Is Bankruptcy Right for Me?

Do you have debt collectors calling you at all hours of night? Are your wages garnished? Do you have multiple credit cards maxed out? Do you have trouble sleeping at night thinking about your debt? If you answered ‘yes’ to any of these questions then bankruptcy might be right for you.

What is the difference between Chapter 7 and Chapter 13 Bankruptcy?

Generally speaking Chapter 13 is a structured repayment of your debt while Chapter 7 is a wipe out of debt without repayment. Although Chapter 7 is referred to as a “liquidation” bankruptcy, it is rare for someone to lose property when filing under this Chapter. In fact, most people can eliminate all of their debt in a Chapter 7 while keeping their home, vehicles, and other assets. A Chapter 13 is used when one’s income level is too high for Chapter 7, to assist a debtor in getting caught up on secured debt payments (home, rental property), or to enable a debtor to restructure their debt with no risk of losing any assets regardless of equity.

Can I eliminate all of my debts by discharging them in bankruptcy?

Domestic support, such as child or spousal support, past-due taxes and student loan obligations are not typically discharged through bankruptcy. For a more comprehensive evaluation of your financial situation contact us at 1-877-550-0003.

When is the best time to setup an Estate Plan for my family?

Although discussing an estate plan is something most people do not want to think about, and consider irrelevant when young, the proper protections are necessary in nearly all situations, and planning early can save you and your loved ones valuable time and money in the future. We recommend clients to setup a will as a starting point, even in your early 20’s. A will is the basic starting point and something that EVERYONE should have in place. For example, you may direct the distribution of your assets (your money and property), and give your choice of guardians for your children. It will ensure your wishes are carried out, and your family is protected, beyond your lifetime.


Can I keep my car and house?

The majority of clients can keep their home and all their vehicles in a Chapter 7 bankruptcy (even if paid off). Different states have different exemption amounts that are used to protect specific types of property. However, exemptions can at time be combined or multiplied depending on the circumstances. Additionally, the exemptions you must use may not always be for the state in which you file so it is best to speak to a licensed bankruptcy attorney about your situation so you know what can be protected. In Chapter 13 bankruptcy, you can keep your house and cars as long as you make the required payments on them.

Are student loans discharged?

Student loan debt is one of the few exceptions to vast coverage of the general bankruptcy discharge. Technically student loans can be discharged when the cause a severe financial hardship but that is not something that is as easy to show as one might think. To discharge a student loan, a debtor must file an adversary complain (a lawsuit within the bankruptcy) against the holder of the loan and go through a whole long, drawn out trial procedure to have a chance at a discharge. This is rarely done in practice due to the high cost involved and low success rate.

Do you accept payments?

Yes, we offer payment plans for as little as $100.00 per month, with no interest.

Do I have to go to court, and where is it located?

Everyone that files bankruptcy must attend a meeting of creditors. This is actually not “court” and typically takes place in a trustee’s meeting room (there is no judge or jury) in more of a town hall like atmosphere. Your specific meeting location is based on the zip code where you live at the time of filing and is generally located within close proximity to the Federal Bankruptcy Courthouse for your area. With Wajda Law Group, you will always have professional attorney representation at this meeting and we will walk you through the process step by step leading up to this date.

What is the difference between a trust and a will?

The most sought after difference between these two documents is how they affect the requirement of having to pass the estate through probate (a long and expensive court process). While a will directs where assets shall be delivered upon the creators death, it does so through the oversight of the Probate court. For those seeking to avoid the exorbitant fees and time involved with working through probate, a Trust is the document of choice. A trust is a contract that survives death meant to direct the distribution or handling of specific assets (those included in the trust) without the need for any court oversight. Therefore, having a proper trust in place can save your loved ones tens of thousands of dollars down the line.

Do I need a trust?

If you own your home or any real property (home or land) or have total assets over $100,000 we highly recommend that you get a proper trust in place immediately. A trust is vital to avoid probate and spare your heirs the headache and expense of the Probate court and Probate attorneys down the line. In addition, a properly drafted trust provides additional privacy, not found in a will, for the assets you own or pass on and gives you more control over how you assets are handled after your passing. For larger estates, trusts can also be used for tax planning purposes and to even protect important assets from future creditors.

What are your fax numbers?

When faxing information to any fax number, please make sure that you include the document type in the Subject Line:

Your Personal Attorney:
Michael Reid
Fax (619)810-0448

Nicholas Wajda
Fax (866)286-8433