Friday, February 1, 2013
Check Out Indiana Bankruptcy Blog On HalcombSingler.com
One thing that is true of being a bankruptcy attorney in Indiana is the more people who know I am around, the more people I will be able to help with debt and bankruptcy problems. My search engine optimization people tell me that I should be blogging on www.halcombsingler.com, so that is what I am going to do. I am also going to make an effort to continue to post any new blogs that I post on this blog as well.....I guess because I have been blogging about bankruptcy on this blog for several years now and it would make me sad to just let it become inactive. Nonetheless, bookmark www.halcombsingler.com/blog.
Wednesday, January 9, 2013
Wait until you have received your tax refund before filing bankruptcy in 2013
Quite often I believe the new clients come to my office for an initial consultation expecting that I will file their petition that day within 15 minutes and that after they leave Halcomb Singler that they will no longer have any debt. Almost every client I meet with also tells me that they want their bankruptcy over RIGHT AWAY so that they can move on with their lives. I completely understand. Once a person seeks information regarding bankruptcy in Indiana and makes the decision that bankruptcy can be of assistance in solving their debt issues they want to put it behind them so that they can get the fresh financial start that they need.
I can say that I have never filed a person's bankruptcy petition the first day I met them. There is simply too much information that I need to determine whether bankruptcy will be helpful for them, whether they should file a Chapter 7 or Chapter 13 bankruptcy, and to get documents from them such as pay stubs, tax returns and billing statements. That does not mean that a bankruptcy petition cannot be filed quickly if necessary....but it does mean that I cannot just snap my fingers and make the debt go away.
However, sometimes it is not a great idea to file a bankruptcy right away. For example, anyone who files a Chapter 7 bankruptcy in Indiana today and is entitled to an income tax refund for 2012 is likely going to have that income tax refund intercepted by the bankruptcy trustee. That's right. The bankruptcy trustee has the power to take your tax refund before you ever get it to distribute it to your creditors. If that same person waited to file bankruptcy until after they had received their income tax refund (and likely spent the tax refund) then they would get the benefit of that refund instead of the trustee making a distribution to their creditors. It is important to note that, in most circumstances, the tax refund cannot be put into a savings account to start the funding of an emergency fund. The reason is that in Indiana a Chapter 7 debtor is only allowed to have $350 that is protected from creditors on the day that they file as an individual, or $700.00 if they are filing a joint bankruptcy.
So what if you expect a $3,000.00 refund?? If you can't save it and the trustee will take it if you file a Chapter 7 bankruptcy then what do you do? What I typically see with my Indianapolis area bankruptcy clients is that the debt that they need to discharge in bankruptcy has been creeping up on them over time. And, over time they have been attempting to pay off the debt. This means that there have been many things that they have not been buying in an attempt to pay off their debt. Often, this means that my client hasn't been buying clothing, hasn't been properly maintaining their home or vehicle, and hasn't replace anything in their household such as a new set of pans or a mattress, etc. The client may have been putting off some dental work that is causing them pain or perhaps even a medical procedure due to the strain on their finances. Getting the healthcare you need may be a great way to use an income tax refund that you aren't able to save, but also don't want to just "fritter away" on unnecessary stuff.
Every person and every bankruptcy case I handle is different. After meeting with each person or couple and getting a basic understanding of their finances I can recommend a plan moving forward. If you are thinking of filing bankruptcy in 2013 I offer a free initial consultation. If you decide to file bankruptcy our firm offers flat fees which can be paid over time on a payment arrangement. Just cal (317) 575-8222 or click here to set up your consultation.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
I can say that I have never filed a person's bankruptcy petition the first day I met them. There is simply too much information that I need to determine whether bankruptcy will be helpful for them, whether they should file a Chapter 7 or Chapter 13 bankruptcy, and to get documents from them such as pay stubs, tax returns and billing statements. That does not mean that a bankruptcy petition cannot be filed quickly if necessary....but it does mean that I cannot just snap my fingers and make the debt go away.
