re never in a position where you might get in over your head.  You are also ensuring that they will not report negatively to your credit.  It is a win-win for you and Big Credit Card Company.

Rebuild Your Credit After Bankruptcy – Step Four

The key to rebuilding your credit after bankruptcy is incurring debt and then paying it off in a timely manner.  Once you are comfortable with your post-bankruptcy finances, you may consider financing a car or home.  As with any other purchase in life, the best way is pay for the item with cash up front.  You should avoid financing items where you can.  Unfortunately, there are times where that is simply unavoidable.

Financing a vehicle after bankruptcy is surprisingly easy.  Once you receive your discharge, you can walk into just about any dealership in the state of Indiana and finance a car.  I recommend going during “year-end clearance” sales because you have a better chance at getting a lower interest rate.

Financing a home after bankruptcy requires a little more time and savings.  If you are in the market for a new home and do not have a 20% down payment, you actually only have to wait two years from the date of discharge to be able to obtain the FHA home loan through the federal government. The FHA program requires you only put down 3.5%!

Rebuild Your Credit After Bankruptcy – Final Step

Don’t get discouraged.  Increasing your credit score will take time and patience.  Use it as an opportunity to learn more about how to budget and prioritize what you want out of life.  If you have questions or concerns, contact our office.

 

Bankruptcy Attorney in Southern Indiana

Bankruptcy Law Firm in Southern Indiana

We are an Indiana Bankruptcy Law Firm headquartered in Southern Indiana.  We are located in The Old Vanderburgh County Courthouse in the heart of Evansville, Indiana.  Our firm only practices bankruptcy and debt relief.  We offer our services to all of Southern Indiana.

Bankruptcy Consultation Options

We offer both in-office and phone consultations absolutely free of charge.  The initial consultation allows me to assess your current financial difficulties and create a plan to help get you back on track.  With the in-office consultation, you have the opportunity to physically come into our beautiful, historic office to meet with me, one-on-one.  No paralegals, law clerks or legal assistants – just you and me.

While most clients report that they get the most out of the free in-office consultation, the majority of our consultations are held via phone.  You have to work.  You have doctor appointments.  You have kids that have to be picked up here and there.  The luxury of popping into an attorney’s office may not be high on your list priorities for the day.

Free Bankruptcy Phone Consultation

Again, most clients, whether they are local or far away, tend to prefer the free phone consultation.  During the free phone consultation, you can tell me all about the problems you are having.  You can tell me about the concerns you have about your current finances.  Perhaps more importantly, you can tell me about the concerns you have about finances and credit down the road.

Obviously, being able to hold this free consultation over the phone is convenient to you.  However, it also says something about the way we conduct our bankruptcy law firm.  Unfortunately, the traditional lawyer tends to shield his knowledge from the public – only educating the people once he or she has been compensated for their time and experience.

Dax J. Miller’s Approach to Bankruptcy

We take the opposite approach.  I will talk to you for 5 minutes or 60 minutes – however long it takes to figure out what your situation is and what we need to do to address it.  More importantly, when you call back later for follow up questions, you talk to me.  You don’t get sent to the paralegal, law clerk or legal assistant mentioned above.

You are making one of the most important decisions of your life and you deserve to speak to the person who will ultimately guide you through this difficult situation.

Filing Bankruptcy if you live in Newburgh, Mount Vernon, Washington, Vincennes, Jasper, Petersburg, or Terre Haute.

While both options listed above are available to our clients living in Newburgh, Mount Vernon, Washington, Vincennes, Jasper, Petersburg, or Terre Haute, the most convenient option is usually the free phone consultation.  If you choose to proceed with bankruptcy, you may then personally come to the office here in Evansville or we also offer a filing option that let’s you complete everything by phone, fax or email.

We are here to help you get your financial life back on course.  Mere physical distance is not an obstacle to accomplishing this goal. Bankruptcy in Southern Indiana just got a lot easier.  Contact us today for a free consultation.

 

Discharging student loans in bankruptcy may get easier.

Student Loans Causing Undue Hardship

Currently, discharging student loans in bankruptcy requires you prove that they create an undue hardship.  Bankruptcy Courts struggled with how to define “undue hardship.”  You basically have to show that you cannot maintain a basic standard of living while paying the student loans and that this difficulty would last throughout a large chunk of your repayment period.

Undue Hardship Almost Impossible to Prove

That level of hardship has been virtually impossible to prove in Bankruptcy Courts.  The result is that many people who successfully filed a bankruptcy are still stuck with a debt that they have little or no ability to repay.  That then impacts the rest of the economy in that those people cannot buy cars, houses, or make other purchases that drive our economy as a whole.

Overwhelming Student Loan Debt

Student debt in the United States amounts to over $1.5 trillion.  That amount of debt is second only to mortgage debt in this country.  The Brookings Institute estimates that nearly 40 percent of all student loan borrowers will default on their loans by 2023.  This could spell catastrophe for not just those borrowers, but the economy as a whole.

