Chapter 7 Bankruptcy

Are your debts and unpaid bills mounting up? Do your medical and credit card balances keep growing every month? If so, it might be time to consider getting help through Chapter 7 bankruptcy.

The Law Offices of Philip F. Counce helps people obtain debt relief. We help our clients eliminate existing debts, so that they can rebuild their finances without fear and constant worry.

The Chapter 7 Bankruptcy Process

After meeting with you in person and a review of certain documents, our firm can file a Chapter 7 bankruptcy for you, if that is right for you.

We can get the process started quickly by filing electronically. In most cases, you are protected by the automatic stay the moment you file, and the threat of lawsuits, wage garnishments, and utility shutoffs stops immediately. Creditors can no longer call you at home or at work and you can refer all creditors to us. The Law Offices of Philip F. Counce will do all the work necessary to get you started on the road to debt freedom. For one competitive fee, we can help you file for bankruptcy and you could be on your way to a better financial future.

Is Chapter 7 Right For You?

Filing Chapter 7 bankruptcy is usually a good option for people who have unmanageable levels of debt and no significant assets. It can be used to eliminate credit card debt, medical bills and many other debts entirely. In Tennessee, Chapter 7 filers get an opportunity to move forward again without the crushing burden of their debts.

Don't believe the bankruptcy myths that you may have heard. The truth about bankruptcy is you can usually keep your home, your car or truck, and your personal property. After a while, you can begin to rebuild your credit rating. With the help of The Law Offices of Philip F. Counce, you may be able to eliminate most debts and get your finances back on track.

Chapter 13 bankruptcy is also available if you are in jeopardy of losing your home, car or other property and sometimes can be the better option. Attorney Philip Counce can review your situation and recommend the right course of action for you.

Don't take on your creditors alone!

Call or email the Counce Law Firm at 901-201-6012.
Free confidential consultation with a lawyer, not a paralegal.

3333 Poplar Ave. - just West of Poplar & Highland - Free Parking

Obtain A Fresh Financial Start

One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." Although an individual Chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property. Visit the other parts of this website that discuss the options for specific debts, like mortgages, car and truck loans, IRS taxes, student loan debts, and outstanding medical bills.

The Chapter 7 Discharge

A discharge releases you from personal liability for most debts and prevents the creditors from taking any collection actions against you. It may even be possible to discharge student loans, and taxes. Past due child support and alimony can better be dealt with in Chapter 13.

A debtor who has received a discharge may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor's reputation is important, such as a family doctor.

A discharge may be denied in very limited situations such as failing to produce records, unsatisfactory explanation of loss of assets, perjury, concealing property of the estate, or failure to complete a financial management course through an approved agency. These are extremely rare and we will guide you through the process so you do not lose your right to a discharge.

What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.

Keeping Secured Property - Reaffirmation Agreements, Redemption and Lien Avoidance

Secured creditors retain their lien on your property (such as a home or car). You may want to "reaffirm" these debts so you can keep this property. A reaffirmation is an agreement between you and the creditor where you agree to pay a negotiated amount and the creditor agrees that it will not repossess or take back the property so long as the agreed amount is paid. Such agreements must be in writing, entered into before the discharge, filed with the court, and meet other requirements to protect you. We will negotiate on your behalf to obtain the best agreement possible.

Redemption is another option to allow you to keep secured property such as your car or truck. You pay an amount equal to the value of the property (even if is less than the balance owed) and the creditor must release the lien. We will advise you if this option is available for each creditor, and we can frequently help you find financing to pay the redemption amount. Redemption is worth considering when your car or truck is worth a lot less than the balance owed.

The Bankruptcy Code allows you to keep certain property, such as household goods, pledged as security by "avoiding" a lien that was not used to purchase the property and that impairs an exemption. We aggressively pursue these motions to give you the most debt relief while keeping your property.

Contact Chapter 7 Bankruptcy Lawyers Near Me for a Free Lawyer Consultation

Do you have questions about how much bankruptcy costs? Call now to learn about what options are available to you in your particular financial situation. Contact our law firm today online or call 901-201-6012 to schedule a CONFIDENTIAL FREE LAWYER CONSULTATION.

Unlike many firms you will always discuss your financial situation with an attorney, not a paralegal or assistant.

We are a Title 11 Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code. This ad does not create an attorney-client relationship until a written agreement is signed.