However, sometimes it is not a great idea to file a bankruptcy right away. For example, anyone who files a Chapter 7 bankruptcy in Indiana today and is entitled to an income tax refund for 2012 is likely going to have that income tax refund intercepted by the bankruptcy trustee. That's right. The bankruptcy trustee has the power to take your tax refund before you ever get it to distribute it to your creditors. If that same person waited to file bankruptcy until after they had received their income tax refund (and likely spent the tax refund) then they would get the benefit of that refund instead of the trustee making a distribution to their creditors. It is important to note that, in most circumstances, the tax refund cannot be put into a savings account to start the funding of an emergency fund. The reason is that in Indiana a Chapter 7 debtor is only allowed to have $350 that is protected from creditors on the day that they file as an individual, or $700.00 if they are filing a joint bankruptcy.
So what if you expect a $3,000.00 refund?? If you can't save it and the trustee will take it if you file a Chapter 7 bankruptcy then what do you do? What I typically see with my Indianapolis area bankruptcy clients is that the debt that they need to discharge in bankruptcy has been creeping up on them over time. And, over time they have been attempting to pay off the debt. This means that there have been many things that they have not been buying in an attempt to pay off their debt. Often, this means that my client hasn't been buying clothing, hasn't been properly maintaining their home or vehicle, and hasn't replace anything in their household such as a new set of pans or a mattress, etc. The client may have been putting off some dental work that is causing them pain or perhaps even a medical procedure due to the strain on their finances. Getting the healthcare you need may be a great way to use an income tax refund that you aren't able to save, but also don't want to just "fritter away" on unnecessary stuff.
Every person and every bankruptcy case I handle is different. After meeting with each person or couple and getting a basic understanding of their finances I can recommend a plan moving forward. If you are thinking of filing bankruptcy in 2013 I offer a free initial consultation. If you decide to file bankruptcy our firm offers flat fees which can be paid over time on a payment arrangement. Just cal (317) 575-8222 or click here to set up your consultation.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
Friday, January 4, 2013
How to Really Make A Bankruptcy Trustee Mad
Luckily, I have never had a client get what I would consider to be the 3rd degree from a bankruptcy trustee the Southern District of Indiana, Indianapolis division. However, every bankruptcy case requires one hearing that is in front of a bankruptcy trustee and lawyers see many hearings commence in which the debtor is represented by other counsel. What I am saying here is that I see a lot of bankruptcy hearings in Indianapolis.....and on occasion I have seen a trustee get really mad.
I am not writing about this to scare anyone. The vast majority of people have no problem at their hearing. Most of these hearings last less than 4 minutes in a Chapter 7 bankruptcy. You must remember that a Chapter 7 bankruptcy trustee sits at a table for half the day and asks very similar questions to each of the debtors. In reality, I imagine that the job can get somewhat boring for them. But every once in a while a debtor or something about a debtor's petition will set a trustee off.
In my experience there are a few things that really frustrate trustees and may cause them to get upset. First and foremost is when they know or have reason to believe that a person is not being truthful. I have seen a trustee get very angry when a debtor testified that she had no other real estate than her home and the trustee had found, prior to the hearing, that the debtor was on the deed of her mother's home as well. I have also seen a trustee get very upset when a debtor seemed to be trying to be "cute" in his answers. For example, answering every question with, "to the best of my knowledge" can get under a trustee's skin because, after all, the bankruptcy petition is based on your own personal fiances. If you aren't able to testify regarding these than who can?
Another way to get a trustee going is to drive a car to the bankruptcy hearing that has a loan on it and is not insured. I once saw a trustee demand that the debtor turn over the keys to his vehicle at the 341 hearing when she found out that the vehicle was not insured. I assure you that this is very rare, and I have never even heard of it happening on another occasion.
