Best Bankruptcy Lawyers in Columbus, OH

Many debtors do not realize they have rights when dealing with creditor harassment. The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits many types of unacceptable conduct. Many states also have their own laws that reinforce and expand these protections. Debt collectors cannot call you at inconvenient hours, use abusive or threatening language, attempt to embarrass you, or lie to you. They also cannot continue to contact you if you ask them to stop. Before you do anything else, you should always ask a debt collector to prove they own and have the right to collect a debt. If a creditor violates your rights, you can file a complaint, take legal action against them, and potentially obtain compensation. However, this will not eliminate the debt if they have a right to collect it, and a creditor may be compelled to file a collection lawsuit if you exercise your rights. If a creditor obtains a judgment against you, they may be able to file liens against your property, seize your assets, or garnish your wages. Filing for bankruptcy will put a complete stop to all creditor communications thanks to the automatic stay. Filing also prevents creditors from pursuing collection lawsuits or taking other collection actions against you. Once your bankruptcy case is over, creditors will no longer be allowed to contact you about any unsecured debts that were discharged.

Not necessarily. Most lenders do not want to foreclose your home if they can help it, and many will work with you to find an alternate solution. You may be eligible for a home mortgage modification, which can help you reduce your monthly payments by extending your loan term, lowering your interest rate, or switching you from an adjustable-rate loan to a fixed-rate loan. Our lawyer can help you negotiate with your lender.

In many cases, yes. If you are behind on your mortgage payments or have received notice that your lender intends to foreclose, you should speak to our bankruptcy attorney right away. If you file for bankruptcy before your home is sold, you can stop the foreclosure process and take steps to bring your mortgage current. Filing for Chapter 13 bankruptcy is generally the most advantageous option if you are looking to protect your home. Upon filing, the automatic stay will prevent your lender from initiating or continuing the foreclosure process. Mortgage debt is prioritized over unsecured debt, meaning your plan payments will go toward your missed mortgage payments before your credit card or medical debt. You must bring your mortgage current over the three-to-five-year plan.

The answer is complicated, but, in short, it depends. In a Chapter 7 bankruptcy, you do not have to make any additional payments on your unsecured debts. Instead, your non-exempt property will be liquidated to partially pay back these debts. You will not be responsible for any remaining unsecured debt, but you will be responsible for secured debts once your bankruptcy case is over. In a Chapter 13 bankruptcy, you do have to directly pay back at least some of your debt. You will need to make monthly payments for three to five years. The amount of this payment is linked to your current level of disposable income. You will not be required to pay more than you can afford.

It depends on whether you file for Chapter 7 or Chapter 13. Chapter 7 bankruptcy is known for its relative efficiency, as many filers complete the process within several months. The Chapter 13 bankruptcy process is considerably longer: You will commit to a repayment plan that lasts between three to five years.