Hope on the Horizon

The Department of Education indicated interest in broadening the definition of “undue hardship.”  An expansion of this definition would allow more student loan debt to get discharged through bankruptcy.  However, this is not simply a “get-out-of-jail-free-card.”  There are still very strict guidelines to be followed.  Notably, even a significant uptick in discharged student loan debt would pale in comparison to the total amount of student loan debt in the U.S. ($1.5 trillion).  The impact on the individual would be huge.  The impact on the student loan system as a whole would be small.

Discharging Student Loans in Bankruptcy

If you’re having trouble with student loans, you need to seek help as soon as possible.  When in default, student loans can garnish your paycheck and even seize your tax refunds.  Even current bankruptcy laws still permit you to get your student loans back under control.  Contact The Law Offices of Dax J. Miller, LLC today to learn how we may help you with your student loan debt.

Stop foreclosure with a bankruptcy. Don’t let the bank dictate terms to you.

Foreclosure Process

If you fall behind on payments to the bank, you may find that you are being sued in foreclosure.  Foreclosure is the process where the bank files a lawsuit against you in state court to repossess your home.  Many times people don’t even know they are getting sued and only find out when a foreclosure sale date has been set by the sheriff’s office.

Stop Foreclosure with Bankruptcy

Even if you are being foreclosed against, you may still stop the foreclosure with bankruptcy.  There are two different types of bankruptcy that one may use to stop a foreclosure.  Which bankruptcy you choose will be based largely on whether you want to save the home OR or surrender the home and not be liable for the mortgage debt.

Chapter 7 Bankruptcy to Surrender Home

You choose Chapter 7 Bankruptcy to surrender your home.  Chapter 7 Bankruptcy allows you to temporarily stop the foreclosure sale thereby giving you time to get moved out.  Chapter 7 Bankruptcy also allows you to eliminate your personal liability for the mortgage debt.  This is important because you do not want the bank coming after you for debt on a house that you don’t even live in anymore.

Chapter 13 Bankruptcy to Save Home

You choose Chapter 13 Bankruptcy to save your home.  Chapter 13 Bankruptcy allows you to stop the foreclosure sale altogether.  Then, the Chapter 13 Bankruptcy Court allows you to take the amount you are behind on your house and get it caught up over the course of 3 to 5 years.  Finally, once you are finished with your bankruptcy, you are current on the home and no longer in fear of foreclosure.

Act Now

If you are the victim of foreclosure, you may need to consider bankruptcy.  You may stop foreclosure with bankruptcy.  Foreclosure is a serious matter that can have long-lasting effects on your credit and ability to buy a home in the future.  Whether you want to save your home or surrender it, The Law Offices of Dax J. Miller, LLC may be able to helpContact us today for a free phone or in-office consultation.

Medical Bills Can Be Included in Bankruptcy

You can file bankruptcy on medical bills.  That’s right – put medical bills in bankruptcy.  While there is a common misconception that you cannot file bankruptcy on medical bills, it is simply not true.

Medical Bills with the Hospital

Fortunately, you can file medical bills in your bankruptcy even if they are still with the hospital.  You can even file them in your bankruptcy even if you haven’t received the actual bill yet.  The key to listing medical bills in your bankruptcy is making sure you disclose the name, address and approximately how much you owe to the hospital or health care provider.  The bankruptcy does the rest.

Medical Bills in Collections

If you have medical bills with a health care provider and you do not pay them, the debt will eventually end up with a collection agency.  Consequently, that collection agency will then report the account negatively to your credit report while they try to collect against you.  You will likely not even recognize the name of the company calling you to collect.  Some of the most common medical bill collections companies are:  Hoosier Accounts Service, Cash-Pro, Atlas Collections, and Medical & Professional Collection Services.

However, if the collection agency isn’t able to get you to pay voluntarily, they may then refer the account to a collections law firm who may then sue you.

Medical Bills with Collections Law Firms

Many people think you cannot be sued for a medical bill – this is not true.  You can definitely be sued for a medical bill.  Worst yet, the lawsuit process is extremely simple and streamlined.  Medical collections law firms often file hundreds of lawsuits in a single day in Southern Indiana.

If you have been served a medical bill collections lawsuit, you cannot afford to ignore it.  Ignoring the lawsuit will allow the creditor to obtain a default judgment against you.  The creditor may then use this judgment to garnish your wages, seize money in a bank account, seize vehicles and even foreclose on your home.

Medical Bills – The Takeaway

I am not writing this to scare you.  I am writing this to impress upon you the extremely serious nature of mounting medical bills.  Unfortunately, many of us are just one injury or serious illness away from bankruptcy.  It can happen fast and without warning and if you do not act to protect yourself, you may find yourself in serious financial trouble.

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