Back to top

SHOULD I FILE BANKRUPTCY?

By Rod S. Kemsley on Wednesday, October 18, 2016

Each and every one of us suffers some loss and disappointment in life. Many of us struggle financially to survive in today’s economy of layoffs, divorce, expensive medical treatment, creditor lawsuits, etc. When we are on that dead end road, what are we to do? Should we give up and throw in the towel? There are many who do just that. They bury their head in the sand and pretend to not hear the phone ring or see the mountain of mail piling up from collection agencies and law firms. Is that what you want to do? Maybe. Is it what you should do? Definitely not.

Hiding from debt collectors may seem like relief, but you are only delaying the inevitable. In that delay, you are often making things worse. The longer you wait, the more likely it is that a creditor will sue you, receive a judgment against you, repossess some of your possessions or garnish your bank accounts. These actions will cause you even more heartache and despair. They will also cost you more to remedy the problem further down the road.

If you are currently in this situation of running in the negative each month due to mounting bills and monthly living expenses, take action NOW. Don’t wait. It will do you no good to hide and pretend that all is well. Bite the bullet and take care of the problem sooner rather than later. It is really not that bad and is far preferable to doing nothing all the while your debts are growing by hundreds of dollars each month in interest, penalties and such. So the question remains, how do I file bankruptcy? It seems so complicated and confusing.

To be honest, the world of bankruptcy can be rather confusing if you are new to it. There are hard to understand terms such as exemptions, monthly disposable income, discharge and trustees. What does it all mean? They are all very important issues that you need to understand or at least have someone on your side who does understand to make sure that you are protected. Exemptions are what you use to protect your assets (house, cars, bank accounts, household furniture, etc.). You must properly claim your exemptions that are available under either state or federal law. If not, you could lose some of your property. Monthly disposable income is used to determine which type of bankruptcy you might qualify for and how much, if anything, your unsecured creditors are paid. These and other terms are important to know so that you come through the bankruptcy intact – meaning that you still have what property you owned when you went into the case, if possible. It is not always possible to keep property if it is non-exempt. This is why it is important to hire an attorney who can explain these issues to you.

If you are on the fence about hiring an attorney, may I suggest that you at least consider meeting with me for a free, no obligation, consultation to discuss your issues and answer your questions. When we meet and review your case, I can tell you what you can protect and what you cannot. I can tell you which type of bankruptcy you should qualify for. I can help you navigate the world of bankruptcy with your head held high knowing that you took the positive steps necessary to clear these debts off your credit and have started on a new path to a clean, positive credit score. Don’t waste another day wondering if you should or should not do it. Find out today simply by scheduling an appointment and meeting with me for free. Please call me at 281-847-4345 or email me at RKEMSLEY@KEMSLEYLAW.COM to schedule a free consultation.

We respect and guarantee the confidentiality of your case and personal information

CONTACT US (Texas Only)