There are also a few little things that, when added together, seem to really annoy trustees. One is not speaking up. The hearings are tape recorded in Indiana, so if you aren't speaking loud enough the recorder will not pick you up. Another is not making audible answers. While we often nod our heads instead of saying, "yes," the trustee wants you to speak up because he or she needs to record your answers. Finally, seeming like you just don't have a clue is annoying to trustees. By the time your case is called your attorney has likely told you what questions the trustee would likely ask, answered any questions you may have about how you should answer and you have probably had the opportunity to see a few of the hearings that were set prior to yours. At that point I think trustees find it annoying when a debtor gets up for his or her hearing and give a "deer in the headlights" reaction when asked whether his or her address has changed since the filing of the bankruptcy petition.
What you can do to avoid making a Chapter 7 or Chapter 13 trustee mad during the hearing is simple. Number 1 rule is to tell the truth. The fact is that if you are telling the truth you really have nothing to worry about in bankruptcy. This is also why it is so important to tell your bankruptcy attorney everything about your assets and liabilities. If you decide not to tell a bankruptcy attorney that your name has been added to mom's home, that you have a condo in Florida, or are otherwise untruthful to your attorney then your attorney has no ability to advise you. It may be that the nugget of information you are holding back is not important at all. However, it also may result in a loved one having their home taken. If your lawyer had known that it may be that he or she would not have advised you to file bankruptcy in the first place.
If you are reading this posting just prior to your 341 hearing please try not to be overly nervous. I know bankruptcy debtors are nervous about these hearings and that is only natural. However, I have seen some people that are so nervous they look like they might have a heart attack. This is not warranted. The overwhelming majority of bankruptcy hearings for those represented by bankruptcy lawyers at the 341 hearings in Indianapolis go very smoothly. Just remember to give yourself plenty of time to get to the hearing and to answer the trustee's questions honestly and chances are that your 341 hearing will be painless.
If you are thinking it might be time to speak to a bankruptcy regarding your situation and you live in the Indianapolis area please feel free to contact me for a free consultation. I will review your situation with you personally, answer your questions about bankruptcy and tell you whether or not I believe bankruptcy may be helpful for you. I enjoy taking the financial stress off of my clients and love talking about bankruptcy....which I admit makes me a bit odd. I can be reached at (317) 575-8222 or click here and we will contact you about an appointment. Evening and weekend appointments can be arranged.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
I am not writing about this to scare anyone. The vast majority of people have no problem at their hearing. Most of these hearings last less than 4 minutes in a Chapter 7 bankruptcy. You must remember that a Chapter 7 bankruptcy trustee sits at a table for half the day and asks very similar questions to each of the debtors. In reality, I imagine that the job can get somewhat boring for them. But every once in a while a debtor or something about a debtor's petition will set a trustee off.
In my experience there are a few things that really frustrate trustees and may cause them to get upset. First and foremost is when they know or have reason to believe that a person is not being truthful. I have seen a trustee get very angry when a debtor testified that she had no other real estate than her home and the trustee had found, prior to the hearing, that the debtor was on the deed of her mother's home as well. I have also seen a trustee get very upset when a debtor seemed to be trying to be "cute" in his answers. For example, answering every question with, "to the best of my knowledge" can get under a trustee's skin because, after all, the bankruptcy petition is based on your own personal fiances. If you aren't able to testify regarding these than who can?
Another way to get a trustee going is to drive a car to the bankruptcy hearing that has a loan on it and is not insured. I once saw a trustee demand that the debtor turn over the keys to his vehicle at the 341 hearing when she found out that the vehicle was not insured. I assure you that this is very rare, and I have never even heard of it happening on another occasion.
