Bankruptcy is not the end, it's a second chance! At the Wiesneth Law Offices, we understand that financial difficulties can happen to ANYONE. We are here to offer a nonjudgmental, common sense approach to any financial situation. We are here to help put your worries at ease and start you on a path to a FRESH FINANCIAL START.
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]
James Wiesneth, originally from Eminence, Indiana, is a graduate of Indiana State University with a Bachelor of Science degree in Criminology. In addition, he has two minors in Psychology and Sociology from Indiana State. James studied law and received his Juris Doctorate degree from Thomas M. Cooley Law School in Lansing, Michigan in 2003. Admitted to practice law in Indiana in 2003, James is a member of the United States District Court for Southern Indiana, United States District Court for Northern Indiana, United States District Court for Southern Illinois, and the United States District Court for Central Illinois. He is also a current member of the Indiana State Bar Association, Terre Haute Bar Association, Indianapolis Bar Association, Evansville Bar Association, and the National Association of Consumer Bankruptcy Attorneys (NACBA).
Darin Higgs is originally from Brookville, Indiana. He graduated from Franklin County High School in 2001. He attended Indiana University where he obtained a bachelors degree in Criminal Justice and Psychology. He studied law at The University of Toledo. He is a member of the Indiana State Bar and the United States District Court for the Southern District of Indiana Bar. Darin's previous work experience includes the Franklin County Circuit Court, The University of Toledo Athletic Department, The University of Toledo Legal Clinic, Allen County Prosecutor's Office, and United States District Court for the Northern District of Ohio. Most recently, Darin practiced with the law firm of Sacopulos Johnson & Sacopulos in Terre Haute where he primarily dealt with creditor's rights/collections and landlord-tenant cases.
Stephanie Brinkerhoff Riley, an Evansville, Indiana native, is a graduate of The University of Evansville with a Bachelor of Science degree in Environmental Administration. Stephanie studied law at the Indiana University School of Law where she earned a Doctorate of Jurisprudence in 1999. Stephanie's primary focus is family law, and she is one of four Certified Family Law Specialists in the Evansville area. She is also a collaboratively trained professional and registered Civil and Domestic Relations Mediator. From July 2009 to July 2010, Stephanie served as the family law section chair for the Evansville Bar Association. In addition to working and raising a family, Stephanie is committed to the community. She is a member of the Evansville City Council, and serves as the Councilperson for the Third Ward. She serves as a Precinct Committeeperson for the Democrat Party. She is Vice President of the Vanderburgh County Democrat Club and served as President the last three years. Stephanie also serves on the YWCA Board, and is active in several Third Ward organizations such as the Jacobsville Area Community Corporation and the Dream Center. Stephanie is licensed to practice law in the State of Indiana as well in the United States District Court for the Southern District of Indiana. Before joining Wiesneth Law Office, P.C., Stephanie practiced law for five years at Gerling Law as well as operating her own practice, Brinkerhoff Riley, LLC.
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]Chapter 7 bankruptcy is sometimes called "liquidation" bankruptcy or straight bankruptcy. It discharges most of your debts, but you might have to liquidate or sell some of your property to pay your creditors, if the equity in property that you have an interest in is over the state exemption dollar amount. The Chapter 7 bankruptcy process usually takes about six (6) to nine (9) months to complete.
You won't be able to file a Chapter 7 if you already received a Chapter 7 bankruptcy discharge in the last eight (8) years. (Six (6) years if you received a discharge through a Chapter 13 bankruptcy.) If your income is above the state median income, you must complete a "Means Income" test to determine the amount of "disposable income" you have. If there isn't disposable income, then you may still be able to file a Chapter 7 bankruptcy.
Before you can file for bankruptcy, you must receive credit counseling from an agency approved by the United States Trustee's office. These agencies are allowed to charge a fee for their services, but they must provide counseling for free or at reduced rates if you cannot afford to pay. In addition, you must pay the filing fee and file many forms that include information about your assets, debts, monthly income and expenses.
Filing for bankruptcy puts into effect an "automatic stay." The automatic stay or injunction order, immediately stops most creditors from collecting debts including, garnishing wages, repossession of vehicles, mortgage foreclosure, pending lawsuits/judgments and collection phone calls.
The court appoints a "trustee" to oversee your case. The Chapter 7 trustee is responsible for making sure that all creditors are treated fairly in the bankruptcy process. The trustee will look over the paperwork filed and determine if there is any "nonexempt" property that can be sold to pay the creditors.
