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What is the Real Price Difference Between Bankruptcy Lawyers?

This is Chapter 10 of Attorney Peter Francis Geraci’s book. Read below and check out more information @ https://www.bankruptcybookbypeterfrancisgeraci.com/

I have found that there is very little difference in attorney’s fees. You can’t save more than a couple hundred dollars between lawyers’ fees for the same type of case. Some people like cheap doctors, and some people like cheap food. Some people pick attorneys by a $100 difference in price, not realizing that one deal your attorney makes can save or cost you thousands.

So, the cheapest lawyer in town is not necessarily the best. In other words, go for experience, not price, because there is not much difference in fees for consumer bankruptcies, but there is a big difference in the quality of the advice and service.

For instance, let’s say that 5 years later, a bill collector calls and says you left him off your petition, and he wants to be paid. Will you be able to call your attorney who did the Chapter 7, for advice, or will the telephone be disconnected? If it is Geraci Law, yes you can. 7 am to 7 pm and Saturdays until 1 PM. All your records are electronic. No voice mail either.

Usually, Chapter 7 fees can be paid in installments of as low as $100 a month. Chapter 13 Plans including attorney fees are as low as $95 biweekly. If you can’t afford $100 or $200 a month, you may have to ask friends or family to help you out.

In my opinion, anyone “shopping for fees” for a bankruptcy attorney, is not thinking clearly. If you can clear $10,000 in debt, tax free for $1500, it is a bargain. 10 payments of $150 or even $200 is a bargain.

Chapter 13 cases are even more of a bargain. In almost every state, the attorney fee is exactly the same. Most Chapter 13 cases get filed “no money down”, because it’s a repayment plan. Your attorney gets paid from your Chapter 13 payment, which takes care of attorney fees and all debt. Your Chapter 13 payment could be as low as $95 bi-weekly, or more depending on what debt you are paying back.

Geraci Law represents people on Social Security with low income, and people making over $100,000 a year. Anyone quoting the same fee for any case, on the phone, may be engaging in “bait and switch” tactics. But, if you are really were just looking for the cheapest lawyer in town, sadly for you, there are some poor lawyers at the bottom of their career that will work for free. You kind of get what you pay for.

Geraci Law is the largest filer of bankruptcies in Illinois Indiana and Wisconsin, and you will generally find that the largest law firms probably have the happiest clients, and about the same fees, when you get done, as the all-by-myself attorneys.

Lawyers that claim to be “cheap” can often end up costing you more! Beware of “cheap fee quotes on the phone”

In most Chapter 13 cases, you are saving a lot of money on interest, so the cost is less than paying the creditors at their contract rate of interest. However, Chapter 7 cases are usually cheaper than Chapter 13 cases in terms of total cost. Many “cheap” lawyers don’t know the difference between Chapter 7 and Chapter 13, so if you go there, you won’t know either.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com. Bankruptcy laws are in place to help you. Who knows bankruptcy like Geraci Law? Geraci Law has 35,000 5-star reviews since November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Some Reflections on the Law of Bankruptcy

Letter from 1775 proves bankruptcy is as AMERICAN AS APPLE PIE!

Check out the article written by Attorney Peter Francis Geraci titled, “Some Reflections on the Law Of Bankruptcy.” Read the article below or this article and more at https://www.infotapes.com/Articles.

A year before the Declaration of Independence, the ability to file a bankruptcy case and get a fresh start was prized in America. This letter published in Connecticut, which enacted a bankruptcy law before the American Revolution, written in 1775, proves that. https://quod.lib.umich.edu/e/evans/N05906.0001.001/1:2?rgn=div1;view=fulltext

Among the pearls of wisdom in the letter, which hold true today, there is a common theme: “such a law would be beneficial to the publick, and analogous to reason and our holy religion” In other words, the bankruptcy laws of the United States, allowed by the U.S. Constitution Article I Section 8 that Congress has enacted, are BENEFICIAL, REASONABLE, AND SIMILAR TO HOLY RELIGION!

The letter starts out:

I shall consider this Act in the

FIRST PLACE, As beneficial to the Publick,
SECONDLY, Serviceable in general to the Debtor.
THIRDLY, In general, no Disservice to the Creditor.
FOURTHLY, Agreeable to Reason, and the Genius of our holy Religion.

Other colonies, such as Virginia, were also enacting their own bankruptcy laws. When the U.S. Constitution was enacted in 1787, the power to make a nationwide bankruptcy law was given to Congress. That is why bankruptcy is a Federal statute today, available in every state and U.S. Territory.

