Montare Law Practice Areas

personal-bankruptcy

Personal Bankruptcy

Are you struggling with overwhelming credit card bills, medical expenses, or other unsecured debts? Financial hardship can be stressful, but you have options. Montare Law can help you explore personal bankruptcy as a path towards a fresh financial start. We understand the emotional and legal complexities involved, and will guide you through the process with compassion and expertise. We handle both Chapter 7 and Chapter 13 bankruptcy filings, and will help you determine which option best suits your needs.

Chapter 7

 Chapter 7 bankruptcy allows for the discharge of most unsecured debts, such as credit cards, medical bills, and personal loans. This can be a powerful tool for individuals facing a significant debt burden. Our experienced attorney, Ms. Montare, will walk you through the Chapter 7 filing process, ensuring all steps are completed correctly and efficiently. We will explain what debts can be eliminated under Chapter 7, and how to protect your exempt assets throughout the process.

Chapter 7
Chapter 13

Chapter 13

Chapter 13 bankruptcy provides an opportunity to reorganize your debt into a manageable monthly payment plan. This allows you to catch up on missed payments while keeping valuable assets like your car and home. Montare Law will work with you to create a customized repayment plan that fits your specific financial situation. We’ll guide you through the Chapter 13 process and ensure your rights are protected throughout.

Chapter 11

Mrs. Adriane Montare has experience guiding business owners through the Chapter 11 bankruptcy process. Chapter 11 allows your business to continue operating under court supervision while you develop a reorganization plan to repay creditors. This plan can involve various strategies, such as extending debt repayment terms, negotiating reduced balances with creditors, or selling non-essential assets.

Chapter 11
Personal Bankruptcy

Small Business Bankruptcy

Financial challenges shouldn’t force you to close your doors. Montare Law understands the unique challenges faced by small businesses. We offer experienced legal guidance for Chapter 11 bankruptcy, which can help you restructure your debt and potentially save your company. Chapter 11 allows for a court-supervised reorganization plan, providing breathing room to negotiate with creditors and develop a path towards financial stability.

How It Works

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Consultation

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Strategize

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Take Action

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FAQs

I would suggest that you consult an attorney who specializes in debt relief. Doing a Chapter 13 might make sense in certain situations, such as trying to save a home or car. If you are judgment-proof or won’t qualify for a Chapter 13, there are other options for dealing with the debt, such as seeking a hardship discharge from your creditors. You should also consider a non-profit debt counseling agency who can help you draw up a budget and possibly negotiate with your creditors. And good luck with staying mentally healthy. I know from some of my clients’ struggles how hard that can be.

This is hard to answer without more facts but whether you can sue in state court depends on whether the right to sue the agency in state court exists in the legislation that created the agency. Whether you can sue the SBA also depends on whether the agency has waived its sovereign immunity (the immunity government entities have against being sued) through its dealings you. This would be very hard for you to figure out without the aid of an attorney who is knowledgable about federal law.

I would send a letter to the General Counsel of the hospital explaining the situation and copy the attorney who represented the hospital in your court case. If you don’t get a favorable response, I suggest you file a complaint with your state’s Office of Consumer Affairs. Also consider contacting your state representative’s office, who might be able to get this resolved much more quickly. You may also send a copy of the settlement to the state office of taxation in care of the General Counsel and the Inspector General for the state treasury department, if they have one.

The Bankruptcy Code presumes that extensions of credit, such as cash advances on your credit cards, made within 70 days of bankruptcy and totaling $1,000 or more are taken with the intent not to pay back the advances and therefore are not dischargeable (meaning that you will still owe the debt after the bankruptcy is over). Your creditors also have the right to challenge the dischargeability of the debts no matter when they occurred, claiming that the debtor never intended to repay them, by filing an exception to discharge of the debt. The burden is on the creditor to prove the debtor’s intent to not pay, which is usually very hard for credit card companies to prove so most will not file an exception to discharge. However, the best course of action is to wait at least 3 months after incurring large amounts of debt to file for bankruptcy and to hire an experienced bankruptcy attorney.

It is hard to answer this question without more information about the Purdue bankruptcy. The court may have appointed an attorney or a committee to negotiate on behalf of the personal injury victims. You may also be able to file a proof of claim for your injury if the bar date for such claims has not yet passed. Either way, I would consult a bankruptcy attorney to see what your options are.

There are many for-profit debt consolidation companies that make misleading or incomplete claims that entice consumers to sign up. If you think that has happened here, you can complain to the state attorney general’s consumer division and to the federal Consumer Protection Finance Bureau. In the meantime, you have to read the fine print in the contract you signed to find out what exactly they promised to do and what exactly are your obligations. If you still don’t understand, then I would contact a consumer law or bankruptcy attorney to help you figure it out. There are also not-for-profit credit counseling agencies that can help.

I would contact the Department of Public Service, the agency that regulates the utilities. They have a consumer services office that handles disputes with the utilities. Google the DPS Office of Consumer Services where you will find a link to filing a complaint and a phone number.

I also agree that you should consult a bankruptcy attorney. Once your creditors get a judgment against you, they will file a judgment lien against your house, which must be paid off before the house can be passed on to your heirs. Bankruptcy will clear away all of your consumer debt including unpaid medical bills. The attorney consultation is usually free and after that you will have a much better understanding of your options.