There are also a few little things that, when added together, seem to really annoy trustees. One is not speaking up. The hearings are tape recorded in Indiana, so if you aren't speaking loud enough the recorder will not pick you up. Another is not making audible answers. While we often nod our heads instead of saying, "yes," the trustee wants you to speak up because he or she needs to record your answers. Finally, seeming like you just don't have a clue is annoying to trustees. By the time your case is called your attorney has likely told you what questions the trustee would likely ask, answered any questions you may have about how you should answer and you have probably had the opportunity to see a few of the hearings that were set prior to yours. At that point I think trustees find it annoying when a debtor gets up for his or her hearing and give a "deer in the headlights" reaction when asked whether his or her address has changed since the filing of the bankruptcy petition.
What you can do to avoid making a Chapter 7 or Chapter 13 trustee mad during the hearing is simple. Number 1 rule is to tell the truth. The fact is that if you are telling the truth you really have nothing to worry about in bankruptcy. This is also why it is so important to tell your bankruptcy attorney everything about your assets and liabilities. If you decide not to tell a bankruptcy attorney that your name has been added to mom's home, that you have a condo in Florida, or are otherwise untruthful to your attorney then your attorney has no ability to advise you. It may be that the nugget of information you are holding back is not important at all. However, it also may result in a loved one having their home taken. If your lawyer had known that it may be that he or she would not have advised you to file bankruptcy in the first place.
If you are reading this posting just prior to your 341 hearing please try not to be overly nervous. I know bankruptcy debtors are nervous about these hearings and that is only natural. However, I have seen some people that are so nervous they look like they might have a heart attack. This is not warranted. The overwhelming majority of bankruptcy hearings for those represented by bankruptcy lawyers at the 341 hearings in Indianapolis go very smoothly. Just remember to give yourself plenty of time to get to the hearing and to answer the trustee's questions honestly and chances are that your 341 hearing will be painless.
If you are thinking it might be time to speak to a bankruptcy regarding your situation and you live in the Indianapolis area please feel free to contact me for a free consultation. I will review your situation with you personally, answer your questions about bankruptcy and tell you whether or not I believe bankruptcy may be helpful for you. I enjoy taking the financial stress off of my clients and love talking about bankruptcy....which I admit makes me a bit odd. I can be reached at (317) 575-8222 or click here and we will contact you about an appointment. Evening and weekend appointments can be arranged.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
Wednesday, January 2, 2013
Embarrassed to File Bankruptcy? Your Lawyer Won't Judge.
Happy New Year! Unfortunately, some Hoosiers find themselves in a financial mess at the beginning of 2013 and are wondering whether bankruptcy could be an option that would solve the financial mess. In my experience, what holds many people back from contacting a bankruptcy lawyer is that they are embarrassed and that they are afraid of the costs associated with bankruptcy. In my opinion neither of these concerns should keep someone from at least speaking with a bankruptcy attorney...and I'll tell you why.
First lets address the embarrassment issue. I understand that it is very difficult to waive the debt "white flag" and to admit to yourself that you can no longer pay the credit card, medical bills and/or mortgage payment. However, please don't let that stop you from getting information. I think most bankruptcy attorneys are similar to myself in that we are not there to judge your debt...we are there to let you tell your story (which I think is very healing for people) and to see whether or not bankruptcy could help. I think most of the people who come to my office, Halcomb Singler, LLP, believe that they have the most debt of any person I have ever met and that I will not be able to believe their financial mess. The truth is that I while I certainly will need to know the approximate amount of debt that a person has in order to properly advise them about bankruptcy, that I talk to people about debt all day long. I have no idea of all of the bankruptcy petitions I have filed for clients which client had the most amount of debt. I imagine that me hearing about debt is similar to a doctor seeing a person naked....it just isn't that big of a deal.
I hope that people struggling with debt understand that I, and I assume just about every other bankruptcy attorney in Indiana and in this country, is there to try to help you and not to judge your debt. This does not mean that I won't give you suggestions regarding decreasing your living expenses or how you can come out of bankruptcy in a position to succeed financially, but what it does mean is that I am much more focused on solving the problem rather than issuing blame over how it was incurred.