The letter points out the evils of not having a fresh start, debtors’ prisons they had in England, advantages to business with a good bankruptcy law, and quotes the Bible, which favors and commands the forgiveness of debt in many places:

of thy Brethren, &c. thou shalt not harden thine Heart, nor shut thy Hand from thy poor Brother;

but thou shalt open thine Hand wide unto him, and shalt surely lend him sufficient for his Need, in that which he wanteth:

If thy Brother be waxen poor, &c. then thou shalt relieve him, &c. that he may live.

If, says JOB, I have seen any perish for Want of Cloathing, or any Poor without Covering; if his Loins have not blessed me, &c. then let mine Arm fall from my Shoulder-blade, and mine Arm be broken from the Bone.

Whoso hath this World’s Good, and seeth his Brother have Need, and shutteth up his Bowels of Compassion from him, how dwelleth the Love of God in him!

My little Children, let us not love in Word, neither in Tongue, but in Deed and in Truth.

When we turn over the Pages of the sacred Volume, wrote from the Mouth of our Divine Master, and there observe the sublime Sentiments of Benevolence, Compassion, Forbearance, Forgiveness of Injuries, and Enemies, &c. enforced by the most powerful Arguments drawn from Life and Death, and the same exhibited in Perfection in his own glorious Person.

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Are Unlisted Creditors Discharged in My Bankruptcy Case?

Read the article below or @ https://www.infotapes.com/Articles written by Attorney Peter Francis Geraci.

That depends. In the First Circuit and the Seventh Circuit, there are cases that talk about missing creditors that aren’t discharged unless the case is reopened to amend schedules to list an omitted creditor, but, at least in the 7th Circuit, that reasoning is rarely followed.

In Stark v. St. Mary’s Hospital, 717 F.2d 322 (7th 1983), the Seventh Circuit concluded that the decision of whether to discharge the debt of an omitted creditor is based on equity. The Stark court said the burden is on the debtor to show that law and equitable principles allow the reopening of the case to include the omitted creditor. Without such a showing by the debtor, the debt will not be discharged and the creditor will have a claim against the debtor, despite the previous order for discharge of debts.

This case has been criticized for suggesting that adding a creditor to a schedule has an effect on the dischargeability of the underlying debt. See In re Anderson, 72 B.R. 783 (Bankr. D. Minn. 1987).

The general rule in most jurisdictions is that a debt is either dischargeable or not based on the nature of the debt, and the nature of the status of the claims proceeding, and that reopening the case is unnecessary.

Even in the 7th Circuit, which is Illinois, Indiana and Wisconsin, if the creditor has actual notice of some kind, such as you called and told them, or if “no harm, no foul” because the case was a “no asset case” and they would have gotten nothing even if they were listed, or if the creditor is really to blame because they sold the debt to someone else and didn’t tell them, the case does not have to be reopened at all. At Geraci Law, the issue rarely comes up.

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Credit Unions & Bankruptcy

Read the article from Attorney Peter Francis Geraci about Credit Unions and the difference in bankruptcy. This is why hiring an experienced attorney – matters. If you would like a free consultation, Geraci Law is here for you.

Credit Unions are Different than Banks in Bankruptcy

If you owe money to a credit union, they usually have a clause in their borrowing contract that any collateral you have given them, such as the car title, or a second mortgage on your house, is collateral for any other loans such as personal loans. It is what’s known as a cross-collateralization clause.

What is Cross-Collateralization?

Let’s say that you made a credit union loan for $3,000 and it was a personal loan and you had no collateral. Then you financed a car using a credit union loan, and you have $25,000 on that loan.

Look at your credit union papers when you made that vehicle loan. You don’t owe $25,000 on that loan; you owe $28,000, because there is a clause in small print that says any loan you have with them, is collateralized by the vehicle.

The Debt Can Stay If You Cross-Collateralize

Let’s say that you have a second mortgage with your credit union, and you take out a car loan, but then the car is wrecked and the insurance would only pay $15,000 but you owe $20,000. So the insurance pays the credit union $15,000 but you still owe $5,000. Since the car is destroyed, it is no longer collateral for the car loan, but since there is a cross-collateralization clause, you will pay $5,000 if it is secured by the second mortgage on your house. Even if you pay off the second mortgage, you have to pay off that $5,000 on the car loan, plus interest until you pay it off.

Do Credit Unions Debt Shame You?

Credit unions claim that they keep their interest rates are low because they have less losses than other lenders. One way they have less losses is by scaring you, and posting the names of anyone who causes them a loss, by not paying back 100% of what they owe, either on the credit union website or on a bulletin board at the credit union, or both. That is called “credit shaming.” It is pretty nasty, but it’s a fact of life with credit unions.

