What To Do When You Get A Claim Form From Court

The Law Offices of Chang and Carlin guide individuals and families through their financial struggles, helping them make a fresh start through Chapter 7 and Chapter 13 Bankruptcy.

There are times in life when we feel absolutely clueless about the right step to take. When it comes to making important decisions, having an expert’s opinion is very important. Chang and Carlin, LLP’s Chapter 13 bankruptcy lawyers in Chicago have used their expertise to help many families to take the right decision and come out of murky situations. One such situation is, ‘getting a claim form from court’. Read on to find out what one should do in such a situation.

What is a claim form?

When a creditor starts court action, you'll get a number of documents from the court. These are a claim form and a response pack. The claim form gives details of how much your creditor is claiming you owe them. The response pack contains a number of forms. Some of the forms are for you to say whether you accept you owe the money. If you don't agree you owe the money, there's also a form you need to send back to confirm you got the documents.

What to do when you receive a claim form?
According to bankruptcy lawyers in Chicago, once you receive a claim form, you should read the notes which come with the claim form carefully and deal with the documents by the deadline given. If you don't deal with these documents, a court order can be made against you. If this happens, you'll have to pay back all the money your creditor is claiming, even if you don't owe it. You may also have to pay interest and extra costs on top of this.

An Important thing to remember:
If the court's official stamp isn't on the claim form, the person you owe money to might be trying to get you to pay them back by pretending to send you court papers. This could count as harassment by your creditor and might be against the law.

These were some things that everyone should know about claim forms. For information on any topic pertaining to bankruptcy, such as Chapter 7 or Chapter 13 bankruptcy in Chicago, call Chang and Carlin, LLP at 1-866-790-8601 or  Request a Free No Obligation Bankruptcy Filing Consultation Today.

Disclaimer: The content provided by Chang and Carlin, LLP is not legal advice and is purely for informational purposes. The information contained herein is not a substitute for the advice of an attorney and does not create an attorney-client relationship. If you are interested in obtaining information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Foreclosure services, or Real Estate legal services, call our law firm at 1-866-790-8601 for a Free Legal Evaluation. Chang and Carlin, LLP serves clients in Chicago, Schaumburg, Joliet, and Warrenville.

Top Reasons To File For Chapter 13 Bankruptcy

The Law Offices of Chang and Carlin guide individuals and families through their financial struggles, helping them make a fresh start through Chapter 7 and Chapter 13 Bankruptcy.

People who face extreme financial difficulties have the option of filing for bankruptcy in order to get respite from their financial burdens. However, it is important to make careful assessment of each aspect before one decides to proceed with a bankruptcy case. Each situation is different and so is each chapter of bankruptcy. Therefore, this article will look at the top reasons why Chapter 13 Bankruptcy in Chicago is a popular and effective option.

1.     In case of Missed payments on mortgage or car. If you have missed payment on home mortgage or car loan and you don’t want your home to be foreclosed or your car to be repossessed then you should file for Chapter 13 Bankruptcy. In a Chapter 13 Bankruptcy you will be able to spread out those payments over 36-60 months, and your creditors cannot foreclose on your home, repossess your vehicle.

2.     In case of second or third mortgage. If you have a second or third mortgage on a house that is currently valued at less than the first mortgage, then you should definitely go for Chapter 13 Bankruptcy filing. The bankruptcy judge has the power to completely discharge any additional mortgages.

3.     For loan modification. Banks can take months, even over a year, to decide if they want to give you a loan modification. But, if you can have your Chapter 13 plan confirmed while you await the bank’s decision, as long as you are being making payments equal to 31% of your gross income, which is usually much less than the amount homeowners are currently paying. 

4.     When monthly debts make it hard to pay mortgage or car loans. According to Chapter 13 bankruptcy lawyers in Chicago, in a Chapter 13 Bankruptcy, you will most likely be able to wipe out most of your unsecured debts, like credit cards, so you can put your earnings toward what is most important: your home or car.

Reasonable Fees for Bankruptcy and Foreclosure Help for Illinois Residents + an Initial Free Consultation

If any of the above cases apply to you then, you should definitely consider filing for Chapter 13 Bankruptcy with the help of experienced Bankruptcy lawyers in Chicago. The experienced bankruptcy attorneys at the law offices of Chang and Carlin will also help you decide your best options during the bankruptcy process.

Our goal at Chang and Carlin, LLP is to change your financial future. To book your appointment or get more information about Chapter 13 and Chapter 7 Bankruptcy in Chicago, contact us at 1-866-790-8601 or Request a Free No Obligation Bankruptcy Filing Consultation Today.

Disclaimer: The content provided by Chang and Carlin, LLP is not legal advice and is purely for informational purposes. The information contained herein is not a substitute for the advice of an attorney and does not create an attorney-client relationship. If you are interested in obtaining information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Foreclosure services, or Real Estate legal services, call our law firm at 1-866-790-8601 for a Free Legal Evaluation. Chang and Carlin, LLP serves clients in Chicago, Schaumburg, Joliet, and Warrenville.

