We are proud to partner with the Dave Ramsey program and offer you the opportunity to complete your required Debtor Education course with Dave Ramsey. These classes are offered in our office, currently at three different times each week. The current class schedule is every Tuesday 11-1, Thursday 11-1 and Thursday 3-5. If you would like to schedule your class time, please call our office and reserve your seat. We have a limited number of seats in each class. If you arrive without having first called, we cannot guarantee you a seat. The cost of the class is $20, and must be paid prior to your taking the class.
If for some reason you cannot attend in person, please call our office and we will provide you instructions on how to complete the class online.
Remember that every person, in all chapter 7 and chapter 13 cases, must complete the Debtor Education class. You also have a limited period of time within which to complete your class. So, once you receive your case number, if you have not already scheduled your class time, be sure to call and reserve your seat.
It’s back to school time! What about those back to school expenses?!?!
As back to school time draws near, so does the looming debt that can come with it. Just think about it. There are pencils, paper, crayons, hand sanitizer, and all that other stuff the teacher puts on a list you have to buy. And then there are the clothes and shoes and backpacks, and the list just goes on and on. And all of that costs money.
It’s not shocking to hear that many people get into credit card or loan trouble around Christmas, but have you thought about people who rely upon credit cards and loans to help get their children ready for school every year? If you are one of those people, you may be wondering what to do now that you’ve used your credit cards and gotten loans to get all of those school supplies and clothes so your kids can go back to school and be prepared. Not only do you have these new bills to pay, but somehow the rent or house payment still has to get paid, plus the electricity, and then there’s food…….
If you are having trouble making your payments (or find yourself in trouble in the next few months when those bills start rolling in), you might need to talk to a bankruptcy lawyer to see what your options might be. Luckily, you already know a lawyer to talk to! Me! I would love to meet with you and talk about your situation, find out what your goals are, and tell you how the bankruptcy laws would apply to your situation. Just email me or call our office at 731-424-3315 and ask for me, Alissa, and we will set up a time for you to come in and have a conversation.
Want more info on bankruptcy? Look around my website at my bankruptcy articles. I’ve posted answers to the questions I get most often. Don’t see the answer you are looking for? Bring your question with you to your appointment and I’ll be sure to answer it!
Some things to remember while you are in a Chapter 13 case….
Here are a few tidbits of information that I think will come in handy for you while you are in your bankruptcy case:
(disclaimer: None of this is intended to be legal advice. Reading this by itself does not make me your lawyer (ie doesn’t create an attorney-client relationship). Contact your lawyer with questions. We help people file for bankruptcy relief under the Bankruptcy Code).
1. When you go to your meeting of creditors, be SURE to bring BOTH your photo ID and your proof of your social security number. If you do not bring BOTH, your meeting will not be held and you will have to come back in about 2 weeks to do it all over again. See my article here about what forms of ID and SS proof are ok.
2. Do not buy anything on credit while you are in your case without first getting the Court’s approval. Have something you think you need to buy on credit? Give your attorney a call to go over the situation and see what you need to do.
3. If you have a claim against someone, or a lawsuit against someone, be SURE to tell your bankruptcy attorney BEFORE you spend any money you get. You need to call your attorney’s office and tell them your situation so they can tell you what needs to be done. Also, if you think you have a claim against someone, go ahead and call your bankruptcy lawyer. They can tell you if you have a claim how the bankruptcy might be affected. Your bankruptcy lawyer might also be able to handle the claim for you, too, so you can keep everything together.
4. Be sure you’ve told your bankruptcy attorney everything, and that everything you’ve told is true. After all, you did sign a paper that says it’s all true under penalty of perjury. What does that mean? In a nutshell, if you lie, you might go to federal prison or face a big fine, or both. (See my article here about telling the truth.) The moment you realize something you’ve said isn’t right, you need to contact your attorney and get it fixed.
5. If you change where you live, where you get your mail, where you get your phone calls, where you get your emails, where you get your paycheck, or from whom you receive money, you need to let your attorney know.
6. Make sure that your employer is sending in the right amount of money each paycheck. It has happened where a payment change was sent to the employer, but the employer didn’t make the change for a month (or longer), and then the client got way behind in the bankruptcy payments and the Trustee wanted to dismiss the case. Don’t be that person! Stay on top of your paycheck, and make sure that when a new income deduction order comes out that your employer promptly makes that change, too! Problems? Call your attorney ASAP so your case doesn’t get messed up.