Understandably, I think many people also hesitate to contact a bankruptcy lawyer because they don't have any money. As a result, they are worried that they won't be able to pay a bankruptcy lawyer. I, like most bankruptcy lawyers I know in Indiana, do not charge for an initial consultation for someone who is considering bankruptcy. Therefore, if a person is not a good fit for bankruptcy they can simply hear what I have to say and go home after I have explained bankruptcy and answered their questions about bankruptcy. If, after listening to a potential bankruptcy client's story, I believe they are a good candidate for bankruptcy I will explain the fees involved in filing bankruptcy and explain how most people who are going to file for bankruptcy pay for these fees. I also typically set a person who has decided they would like to file for bankruptcy up on a payment plan. The payment plan typically does not have any timeline, such as that it must be paid in 3 months, but that the client can pay at his or her own pace and once the fees are paid we will file the petition.
At this point I hope I have put any person at ease who was considering contacting a bankruptcy attorney, but feared embarrassment or fees. If you are considering bankruptcy and would like to set up an appointment to meet with me at my Carmel, Indiana office to discuss your situation call my office at (317) 575-8222 or click here and someone we will contact you for a convenient appointment time.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
First lets address the embarrassment issue. I understand that it is very difficult to waive the debt "white flag" and to admit to yourself that you can no longer pay the credit card, medical bills and/or mortgage payment. However, please don't let that stop you from getting information. I think most bankruptcy attorneys are similar to myself in that we are not there to judge your debt...we are there to let you tell your story (which I think is very healing for people) and to see whether or not bankruptcy could help. I think most of the people who come to my office, Halcomb Singler, LLP, believe that they have the most debt of any person I have ever met and that I will not be able to believe their financial mess. The truth is that I while I certainly will need to know the approximate amount of debt that a person has in order to properly advise them about bankruptcy, that I talk to people about debt all day long. I have no idea of all of the bankruptcy petitions I have filed for clients which client had the most amount of debt. I imagine that me hearing about debt is similar to a doctor seeing a person naked....it just isn't that big of a deal.
I hope that people struggling with debt understand that I, and I assume just about every other bankruptcy attorney in Indiana and in this country, is there to try to help you and not to judge your debt. This does not mean that I won't give you suggestions regarding decreasing your living expenses or how you can come out of bankruptcy in a position to succeed financially, but what it does mean is that I am much more focused on solving the problem rather than issuing blame over how it was incurred.
Understandably, I think many people also hesitate to contact a bankruptcy lawyer because they don't have any money. As a result, they are worried that they won't be able to pay a bankruptcy lawyer. I, like most bankruptcy lawyers I know in Indiana, do not charge for an initial consultation for someone who is considering bankruptcy. Therefore, if a person is not a good fit for bankruptcy they can simply hear what I have to say and go home after I have explained bankruptcy and answered their questions about bankruptcy. If, after listening to a potential bankruptcy client's story, I believe they are a good candidate for bankruptcy I will explain the fees involved in filing bankruptcy and explain how most people who are going to file for bankruptcy pay for these fees. I also typically set a person who has decided they would like to file for bankruptcy up on a payment plan. The payment plan typically does not have any timeline, such as that it must be paid in 3 months, but that the client can pay at his or her own pace and once the fees are paid we will file the petition.
At this point I hope I have put any person at ease who was considering contacting a bankruptcy attorney, but feared embarrassment or fees. If you are considering bankruptcy and would like to set up an appointment to meet with me at my Carmel, Indiana office to discuss your situation call my office at (317) 575-8222 or click here and someone we will contact you for a convenient appointment time.
Halcomb Singler, LLP, is a debt relief agency. It helps people file for bankruptcy under the bankruptcy code. No attorney-client relationship with the firm of Halcomb Singler, LLP, is created through this blog. Also, please note that Erika Singler is an attorney licensed in Indiana and does not seek to practice law in any jurisdiction in which they are not properly authorized to do so. The information contained in this blog is general in nature and should not be relied upon for the circumstances of any individual(s) or businesses.
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