Bankruptcy Abuse Prevention and Consumer Protection Act

On October 17, 2005 the bankruptcy law changed drastically.  Some people can no longer file a chapter 7 bankruptcy (liquidation), and must now repay a portion of their debts over time (chapter 13).  

However, bankruptcy remains an option for people truly unable to pay their bills.  At Juergens & Juergens, we have filed numerous bankruptcies since the law changed, and have studied the new law and case law.  We can help you to choose the right form of bankruptcy, and to give you the best chance of financial recovery. On September 28, 2008 the Ohio exemption laws changed.  This also affects the abilty to file bankrtuptcy and the results.

John Juergens is a member of the American Bankruptcy Law Forum, a professional organization of bankruptcy attorneys who meet monthly to present and engage in seminars.

Please note that if you wish to receive advice regarding bankruptcy you may contact our office.  The information on this website does not create an attorney-client relationship.

Please also see the following information:

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASISSTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER

If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney.  THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST.  Ask to see the contract before you hire anyone. 

The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine. 

Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you.  Be sure you understand the relief you can obtain and its limitations.  To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention needs to be prepared correctly as well as in some cases a Statement of Intention needs to be prepared correctly and filed with the bankruptcy court.  You will have to attend the required first meeting of creditors where you may be questioned by a court official called a ‘trustee’ and by creditors.

If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a  debt.  You may want help deciding whether to do so.  A creditor is not permitted to coerce you into reaffirming your debts.

If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy preparers, can give you legal advice.