It is necessary for you to choose a bankruptcy attorney with whom you will be comfortable. Todd Boudreaux has previously served as staff attorney for the Honorable John S. Dalis, United States Bankruptcy Court Judge for the Southern District of Georgia, Augusta Division. He has been in practice for almost twenty years and has been certified as a consumer bankruptcy law specialist by the American Board of Certification. He is also a member of the American Bankruptcy Institute and has handled thousands of individual and business bankruptcy cases. A list of attorney's certified as specialists in bankruptcy can be found at www.abcworld.org . In addition to finding an attorney who is qualified to handle your specific case, it is also important to find a law firm that provides you individual attention from its attorneys, rather than staff members. At Shepard, Plunkett & Hamilton, LLP, you will meet with an attorney, not a secretary, to review the facts and circumstances of your specific case. Although we have many staff people who will contact you for information and will be working on your case, everything prepared for your case is reviewed under the supervision of our attorneys who are responsible for handling your legal needs.
No. It is not required that both a husband and wife file bankruptcy if one of them files bankruptcy. In some cases, it is necessary and advisable for both spouses to file because both the husband and the wife are liable for the debts. However, just because one spouse files bankruptcy the other spouse does not always have to file bankruptcy. Additionally, even if one spouse files bankruptcy, that bankruptcy filing will not effect the credit rating of the other spouse unless the non-filing spouse has debts jointly with the filing spouse and does not make payments on those debts.
No. Bankruptcy court filing information is considered public information. However, the notices of filings are not generally published in the newspaper. The only entities that receive regular notices of a bankruptcy filing are those listed as creditors or other interested parties in the bankruptcy schedules.
Additionally, attending a credit counseling session and obtaining a certificate is required for any individual who wishes to file bankruptcy. However, the benefits provided by a credit counseling agency are limited compared to the relief that can be obtained in bankruptcy. Any individual considering credit counseling should also schedule an appointment for a free bankruptcy consultation to be fully informed of the limitations and benefits of each option. Credit counselor and debt-management plans are geared to steer people away from bankruptcy. However, according to the National Foundation for Credit Counseling, of the 3.2 million people who utilized certified credit counseling agencies, approximately one-third (1/3) received absolutely no assistance because they either had too little income, too little debt, or the wrong types of debt (medical bills instead of credit cards) and therefore could receive no assistance from credit counseling. Additionally, of the one-third (1/3) of individuals who were able to enroll in a debt-management program, the dropout rate averaged at least forty-five percent (45%). At best, fewer than twenty percent (20%) of people who contact credit counseling agencies are considered a success story.
The majority of these debt consolidation companies do not accurately or openly disclose the actual costs and fees paid to the consolidation company, and do not disclose that any settlement must be approved by the credit card companies, and will not be made until all of the fees for the debt consolidation company are paid. In many cases, individuals are sued by the credit card companies before the debt consolidation companies have even collected the full amount of their retainer. Before engaging the service of a debt consolidation company, please contact us for a free consultation to compare the costs and benefits of a bankruptcy filing prior to signing a contract with a debt consolidation company.