What if Your Credit Union Vehicle is Over-Financed?

So, under Chapter 7, if you have a vehicle and you want to keep it, and it’s financed by a credit union, they will want the vehicle back unless you sign up on the vehicle loan and any other loans you have with them. Under Chapter 13, they are a secured creditor on cross-collateralized loans.

Complications from Credit Union Debts

So, the most common case involving credit unions is that if you want to keep the vehicle financed by them, or you have a second mortgage financed with them, no other loans, it’s pretty routine: In Chapter 7 you reaffirm, in Chapter 13 simply pay them according to the contract terms.

The complication comes in where you have multiple loans with them and that’s something we can discuss with you, but please, go get a copy of each credit union loan so we can read the paperwork and see if there is a cross-collateralization clause. You can also stop by the credit union, and ask them for a copy of the papers and ask them if the loans are crossed with each other. Then you’ll know and can make an intelligent decision. Geraci law can help you make that decision.

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

In Person Appointments

Many of our physical locations offer same day or next day meetings with Geraci Law experienced attorneys.

In June 2020, Geraci Law opened the doors again to help clients meet us in person. Since Geraci Law stayed open ready to help meet you face to face (mask to mask).

Many law firms do not offer an in person meeting, many bankruptcy attorneys do not have a physical office – Geraci Law does. Many of our physical locations offer same day or next day meetings with Geraci Law experienced attorneys.

Geraci Law are friendly, fast and efficient, we’ll accommodate you with a virtual appointment or happy to see you at our local offices. Best part? You can schedule online or by phone. Check us out at https://www.infotapes.com/Bankruptcy/OfficeLocator

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Debt Settlement and Debt Consolidation vs. Bankruptcy

Is bankruptcy a better option for managing debt?

Debt settlement and debt consolidation rarely work in favor of consumers. There is no guarantee that they will work. So how does it work? Basically, debt settlement and consolidation companies have you pay them to settle your debts for you.

They have no special bargaining powers or authority to make your creditors settle. If a creditor does not want to settle, they can simply refuse, keep charging you late fees and interest, while you keep paying the settlement company to basically do nothing.

Bankruptcy gives you protection under the law. After your case is filed, the Federal Bankruptcy Court issues an Automatic Stay, which grants automatic and immediate protection from your creditors. From there on out, your debts are handled under court supervision and creditors cannot continue to charge late fees or interest.

Liz Weston from NerdWallet wrote a great article detailing why debt settlement and debt consolidation are BAD alternatives to bankruptcy, how they hurt you more in the long term.

The article is a few years old but still applies, check it out @ https://www.southbendtribune.com/story/business/2017/08/30/debt-settlement-a-bad-alternative-to-bankruptcy/46331397/

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

How Much Does Bankruptcy Cost?

We will meet with you for free, run a free credit report, go over all your debts and budget, and give you advice on getting out of debt. We will file your case for low money down, and let you choose your payment schedule. We make getting debt free affordable and easy for you.

Check out below from Geraci Law’s web site @ https://www.infotapes.com/

Beware the lawyers that promise “$0/down to file Chapter 7”. It’s usually not completely true and you end up paying more overall in the end. It’s free to start with a Geraci Law attorney.

Additional resources:

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

How Does Bankruptcy Filing Work?

Check out the Infotapes from Attorney Peter Francis Geraci. Watch below or @ https://www.infotapes.com/Bankruptcy/Infotapes

Organize Your Debt

1. How MUCH debt do you have? Is it around $10,000 or more in debt you can eliminate, like medical bills, lawsuits, credit cards, personal loans, repossessions? Make a list of all your debt and what it is for. You can find a form at Infotapes.com. Remember, some debts don’t appear on credit reports, so gather your bills, and even old debts can chase you for 5 or 10 years or more

2. What KIND of debt do you have? So if you have $10,000 or more in debt, is it the kind you can get rid of, or the kind you want to pay, like vehicles or credit unions, or is it just government student loans?

So, you can make a short list, using our form, you can get a free credit report to see what your creditors are reporting to credit bureaus.

Consult with a Law Firm

3. Get a free phone mini-consultation. You will need competent advice on whether Chapter 7 or 13 is right for the type and amount of debt, and also for your income level. Don’t make the mistake of thinking you can pick your Chapter, because you don’t know as much as Geraci Law’s highly experience attorneys.

4. Start uploading your documents. If we decide that we can help you, we’ll give you access to the Geraci Law ClientCorner, run an Experian soft-pull, get a Kelly Blue Book value on your vehicles, estimate your house value if you have one, and more. You can then upload necessary documents to our Geraci Law ClientCorner client portal, such as pay stubs, bank statements, contracts, bills and tax returns.