In a Chapter 7, you are allowed to claim certain "exemptions" regarding property. In the state of Indiana, you may claim the following exemptions: Residence $17,600 (individual), personal property $9,350 (individual), checking or savings accounts $350.00 (individual), pre-tax retirement accounts 100% exempt. There are additional state exemptions that are applicable to certain retirement accounts.
A week or two after you file, you and all the creditors listed in your bankruptcy papers will receive a notice that a "creditors meeting" has been scheduled. The bankruptcy trustee runs the meeting and asks you questions about your bankruptcy and the papers that were filed. The trustee will determine if there are any assets that can be sold for the benefit of your creditors. In most Chapter 7 cases, the trustee determines that there are no assets to liquidate.
A "secured debt" is one that a creditor has a lien on collateral and can take if you don't pay the debt. An example is a house or car. If you want to keep the collateral that the debt is secured on, you must be current on the account. The secured debts continue to get paid outside the bankruptcy. A creditor may ask you to "reaffirm" this secured debt. The reaffirmation agreement is a contract you sign with your creditor during the bankruptcy process that states you want to reobligate your liability on the secured note and therefore you should retain possession of the collateral.
At the end of the bankruptcy process, most of your debts are wiped out or discharged by the court. Examples of debts that would survive a Chapter 7 Bankruptcy discharge include child support, tax liability, student loans, and debts arising from fraud or misrepresentation.
"We are a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code."
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]Chapter 13 bankruptcy is sometimes called a reorganization bankruptcy. In a Chapter 13 bankruptcy, you must use your income to pay some or all of what you owe to your creditors over a period of time from three (3) to five (5) years.
You must be an individual to file a Chapter 13 Bankruptcy. Businesses cannot file a Chapter 13 bankruptcy under the business name. Your income must also be steady and high enough to be able to pay monthly expenses and also have money left over in order to pay the monthly payments to the court for three (3) to five (5) years. If your total debt is too high, you are unable to file a Chapter 13. Your secured debts cannot exceed $1,081,400, and your unsecured debts cannot be more than $360,475. A "secured debt" is one that a creditor has a lien on collateral and can take if you don't pay the debt. An example of such collateral is a house or car. An example of an "unsecured debt" is a credit card or medical bill.
Before you can file for bankruptcy, you must receive credit counseling from an agency approved by the United States Trustee's office. These agencies are allowed to charge a fee for their services, but they must provide counseling for free or at reduced rates if you cannot afford to pay. In addition, you must pay the filing fee and file many forms which includes information about your assets, debts, monthly income and expenses. The most important part of your Chapter 13 paperwork will be the repayment plan. Your repayment plan will describe in detail how much you will pay each of your creditors.
Filing for bankruptcy puts into effect an "automatic stay." The automatic stay or injunction order, immediately stops most creditors from collecting debts including, garnishing wages, repossession of vehicles, mortgage foreclosure, pending lawsuits/judgments and collection phone calls.
Your Chapter 13 plan must pay certain debts in full. These debts are called "priority debts," Priority debts include child support, alimony, and certain tax obligations. In addition, your plan may include your regular payments on secured debts, such as a car loan. A Chapter 13 plan can include arrearages on these secured debts. Arrearages are the amount which you have fallen behind on a mortgage or car note. In most case, you don't have to repay the "unsecured debts" in full. The unsecured debts will get paid back a certain rate depending on the amount of debts, your income level, and the amount of equity that you have an interest in property at the time of filing.
The length of your repayment plan depends on how much you earn and how much you owe. If your average monthly income over the six (6) full months prior to the date you file for bankruptcy is more than the median income for your state and family size, your plan will be for five (5) years. If your income is lower than the state median income, your plan may be for three (3) years.
The court appoints a "trustee" to oversee your case. The trustee is responsible for distributing the plan payments to the creditors.
A week or two after you file, you and all the creditors listed in your bankruptcy papers will receive a notice that a "creditors meeting" has been scheduled. The bankruptcy trustee conducts the meeting and, after swearing you in, asks you questions about your bankruptcy and the papers you filed. If the trustee determines that your Chapter 13 Bankruptcy is filed in "good-faith" and that the filed plan is "favorable", then the trustee will recommend that the plan be confirmed and the payments will be distributed to the creditors over the next three (3) to five (5) years.
Once you complete your repayment plan, all remaining debts that are eligible for discharge will be wiped out. Before you can receive a discharge, you must show the court that you are current on any domestic support obligations such as child support or alimony, and that you have completed the second part of counseling which is the Debtor Education or budget counseling.
"We are a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code."