Creditor Harassment-Ways To Deal With It

If you’re already under pressure from your poor financial standing, the last thing you need is the stress of creditor harassment. Creditors use a variety of tactics to pressure debtors into paying their debts. Some people are able to handle it, but, for their sanity, most people need the calls to stop and are clueless about how to deal with the situation. The stress involved can lead to poor emotional and physical health. 

Chang and Carlin, LLP is a bankruptcy law firm in Chicago that helps people deal with their financial situation and works with them make a fresh start in life. According to the attorneys at Chang and Carlin, there are ways by which you can keep the creditors at bay.  Read on to find out!

Fair Debt Collection Practices Act to the rescue!

This act prohibits various types of creditor harassment like calling after certain times, use of profanity, threats of bodily injury, pretending to be from the government, threatening jail as a punishment for not paying the debt–among others.

You need to have enough evidence

Keep anything they send you in writing, and keep those voice mail records debt collectors leave. This especially applies if you’ve already filed for bankruptcy. The creditor’s calls or letters could be a violation of the automatic stay or discharge injunction.

Hire an experienced Lawyer

If your letter fails to end the harassment, a letter from a lawyer usually will. Additionally, once you have hired a lawyer, the collection agency or creditor's attorney must only communicate through your lawyer. The experienced lawyers at Chang and Carlin, LLP can also help you raise legal claims under the FDCPA. 

File for bankruptcy

The final solution is to file for bankruptcy. Once you file the initial papers for bankruptcy, you are automatically protected from collection activity. The collector must first obtain permission from the bankruptcy court before it can continue its collection efforts. An expert bankruptcy lawyer in Chicago can help you through the entire bankruptcy process and give you relief from harassing creditors.

Want Creditors off Your Back? Request a Free No Obligation Bankruptcy Consultation

The experienced bankruptcy lawyers in Chicago can help you determine if bankruptcy is the right option for you, and will work with you to get your finances under control. For more information on Bankruptcy law or to schedule a FREE initial bankruptcy consultation, contact Chang and Carlin, LLP today!

Disclaimer: The content provided by Chang and Carlin, LLP is not legal advice and is purely for informational purposes. The information contained herein is not a substitute for the advice of an attorney and does not create an attorney-client relationship. If you are interested in obtaining information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Foreclosure services, or Real Estate legal services, call our law firm at 1-866-790-8601 for a Free Legal Evaluation. Chang and Carlin, LLP serves clients in Chicago, Schaumburg. Joliet, and Warrenville.

Undue Hardship Exception-Repaying Student Loans

Many students with student  loan debts in Schaumburg, Chicago, Joliet and Warrenville area want to know how if it is possible to discharge student debts. Then asked this question, the experienced Schaumburg Bankruptcy attorneys at Chang and Carlin tell students that laws appear to be softening, which may enable them to discharge their student loan debts and lead a tension free life.

In the past, student debts were unforgivable regardless of the student’s financial situation. If you had student loans, they’d be with you until you paid them off. But now, it may be possible to get rid of your student loans in bankruptcy if can prove that repaying your student loans would cause an ‘undue hardship’ to you.

According to the experienced Chicago Bankruptcy lawyers at the law offices of Chang and Carlin, there are some ways to prove that:

The Brunner’s test

Some courts require you to take ‘the Brunner’s test’ for determining whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship. One needs to prove the following things:

Poverty: That the debtor cannot maintain, based on current income and expenses, a minimal standard of living for the debtor and dependents if forced to pay off student loans.

Persistence: The additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans.

Good Faith: That the debtor has made good faith efforts to repay the loans.

Totality of circumstances test

Some courts may ask you to take-‘Totality of Circumstances Test’. Here, the court will look at all relevant factors in your case to determine if it is an undue hardship for you to repay your student loans.

How to prove undue hardship

If you want to try to discharge your student loans in bankruptcy, you must file a formal complaint with the bankruptcy court, called a Complaint to Determine Dischargeability. It is then up to you to prove to the court that payment of your loans will cause an undue hardship on you.

This student loan debt outlet is by no means fully established, as it has only prevailed in a few instances. However, if your student debt is crushing you and you meet the above criteria, it could be worth looking into with a Chicago Bankruptcy attorney. 

Free Debt and Bankruptcy Consultation

Our experienced bankruptcy lawyers in Chicago can help you determine if you can discharge your student debt and will work with you to get your finances under control. For more information on Bankruptcy law or to schedule a FREE initial bankruptcy consultation, contact Chang and Carlin, LLP today!

Disclaimer: The content provided by Chang and Carlin, LLP is not legal advice and is purely for informational purposes. The information contained herein is not a substitute for the advice of an attorney and does not create an attorney-client relationship. If you are interested in obtaining information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Foreclosure services, or Real Estate legal services, call our law firm at 1-866-790-8601 for a Free Legal Evaluation. Chang and Carlin, LLP serves clients in Chicago, Schaumburg, Joliet, and Warrenville.