When do I get Relief from Creditor Harassment?

The first question we are often asked is, “When do I get relief from creditor harassment?”  As you likely already know, creditors call and aggressively continue to call.  They call you at home and at work and often they call your work associates, family, friends, and neighbors.  They send threatening letters.  It’s horribly embarrassing and stressful.  Fortunately, we, Geygan and Geygan, Ltd., have good news about stopping creditor harassment.

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act limits when and how creditors can contact you, but as you likely know, even within this law, collection practices negatively affect your entire life.

How to cease creditor harassment

As soon as you file bankruptcy, all creditor collection efforts must stop.  This is called a “stay” and it is the law.  No creditors can contact you by phone or mail and no liens can be filed against your property.

If a creditor wants to collect, he must go to court.

One caveat to obtaining a stay

A stay is mandated if your bankruptcy petition is accepted by the court.  If your petition is rejected, creditor collection efforts may continue.  We ensure that your petition is prepared correctly and accepted by the court.

Creditors subject to court sanctions

If a creditor continues collection efforts after receiving notice of your bankruptcy filing, that creditor may be subject to court sanctions.

Where to get help

Contact our office immediately.  As soon as we have your pertinent information, we will file your bankruptcy petition, assuring it is prepared correctly, and all creditor harassment will immediately stop.  We focus our practice on bankruptcy law and you can reach us at 513-793-6555 or Thomasjr@geygan.com. 

In fact, as soon as retain our firm to represent you can refer any creditors to our office.  Just say, “You’ll have to speak to my bankruptcy attorneys, Geygan and Geygan, Ltd., at 513-793-6555.”

Once a creditor knows that you are represented by legal counsel, they are not permitted to contact you.

Consult with a qualified attorney when considering bankruptcy or if you have any questions about stopping creditor harassment.  Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and attaining discharge of federal income taxes. 

We focus our practice on bankruptcy law and you can reach us at 513-793-6555 or Thomasjr@geygan.com for a free consultation.  We will gently walk you through the bankruptcy process and aggressively fight for your legal rights.

Will I Lose Anything if I File Bankruptcy?

If you’re like most people under financial duress, you are wondering, “Will I lose anything if I file bankruptcy?”  The state of Ohio has very specific rules regarding “protected exemptions.”  Protected exemptions are those assets which you will not lose when you file bankruptcy.  It is always in your best interest to consult with a qualified bankruptcy attorney regarding your specific circumstances.  The law firm of Geygan and Geygan, Ltd. outlines the bankruptcy exemptions for your assets below:

Your home

Tenancy by the entireties property

If your home is owned jointly with your spouse (tenancy by the entireties) and only one of you is seeking debt relief through filing bankruptcy, you may be able to protect the full value of your home.  You must continue to pay your mortgage.

Tenancy by the entireties would not offer protection if the creditor has a lien on your property because he did work on your home.  A roofing contractor or kitchen installer would be an example.

Your home

Your homestead has a $20,200 exemption.  This means that if your equity is less than or equal to $20,200 and you can make the mortgage payments, you can keep your home.  This exemption is doubled for married couples, filing bankruptcy jointly ($40,400.)

Your car

Each person can protect up to $3,225 of equity in a car.  This means that a married couple filing bankruptcy jointly can protect up to $6,450 of equity in cars. 

Your tools

Each person can protect up to $2,025 worth of tools of the trade.  This is $4,050 for a married couple.

Your jewelry

Each person can protect up to $1,350 in jewelry.  This is $2,702 of jewelry for a married couple.

Your personal items

Each person can keep up to $10,725 of personal items (with no item being worth more than $525) and a married couple can keep up to $22,450 of personal items.   Examples of personal items would be clothing, furniture, books, computers and the like.

Wild card

In addition, there is a wild card of $1,075 per person ($2,350 per married couple) that could be used to help you to keep your car, home, or cash. 

Where do I get help?

Consult with a qualified attorney when considering bankruptcy or if you have any questions about protecting your assets.  Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and protecting your exemptions.  We focus our practice on bankruptcy law and you can reach us at 513-793-6555 or by email at Thomasjr@geygan.com.  We will gently walk you through the process and aggressively fight for your legal rights.

If you’re like most people, having your paycheck garnished is a stressful and even, embarrassing, experience.  Often, garnishment puts people behind in paying for important living expenses such as rent, mortgage, and car payments.  In most cases, filing bankruptcy will stop wage garnishments immediately.

Garnishments Stopped

Immediately upon bankruptcy filing, all consumer debt garnishments will cease.  Creditors are required by law to obey the automatic stay, preventing the attempt to collect debts.  Consumer debt is credit card and personal signature loan debt medical bills ect. reduced to a judgment. 

A Special Word about Child Support

Child support obligations are not dischargeable in bankruptcy and therefore filing your bankruptcy petition will not stop garnishments for support due currently. 

If you file Chapter 13 bankruptcy, which provides for the long term repayment of your debts, wage garnishment for past due child support may be temporarily halted. 

Resumption of Garnishment

If you have debt that cannot be forgiven in bankruptcy such as child support and (certain kinds of) student loans, garnishment may resume after your bankruptcy case is completed.

Why Stopping Garnishment Benefits You

Stopping consumer debt garnishment is especially beneficial if the paycheck deduction is causing you to fall behind in more important payments such as your rent, mortgage, and car payments.

Bankruptcy allows you to reset your payment priorities, allowing, for the most part, you to decide who gets paid and who does not.

Where do I get help?

Consult with a qualified attorney when considering bankruptcy or if you have any questions about stopping wage garnishment.  Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and stopping wage garnishment.  We focus our practice on bankruptcy law and you can reach us at 513-793-6555 or by email at Thomasjr@geygan.com.  We will gently walk you through the process and aggressively fight for your legal rights.