Meet with a Bankruptcy Lawyer for Free

5. Get a virtual or in-office interview and get your options, costs, and retain us, little or no money down. Figure a payment plan, and you’ve got yourself a lawyer! We’ll refer you to take a 20 minute online finance course, which costs $25. Take the course before you file. You can take my credit counseling course online for free to see what it’s like.

Review and Sign your Bankruptcy Paperwork

6. We’ll then prepare a bankruptcy petition of about 50 pages for you to review, and assemble the necessary documents you have uploaded, and after you sign it, we’ll file it with the Court.

File your Bankruptcy in Court

7. After we file in court, we’ll post all your documents on your secure Geraci Law ClientCorner portal, where you will get all your messages, instructions, documents, and even videos about your meeting of creditors and taking your second Debtor Education Course. The bankruptcy court requires you to take the second course to get a discharge. I teach it, and the Administrative office of the U.S. Trustee in bankruptcy certifies it. The court is one of the only courses actually taught by an experienced bankruptcy attorney.

Attend your Meeting of the Creditors

8. We will go with you, either by Zoom or in-person, to a brief interview with a Court appointed bankruptcy Trustee to go over your petition and approve it. If you filed Chapter 13, your plan will be confirmed and you will make the necessary monthly payment. If you filed Chapter 7, we will handle any paperwork with vehicles or mortgages you want to keep, and you will get a discharge around 4 months from date of filing.

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Free Counseling Videos

Thinking about what to do about your debts? Afraid of the unknown?

Watch short videos with Bankruptcy Attorney Peter Francis Geraci about bankruptcy, credit, and debt.

Thinking about what to do about your debts? Afraid of the unknown?

Attorney Peter Francis Geraci produced credit counseling videos about bankruptcy, credit and debt, you can watch all for FREE at https://www.infotapes.com/Bankruptcy/BankruptcyInformationVideos

You will learn about:

Medical Bills
Personal Loans
Payday Loans
Suspended Driver’s License
Can I keep a credit card?
How does Chapter 7 bankruptcy work?
How does Chapter 13 bankruptcy work?
What does loan modification mean in bankruptcy?
How do I keep my house and vehicles?
What does bankruptcy do for my credit score?

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Who your Lawyer is, DOES Make a Difference

An attorney representing creditors scrutinizes your Chapter 7 or 13 petition, looking for assets they can take, or money they can get you to pay creditors.

Below is an article written by Attorney Peter Francis Geraci read this and more at https://www.infotapes.com/Articles

Geraci Law founder Peter Francis Geraci likes to say “Why pay the same and not get the name?” Even worse, why THINK you’re paying an attorney to protect you, but end up losing your home or other asset?

Remember, creditors look at your bankruptcy petition, and so does the United States Trustee and their minions. An attorney representing creditors scrutinizes your Chapter 7 or 13 petition, looking for assets they can take, or money they can get you to pay creditors.

Geraci Law attorney Nathan E. Curtis recently defeated a Chapter 7 trustee in one case, and a Chapter 13 trustee in another. In Will County, Illinois, the Chapter 7 trustee wanted to take $12,000.00 the Geraci clients had claimed exempt as funds from the sale of their home, because Illinois law says the “homestead” exemption is only good for a year. Attorney Curtis pointed out to the Court that, since the Chapter 7 was filed within a year of receiving the sale proceeds, the Trustee could not claim it by holding the Chapter 7 case open and waiting a year to object. This saved the Debtors $12,000.00.

In the Chapter 13 case, Geraci Law attorney Nathan Curtis defeated the claim of the Chapter 13 trustee that life insurance proceeds of $50,000 were “disposable income” that had to be paid to creditors. Attorney Curtis pointed out that only “current monthly income”, not a one-time payment, much less a life insurance payment that is exempt from creditors, may be required to be used to pay creditors. The Bankruptcy Judge agreed, and Geraci Law saved the widow from having to use life insurance to pay creditors.

Who you choose for an attorney DOES make a difference!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

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Credit Unions are Different than Banks in Bankruptcy

What is Cross-Collateralization?

The Debt Can Stay If You Cross-Collateralize

Do Credit Unions Debt Shame You?

What if Your Credit Union Vehicle is Over-Financed?

Complications from Credit Union Debts

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Is bankruptcy a better option for managing debt?

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Organize Your Debt

Consult with a Law Firm

Meet with a Bankruptcy Lawyer for Free

Review and Sign your Bankruptcy Paperwork

File your Bankruptcy in Court

Attend your Meeting of the Creditors

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