7. Stay on top of your case. See my article here about how to check your case status online. Do you see something on there that doesn’t look right? Did you get an order that didn’t make sense? Call your attorney and make sure that things are right! If you wait until the end of your 5 year case and then mention something, it’s much harder to get fixed than if you mention it as soon as you see it!
8. Don’t compare your case to anyone else’s cases. While you both may be in a Chapter 13 case, that’s where the similarities end. Everyone’s case is just as different as every snowflake. That’s why you hired a lawyer to make sure it was done correctly! And really, I find that most of those “other people” are not telling you the whole truth about their case anyway. So, don’t listen to them and make sure you understand why your case is the way it is. Call your attorney if you don’t so that you can understand. Knowledge is power, right?!
Be sure to click the follow button so you can have instant access to posts with useful information! For even more access, be sure follow me on Twitter @AttorneyAlissa.
Need a bankruptcy consultation? Give me a call! Contact me here.
Have you been injured? Do you now have financial problems as a result of that injury?
Have you been injured through no fault of your own? If so, you are probably facing many issues right now. From medical bills to paying your rent or house payment, and probably time off from work. Don’t fret!
Injured people face lots of problems. Luckily, you know an attorney that can try to help you with most of those problems! That would be me, Alissa Gay. Among other things, we can evaluate your situation and let you know if bankruptcy is an option for you. Sometimes it is, and sometimes it’s not. It depends totally on your situation. Also, you might be able to recover some of your losses (medical bills, time off from work, etc.) from the person at fault, or an insurance company.
So what do you do?
Give me a call for a confidential free consultation for both bankruptcy and personal injury, or one or the other. Whatever you need! I’ll probably need around an hour of your time for this. Check out my post on what to bring to your initial bankruptcy consultation here.
Don’t forget — you may have a limited time within which to bring a claim against someone for hurting you or your property.
I look forward to meeting you!
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Are you or someone you know having financial problems? Maybe bankruptcy is an option!
Are you having financial problems?
If so, you are certainly not alone. With unemployment rates as high as they are, and more employees being asked to do more work for less pay, the not so great economy is somehow affecting nearly everyone. Most people I see for bankruptcy consultations have tried everything else to get them out of their financial situation. They’ve sold everything they can, borrowed from everyone they can, put up all of their cars (and maybe even the tv’s) as collateral for loans, and even pulled money out of their retirement plans. Some have opened new credit cards to transfer balances, some have gotten loans to pay off the first loans they got that they now can’t pay, and some have put their medical bills on credit cards even (don’t ever do that by the way). The constant struggle to keep a roof over your head, food on your table, and the lights on is a struggle that many many families are facing these days.
So what can you do?
You’ve tried all that other stuff and nothing seems to be helping. It only makes it worse. What else is there? Well, you might be a good candidate for a bankruptcy case. I call the couch in my office “the couch of last resort” because it’s not the first thing people try, but is usually the last and best thing for them. I can’t tell you how many times I’ve been told “I wish I’d come to see you sooner!” I’m here to try to help people avoid the pain and agony of trying all that other stuff, it not work, you waste money, make your credit that much worse, and then realize there’s been a better option available all along.
So what now?
If anything I’ve already said sounds like you and your situation, it’s time for you and I to talk. Give me a call or send me an email and we’ll set up a time for you to come in and we’ll talk about what you’ve got going on, what you’ve tried, what your goals are, and what options are available to help you reach those goals. We’ll spend probably around an hour together talking. To help with that conversation, I’ll need you to bring some documents with you so that I can give you the best possible information. If you don’t bring all the pieces of the puzzle, it makes it harder to put the puzzle together.
Here’s what you will need to bring to our meeting:
1) All of your bills — and I mean ALL of them, not just some of them. If you know you owe someone and don’t have a bill, it’s not the end of the world. Just write down the name of the person you owe, their mailing address for letters (which is usually not the same as the address you send money to), your account number, and the balance you owe. If you’d like to get a copy of your credit report and bring that, too, that’s great. (See my article about getting a credit report here.)
2) The last two years of tax returns. This means the form 1040 (or 1040A, 1040EZ, or 1040 something). This is NOT the w-2 you get from your employer to do your taxes. If you don’t have this form, you can stop by the IRS office either before or after your meeting with me to get it. They print it out for free while you wait, and it usually doesn’t take very long.
