Las Cruces Bankruptcy Lawyer

Work with Doña Ana County’s Best Bankruptcy Lawyer

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Our Las Cruces Bankruptcy Lawyers Will Help You Get a Fresh Financial Start.

 

Many Americans associate bankruptcy with a negative connotation, but in reality, it can be a great financial tool to help you achieve financial stability if you have overwhelming debt that won't go away. 

At the Law Offices of Kenneth G. Egan, we believe it's extremely important to work with a bankruptcy law firm that has the right credentials and reputation when it comes to your finances. Our bankruptcy lawyers have nearly three decades of experience successfully representing clients who need to file for bankruptcy.

Why Do People File Bankruptcy?

A bankruptcy filing can be triggered by a number of life events. Some of the most common life events that lead to bankruptcy are as follows: 

Employment Loss

In the year following a job loss, households were 2.5 times more likely to file for bankruptcy, according to a study by the Federal Reserve Board

Divorce

Researchers have found a link between divorce and bankruptcy, though experts disagree as to whether there is a cause-and-effect relationship.

Medical Bills

In a study published in 2007, Harvard Law professor Elizabeth Warren found that 29% of bankruptcies were caused by medical bills, and 57% of respondents had experienced problems with medical debt. 

Illness

More than 40% of respondents in the same study cited loss of income due to illness as a driver of financial instability leading to bankruptcy.

Resource: Bankruptcy One-Pager

Bankruptcy is complicated, but you don’t have to face it alone. We are proud to be your go-to lawyer for bankruptcy law. Download our one-pager for everything you need to know about your next steps in handling bankruptcy.

Taking Control of Your Debt Through Bankruptcy

At The Law Offices of Kenneth G. Egan, our legal team can help you if you are experiencing financial distress. We can help you determine if bankruptcy is the right solution or if there is another option to help you. If you need help filing, our bankruptcy lawyers can walk you through the process. 

Chapter 13 Bankruptcy

When you file for Chapter 13, your attorney will work with your creditors and the local bankruptcy trustee to come up with an affordable payment plan. If you keep enough to cover your living expenses and make payments on secured debts like your mortgage and auto loan, you will be able to eliminate your debt. After three to five years, your remaining debts will be discharged, or forgiven.  

Chapter 7 Bankruptcy

The second choice for consumers is Chapter 7 bankruptcy, also known as “liquidation” bankruptcy. Only consumers who truly need Chapter 7 protection qualify for it; those with the ability to maintain a Chapter 13 plan must file under Chapter 13. If you file under Chapter 7, you surrender your non-exempt assets to the trustee, who will sell them and pay your unsecured creditors with the proceeds. In the event that you are able to sell all of your non-exempt property, the remaining debt will be discharged.

 

Whether you file for bankruptcy for personal or business reasons, you will be given a chance to start over. No more collection calls and no more threats of wage garnishment. The bankruptcy discharge can give you a fresh start financially.

Bankruptcy vs. Debt Settlement

What are the differences between bankruptcy and debt settlement? Most of the time, filing a bankruptcy is more effective than debt settlement. In debt settlement, your debt is negotiated over a long period of time, usually 3-5 years, with no guarantee of success. Your credit continues to suffer during this time. Your debt settlement does not protect you from judgments, lawsuits, garnishments, or levies. In the event that a settlement is reached, you will pay a considerable fee merely to have a portion of your debt reduced.

In contrast, filing bankruptcy eliminates your debt permanently and you can begin rebuilding your credit immediately. You can even buy a new home in as little as two years following the discharge.

What to Expect During the Bankruptcy Process

Throughout the bankruptcy process, from the first free consultation to the discharge, our bankruptcy attorneys make sure that our clients are as well informed as possible.

Initial Free Consultation

Our Las Cruces law firm offers a free consultation so you can determine which bankruptcy option is best for you. In short, we talk to our clients and gather the necessary information and documents to determine if a bankruptcy case is necessary and which chapter is best suited for you.

Bankruptcy Hearing

Upon filing the case and receiving a case number, we inform you of the date of the meeting of creditors, at which the Chapter 7 or Chapter 13 bankruptcy trustee will conduct an examination. In addition to preparing you for the hearing, we provide you with representation at it.

During the meeting of creditors hearing, also known as a 341(a) hearing, the primary purpose of the hearing is an examination of the bankruptcy case paperwork. As part of the hearing, the trustee reviews the filing client's bankruptcy case paperwork and other documents and asks several questions under oath. If you need a translator, translation services are available.

Typically, a hearing lasts an hour to an hour and a half. Most of the time, clients are just waiting for their turn. Once they are called for their examination, it usually takes no more than three to five minutes.

Bankruptcy Discharge

After the meeting of creditors, in a Chapter 7, the trustee files the no asset report if there are no assets to distribute to creditors. You will receive a discharge and the case will be closed after approximately 3 to 4 months.

Often, bankruptcy filers will need to take debt management counseling before receiving a discharge. We will provide instructions for this class if necessary.

Life After Bankruptcy Discharge

In most cases, once you receive the discharge in the mail, you can return to normal life with a fresh financial start. We make sure you understand what the discharge means and answer any questions you may have.

Contact Our Bankruptcy Lawyers in New Mexico

If you are facing financial hardship and considering bankruptcy, don't hesitate to seek professional guidance from our skilled Las Cruces bankruptcy lawyers at the Law Offices of Kenneth G. Egan. We understand the complexities of bankruptcy laws and can provide you with the expert advice you need to make informed decisions about your financial future.

Take the first step toward a fresh start by scheduling a free case evaluation with our experienced team today. We will custom-tailor our approach to meet your specific financial situation and work diligently to find the best possible solution for you. Whether you are considering Chapter 7 or Chapter 13 bankruptcy, our accomplished Las Cruces bankruptcy lawyers will provide the aggressive and assured legal support to help you navigate the process successfully. Contact us at (575) 523-2222 to get started on your path to financial recovery.

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