Common Questions About Bankruptcy

Many debtors who file for bankruptcy begin with little knowledge of the bankruptcy process. At Smith & Messina LLP, we were founded in 2004 and have since provided knowledgeable counsel to each of our clients. We are dedicated to helping our clients through each step of their bankruptcy filing. Below, we have answered frequently asked questions that our clients ask us on a regular basis. For more information from our Buffalo bankruptcy attorney, contact us today!

How can I make my creditors stop calling me?
One of the most common complaints we hear from our clients is that their creditors will not stop calling them. When you take legal action to resolve your debt situation, your creditors are no longer able to pursue you for repayment of your debts. When you retain the services of Christopher D. Smith & Associates and inform your creditors of your legal representation, the calls should stop. If a creditor continues in his or her debt collection attempts, it will be cited as a violation of the Federal Fair Debt Collection Practices Act (FDCPA).

If I have been sued, will filing for bankruptcy stop a lawsuit against me?
Filing for bankruptcy, in most cases, will stop a lawsuit at once and prevent your creditors from placing a lien against your property. Whether you have been sued in a credit card lawsuit, a foreclosure, or repossession of property action, you should seek the legal help of our firm at once. We can defend your best interests and help you obtain a resolution.

Will bankruptcy stop my home from being foreclosed?
Filing for a Chapter 7 bankruptcy can stay a foreclosure action and delay the sale of your home. An "automatic stay" will arise the moment a bankruptcy is filed, which will stop any foreclosure process. Chapter 13 bankruptcy may be able to prevent the sale of your home altogether. Bankruptcy can allow you to consolidate your mortgage arrears and make payments over time through a repayment plan.

How do I rebuild my credit after filing for bankruptcy?
Bankruptcy can remain on your credit report for up to 10 years. You can, however, begin to reestablish your credit immediately after you receive a discharge. You should obtain a credit card and promptly pay back your debt. Lenders will consider many factors when determining whether or not to provide you with credit, including your debt-to-income ratio. Our firm can help you rebuild your credit, even after filing.

Do I have to go to bankruptcy court if I file?
You will be required to attend a first meeting of creditors, known also as a "341 meeting." As your bankruptcy attorney in Buffalo, I will attend the meeting with you. It will be held in a hearing room, not in a courtroom. During this meeting, the trustee will ask you a variety of questions regarding your bankruptcy. Our firm can prepare you for the meeting and answer any questions that you may have. We are prepared to remain by your side through the entire case.

Do you have any more questions?

Our firm's bankruptcy lawyer was selected for inclusion in the Super Lawyers® Edition of 2014 & 2015, which is an acknowledgment that sets us apart from other firms in the area. We have the knowledge and experience necessary to help you through each step of your case. Call today!

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