3) Proof of your income for the last 6 months. If you work, this means ALL paystubs for the last 6 months. If you receive unemployment, SSI, SS Disability, workers comp, or anything else, you’ll need to bring either a copy of your bank statements or the letter that says how much you get. If you are self employed, you’ll need to bring some sort of proof of the money you’ve made in the last six months. However you keep up with it for taxes will probably work.
4) Photo ID and social security card. (See my article on acceptable forms of ID here)
5) A copy of the declarations page of your car insurance policy if you have a car. If you don’t have this, or don’t know what it is, just call your agent and have them fax it over to me. And if you don’t have this for your appointment, no big deal. We just need it within about a week of your case being filed. The rule generally is that if you have a car, and you have a loan of any kind (either the purchase of the car or a title loan) then you are required to have FULL coverage insurance. If you don’t have full coverage insurance, the court will put insurance on it, but the court’s insurance doesn’t protect you. So what does that mean? If you get pulled over, and you only have court insurance, then you still get a ticket. And if you hit someone in your car and they sue you, the court insurance doesn’t provide any of the protections that your own insurance would. Not to mention there’s the TN law that requires you to have at least liability insurance. So the moral of the story is you need to get your own insurance and don’t use the court’s insurance!
6) Write down any questions you know you have so we can go over those. I’m sure more will come up as we talk, and probably even some after you leave our meeting. Contact me anytime with your questions. I want to make sure you understand everything about your case so you can more easily reach your financial goals. Also look around this website. I’ve tried to address lots of questions in various postings, so you might find some answers to some of your questions here.
So how do you set up our meeting?
That’s easy! Just give me a call at 731-424-3315, or email me at alissagay@tennesseefirm.com.
Be sure to follow my website so you’ll get instant access to helpful information and updates when I post them. Also follow me on twitter @AttorneyAlissa.
I look forward to meeting you soon!
We are a debt relief agency. We help people file for Bankruptcy under the Bankruptcy Code.
How can I access my Chapter 13 Bankruptcy information online?
You can access your Chapter 13 Bankruptcy information online via the National Data Center at www.13datacenter.com. The first time you visit the website, you will have to have some of your case information and register for a username and password. From that point on, you will only require your username and password.
Before you head to the website, gather the following items together. You’ll need them all to register for a username and password.
1. Your case number (7 digits. ex: 25-10675) Hint: The first two digits are the same as the year in which your case was filed. Your case number will be on paperwork received from the court.
2. Your social security number
3. Your mailing address as listed on your Petition.
4. The name of the Chapter 13 Trustee. (If you are in the Western District of Tennessee, Eastern Division at Jackson, your Trustee is Tim Ivy).
5. A username you’d like to use.
6. A password for your account.
7. An email address where you check email.
If you have issues registering or accessing your information, you can call the debtor support line at 1-866-938-3639. Their hours are monday – friday 9:00 am – 5:00 pm Pacific. They are closed on major holidays.
What happens if I don’t tell the whole truth to the Bankruptcy Court?
Many people wonder why their bankruptcy attorney has to ask so many personal detail questions. The short answer is because the law requires that you disclose all of your assets (which means everything you own), all of your debts (everyone you owe), all of your income (whatever the source), and all of your expenses (what you spend your money on). And no, “I don’t know” is not an ok answer to any of these questions.
So what if you don’t tell the court everything? What’s the worst that can happen? A slap on the hand? Not so fast. You could face a hefty fine, or time in a federal prison, or both. That’s after the FBI investigates you and asks even MORE personal detail questions.
Still not convinced that they actually prosecute people for not telling the Bankruptcy Court the truth, the whole truth, and nothing but the truth? Take a look at this FBI press release to see what a doctor in Georgia did not tell the Court, and what he’s facing now. http://www.fbi.gov/atlanta/press-releases/2013/macon-doctor-indicted-for-bankruptcy-fraud
What forms of ID are acceptable?
The trustees will only accept certain forms of proof of your identity. You must provide both a photo ID and proof of your social security number. See the lists below for acceptable forms of identification. Ask your attorney if you have any questions.
Acceptable forms of photo ID include:
- Valid state drivers license
- Government issued identification with a photo
- State picture ID (ex. “ID only card”)
- U.S. Passport
- Military ID with photo
- Resident Alien card with photo
- Student ID with photo
Acceptable forms of social security number proof:
- Original social security card
- Social Security Administration report with full number
- W2 form
- Payroll stub with full number
- Medical insurance card with full number
- IRS form 1099
- Voters registration card with full number
How can I find out who I owe?
