Bankruptcy

Are you Drowning in debt ?
Are you being sued or being Threatened with a lawsuit ?
Are you facing Foreclosure ?
Are you afraid of Losing your home or car ?
Are you are being Harassed by creditors or collection agencies ?
If so, it's time to discuss your options with to a bankruptcy lawyer. Attorney John M. Kenney has been helping Pennsylvania and New Jersey residents obtain debt relief under the U.S. Bankruptcy Code for more than 27 years.
From its offices in Fairless Hills, Levittown and Yardley, Bucks County, Pennsylvania, the Law Firm of John M. Kenney, P.C. serves clients who are pursuing debt relief through bankruptcy throughout Bucks County, Montgomery County, and Philadelphia County, Pennsylvania as well as in Mercer County, New Jersey and Burlington County, New Jersey. Contact us today for a free confidential consultation!
The U.S. Bankruptcy Code offers relief to consumers under two forms:
- Chapter 7 Bankruptcy is commonly used to eliminate credit card debt, medical bills, car repossessions, personal loans and other kinds of unsecured debt. A chapter 7 bankruptcy petition is filed in order to obtain a legal “discharge” of debts and in most cases results without the debtor losing any of the debtors assets which are protected by way of available exemptions or allowances afforded by the Bankruptcy code. It is important to discuss your options and rights with a knowledgeable attorney who can explain your options.
- Chapter 13 Bankruptcy is a reorganization or debt-repayment plan. It is commonly utilized to stop foreclosure on a debtors residence or stop repossession of a debtors automobile allowing the debtor to pay a mortgage or loan arrearage through a Chapter 13 plan while obtaining a discharge of the unsecured or credit card debt afforded by a Chapter 7. A Chapter 13 Bankruptcy is also the only type of bankruptcy available for people who don’t qualify for Chapter 7 bankruptcy when their income is above a certain level as determined by a “means test”, as instituted by the changes in the 2005 changes in the Bankruptcy Code. In filing for Chapter 13 bankruptcy, you must propose a reasonable repayment plan and demonstrate income that would make that plan realistic, usually for a term of 36 months or 60 months. A bankruptcy Trustee is appointed to review the petition and a Bankruptcy Judge has to approve the plan. Once the plain is approved or confirmed, the debtor would then send a monthly check reflecting the arrearage to the trustee, who would be responsible for distributing that payment to the creditors, as delineated in the Chapter 13 plan.
In either case, the filing of a bankruptcy petition triggers an “automatic stay” or legal injunction against all creditors from continuing or pursuing any and all legal actions filed against the debtor including foreclosure actions, lawsuits, telephone calls or other attempts to collect a debt. The filing of a Bankruptcy petition and protects you from home foreclosure, car repossession, lawsuit judgments, creditor harassment, bank account attachment and wage garnishment.
Means Test
- The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was passed by Congress and signed into law by President Bush on April 20, 2005. One of the new changes that occurred was the implementation of a “means test.” In an effort to determine whether you can qualify for a Chapter 7 Bankruptcy, you must first satisfy or fall within a “means test.” Under the means test, your income as calculated based on the last six (6) months on the debtors income prior to filing will be compared to the median family income for a household of similar size in your state. If you earn more than the median family income, you may need to file Chapter 13 bankruptcy instead of Chapter 7 bankruptcy. Bucks County attorney John M. Kenney can assist you in a means test calculation.
Credit Counseling
- You must also complete a credit counseling course from an approved agency in an effort of determining your options prior to filing. Such courses are available online, or may be completed in person or over the phone. Once you complete the course, you will receive a credit counseling certificate, which must be submitted with the other required paperwork as part of your bankruptcy filing.
If you need a “Fresh Start”, Fairless Hills, Bucks County attorney John M. Kenney can guide you through every step of the bankruptcy process. He offers free consultations, personal service and will take the time to answer all of your questions.
For a free consultation about your Pennsylvania or New Jersey bankruptcy case, please call (215) 547-3031, email jmk@jkenneylaw.com, or fill out and submit our “Contact Us” form.