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]A credit report in essence is your "credit reputation" that creditors will use to determine your "credit worthiness". So therefore, Congress has implemented a series of laws to protect consumers from inaccuracies on their credit reports.
A credit report contains information including timeliness of payments, status and balance of accounts, lawsuits and bankruptcies. The companies that collect and sell this information are called "credit bureaus". The three major credit bureaus are Trans Union, Equifax, and Experian. These credit bureaus are required under the Fair Credit Reporting Act ("FCRA") to ensure the accuracy of your credit report. We help consumers enforce their rights under the "FCRA", but we are not a credit repair organization.Download the Fair Credit Reporting Act PDF
If you believe that there is an inaccurate entry on your credit report, contact us today for a free consultation to determine what your rights are.
Debt collectors are regulated by a network of Federal and State laws including the Fair Debt Collections Practices Act ("FDCPA"). A "debt collector" is anyone who, other than the original creditor, regularly collects a debt. It is important to know your rights when dealing with debt collectors.
If you believe your rights are being violated, please contact us for a free consultation. When you come in for your free consultation it is helpful if you could provide the following information:
You may have the right to sue a debt collector for violations under the "FDCPA". Remember - You only have one year to bring a claim against a debt collector after each and every violation. Contact our office today to schedule your free consultation.
Download the Fair Debt Collections Practices Act PDF
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]At the Wiesneth Law Offices, we understand that financial difficulties can happen to ANYONE. We are here to offer a nonjudgmental, common sense approach to any financial situation. We are here to help put your worries at ease and start you on a path to a FRESH FINANCIAL START.
Answer:: No. In a bankruptcy, certain assets are considered exempt property of the bankruptcy estate. Each state has their own set of exemptions.
Answer:: Yes. In most cases, you may continue to pay the creditor directly or reaffirm on this type of debt.
Answer:: Yes. A debtor may not "pick and choose" which debts are listed. A debtor must also fully disclose all assets which they may own. Many credit companies monitor listings and credit reports and still may shut a credit card down even if it is not listed on the bankruptcy.
Answer:: No. If the debts are in an individuals name only, then that person would be filing bankruptcy. If a debt is in a joint title, the effect on the co-debtor is dependent upon the state.
Answer:: Yes. A bankruptcy puts an "automatic stay" on all collection activities including lawsuits and garnishments. No further collection activity can occur. After a bankruptcy is filed, paperwork is filed with the court in which the lawsuit occurred.
Answer:: Each individual's situation is different. Some factors that determine which bankruptcy can be filed are the types of debt, the amount of monthly income and the means test which is the average of the last 6 months of income. Consulting with an attorney is the best way to determine which Chapter is the best.
Answer:: Student loans are not dischargeable through a bankruptcy. A bankruptcy filing should not affect your ability to obtain future student loans.
Answer: Yes. If you received a discharge in a previous bankruptcy, there are certain time restrictions before another bankruptcy can be filed.
Answer: Yes. A bankruptcy may appear on your credit report for 7-10 years. There are many companies that are willing to lend money and credit after a case has been filed.
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Review of this website does not in any way constitute legal representation. Contacting James Wiesneth or the Wiesneth Law staff does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
Congress requires that I say: I have been designated as a federal debt relief agency by an act of Congress. Among other services, I help people obtain relief from their debts through the Bankruptcy Code.
All statements regarding bankruptcy law and procedure refer to local practice in the Southern Districts of Indiana and the Central and Southern District of Illinois. Although bankruptcy law is federal in nature and governed by the United States Bankruptcy Code (Title 11 of the U.S. Code) and the Federal Rules of Bankruptcy Procedure, major portions of the law depends on local practice, which can differ by District and even Division, and state laws.
The best way to get answers to all your debt questions is "Face-To-Face". Fill out the form on this site or call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation. Contact our Evansville Office at 812-422-9400, Terre Haute Office at 812-234-4300, or our Vincennes Office at 812-255-5500.
© 2012 • Wiesneth Law Offices [VisualRush]
Terre Haute Office
400 Wabash Ave.
Suite B-40
Terre Haute, IN 47807
812-234-4300
Fax: 812-234-4303
Evansville Office
125 N. Weinbach Ave.
Suite 730 Evansville, IN 47711
812-422-9400
Fax: 812-234-4303
Vincennes Office
20 N. 4th Street
@ The Shoppes
Vincennes, In. 47591
812-255-5500
Fax: 812-234-4303
The best way to get answers to all your debt questions is "Face-To-Face". Call us today to set up a FREE and CONFIDENTIAL Initial Face-To-Face Debt Consultation.
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© 2012 • Wiesneth Law Offices [VisualRush]