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Collins

Child Support
All debts become discharged except: most taxes, certain debts not listed in the schedules, domestic support obligations (child support and/or alimony), most fines and penalties owed to governmental units, most student loans, debts which were or could have been listed in a prior bankruptcy in which discharge was denied or waived, certain debts incurred by driving while intoxicated, certain debts of individuals involved in the banking or savings and loan industry, and debts which have been ruled nondischargeable during the case.

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Extra Phones: Phone: (256) 739-1962
AKA: Richard L Collins Attorney At Law
Categories: Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Child Custody Attorneys, Family Law Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Wrongful Death Attorneys

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Phone: (256) 734-1161

Address: 422 3rd Ave SE, Cullman, AL 35055

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Collins

Child Support
All debts become discharged except: most taxes, certain debts not listed in the schedules, domestic support obligations (child support and/or alimony), most fines and penalties owed to governmental units, most student loans, debts which were or could have been listed in a prior bankruptcy in which discharge was denied or waived, certain debts incurred by driving while intoxicated, certain debts of individuals involved in the banking or savings and loan industry, and debts which have been ruled nondischargeable during the case.
Spousal Support
Their are certain debts which are either non-dischargeable or are rarely dischargeable. This includes most tax debts, domestic support obligations (usually child support and/or alimony), most fines and penalties owed to governmental units (usually criminal case fines, restitution, fees), most student loans. Depending on the age, type, and whether returns were filed, sometimes taxes can be discharged. In addition, if the debtor is very low income (at or near the poverty line) and there are legitimate reasons the debtor's income is not likely to increase, student loans may be dischargeable.

Wrongful Death
About a year after filing, her father’s wrongful death case settled. Jane’s share was about $20,000. What happened to the money? The $20,000 was paid by the estate’s attorney to the bankruptcy trustee. Jane still had $1,000 of her $3,000 personal property exemption available, so she was allowed the first $1,000. The trustee received a fee out of the proceeds, normally 10%. Then creditor claims were paid. In Jane’s case only $12,000 of creditor claims were filed which was much less than her debt at the time she filed. After all creditor’s claims were paid, Jane received the remainder. So, all in all Jane received about $6,000 from the settlement.

Personal Injury
Jane met all the qualifications to be able to file a Chapter 7 bankruptcy, but there was an issue. Jane’s father had died about one year earlier and his estate had a lawsuit against the nursing home where he died. A person having a claim of some type, but currently being in poor financial shape is fairly common. Often times an on the job injury (Worker’s Comp) or a car wreck (Personal Injury) results in a loss of income and an inability to pay debt. Jane had been told by the estate attorney that her father’s type of case, a wrongful death due to alleged malpractice by the nursing home, rarely settle and it could be years before the case went to trial. Even then there was no assurance they would win.
Auto Accidents

Bankruptcy
I am an attorney located in Cullman, AL. I practice extensively in the area of consumer bankruptcy law, that is, I file Chapter 7 and Chapter 13 bankruptcies for individuals.
Foreclosure
Although the automatic stay goes into effect immediately when your bankruptcy is filed, in reality creditors will not receive notice from the bankruptcy court for 7 - 10 days. For this reason you or your attorney should inform creditors who are threatening to take actions such as foreclosure or garnishment that you have filed bankruptcy and provide the creditor with a case number.
Debt Collection
Below I am linking an article by Amy Fontinelle with a good summary of what debt collectors are not supposed to be doing. If you are having these issues with a debt collector, you may have a Fair Debt Collection Practices Act violation case. You may also need to look into filing bankruptcy. Contact an attorney immediately. These types of cases can have short time limits on when you can file a case.

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