If you do not keep your bills as they arrive, you can get one credit report for free every 12 months. Go to www.annualcreditreport.com. There, you will need to enter some personal information and answer some questions to get your report. Remember, you can only get one free one every 12 months. Sometimes you will receive a message that says they cannot provide your report on the website, but you can get it by mail. Do not despair! Simply print out the form, fill it out, and mail it in with the required proof of identity, and your report will soon come in the mail. Just that simple. Not everything will be on your report, and each of the three reports may be a little different, but together you should get a good idea of everyone you owe.
Still have questions? Ask an attorney! Remember, only an attorney can give you legal advice!
What happens at my Meeting of Creditors?
As with everything else, what happens at your meeting of creditors, or 341 as we call it, depends greatly on where your case is filed. In the Western District of Tennessee, Eastern Division, you will find it to be a relatively calm process. The meetings are currently held in the Ed Jones Federal Building in Jackson, near the IRS office. You will have to go through security upon entering the building, so leave your mace and pocket knives in the car. Do, however, be sure to bring BOTH your photo ID and your social security card. If you fail to bring either of those, the trustee will NOT hold your meeting, and you will have to come back in four weeks (with your ID and social security card). There are no exceptions to this.
Once you enter the room where your meeting will be held, you will sit in a large room with our other clients until it is near your turn. You will be called, a few people at a time, to a slightly smaller room to again wait until it is your turn. This procedure allows you to watch other meetings before it is your turn, which will help alleviate some of your stress. In this smaller room is a desk at which you, your attorney, and your case trustee sit. The judge is not present, but it is considered a court proceeding, with the meeting recorded and you are testifying under oath. The Trustee will ask you a series of questions that you will answer, generally with a “yes” or “no” response. Remember that it is being recorded so you must speak up and speak clearly to be recorded. If you do not understand a question that the Trustee asks, you may ask the Trustee to repeat or clarify the question. The Trustee may also ask you to repeat or clarify your answer if they do not hear or understand your answer. The Trustees generally are not asking you trick questions, but will ask things like:
- Do you live at the same address as when you filed your case?
- Do you have any land in your name? If so, what is the current value, how much do you owe on it, and when did you buy it and how much did you pay for it?
- Do you have any automobiles (cars, trucks, etc.) in your name? If so, what are the values and amounts owed on them?
- If you have medical bills, are they due to accident or injury?
- Do you have any lawsuits that you are currently involved in or expect to be involved in?
- Do you owe a domestic support obligation (do you have to pay child support or alimony)? If so, what is the name and address of the person you pay? Are you up to date since your case was filed?
- How many children live with you that you have legal custody of?
After the trustee’s questions, the trustee will ask if any creditors have any questions. If any creditors have any questions, they can ask those questions. Generally, though, few creditors really appear and ask questions. Most of the time the creditor’s attorney has already contacted your attorney with whatever questions they may have. If they do ask questions, though, remember to speak clearly, and only answer the question you are asked. Neither the trustee nor the creditor’s attorney wants to know the back story behind your answer, they just want the answer.
While this may sound like a long process, once it is your turn, it generally is no more than two or three minutes. You really will spend most of your time waiting for your turn. I generally advise my clients to allow two hours for the meeting to ensure you have plenty of time to get back to work.
If you have any questions about what happened at your meeting, wait until your meeting is over to ask your attorney. Remember that the entire proceeding is being recorded, and you do not want any attorney-client privileged information being recorded.
Some final tips for preparing for your meeting of creditors:
- Do not forget your photo ID and your social security card
- Do not wear a hat
- Wear appropriate clothing, and bring a jacket if you tend to be cold.
- Turn your cell phone off or to vibrate.
- Do not answer your cell phone while at the meeting.
- Do not bring small children if you can find childcare.
- If you are sick, call your attorney the afternoon before your meeting to see if your meeting can be continued. Sometimes it can’t, and if you do not come, your case likely will be dismissed.
- If you receive the notice of your meeting date and know that you will be out of town for some reason, go ahead and call your attorneys office to discuss what options are available to you.
- Try to arrive ten to fifteen minutes prior to your start time to allow you enough time to get through security and get to the correct room.
- Don’t forget to complete your debtor education class. You can’t get a discharge without it!
Attorney Alissa Gay 