Hinkle Law, PLLC

If you are getting collection calls, Stop!! Don’t Pay a Penny on that “Old” Debt Until You’ve Talked to a Lawyer!

Many of us have enjoyed (or been scared by) a zombie movie or tv show. They are quite popular these days. However, few people have heard of or seen the real life horror story of a “zombie” debt.

What is a zombie debt, you ask? Well, like the unfortunate souls in those movies, it is a debt that keeps coming back to life. The term usually refers to a debt, that is beyond the statute of limitations, that keeps getting passed from one debt collection agency to another. The world of debt collection often involves the buying and selling of old debts. Often for pennies on the dollar.

Once a debt is beyond the statute of limitations, you cannot be sued or taken to court over it. However, a debt collection company may still try to collect the debt from you via the normal channels, like phone calls and letters. Often, these debts keep getting re-reported to the credit reporting agencies each time they are bought and sold. As a result they never die, just like a zombie.

Many people are shocked when they get contacted by a collection agency for a very old debt. The debt collection companies take advantage of your emotions and will try to get you to make a payment. This is the worst thing that you can do with a zombie debt because it can restart the statute of limitations in some states. Now rather than getting empty threats, the debt collector can take you to court and possibly obtain a judgment.

If you made a payment, don’t worry because you may still have rights. If the debt collector used illegal tactics (it could be something as simple as lying to you) you may have a claim against the debt collection company. Contact the attorneys at Hinkle Law, PLLC to find out your rights. We regularly sue debt collection companies who violate state and federal law.

Step-parents aren’t generally able to have custody of children in a divorce. There are a few options that can achieve similar goals so the step-parent can remain an active participant in the child’s life, however. Read below to learn more about what those options are.

What is Guardianship?

Guardianship is an option during divorce for the step-parent in that it offers a similar legal relationship or custodial rights to a child that is not biologically theirs. Guardianships can be set up for grandparents, family friends, other family members, and step-parents. The step-parent can file a legal petition with the courts to have guardianship granted to the child. This can be a tough argument for some courts, especially if the other biological parent is active in the child’s life. Granting guardianship to the step-parent would mean the biological parents are losing legal rights to the child. If it is proven it is in the best interest of the child, however, judges will consider it. An example where it may be easier to obtain guardianship would be if the biological parent hasn’t been in the child’s life for years, and as the step-parent, you are the main father/mother figure that the child has. Through working with an attorney to provide evidence of this to the courts, they may recognize this and determine that guardianship is what’s best for the child. This proceeding would take place separately as it is a separate action from divorce and would need to be granted or denied in a separate proceeding.

Can I Obtain Visitation Rights?

It can be a struggle to be granted visitation rights as a step-parent, especially if both biological parents are active in their child’s life and disagree with it. A step-parent is considered a third party (much like grandparents and other relatives), so they are not in the same category as the biological parents. The courts will always do what is in the best interest of the child, however, at all costs. If there is sufficient evidence provided that the step-parent can offer valuable resources to the child by remaining in their life after the divorce, the courts may grant stepparent visitation rights.

How Do I Determine What is Best for My Family?

There are ways in which to remain a part of your step-children’s lives after divorce. If you can work together with a trusted and experienced attorney, they can help you to walk through the process to determine what your best options are, and help you fight for them. Our firm has a team with vast experience in West Virginia divorce, and we are confident we can help you in this process. Contact one of our family law attorneys at our office today at (304) 592-4609.

Filing for Bankruptcy is usually not an easy decision to make. It can be the result of years of stress and financial worries that you want to escape from. Before you file for either Chapter 7 or Chapter 13, you will need to determine which of these options is best for you.

Chapter 7 may mean that you don’t have to repay any or all of your debt, but you also lose the title to most of your assets in the process. Chapter 13 can mean that you retain the title to your assets, you can typically save your home from foreclosure or your vehicle from being repossessed, and set up a payment plan to address your debts over three to five years.

Organizing all of your debt as well as your expenses can allow you to determine which of the options is best for you. It will give you the bigger picture in terms of what debt you have, which of those may be forgiven by filing for bankruptcy, and what you will have left to pay back.

Credit counseling is also required before filing for bankruptcy. This can be done as an individual or by attending a group session from an approved consumer credit agency.

What Paperwork Needs to Be Filed For Bankruptcy?

There is quite a long list of items that need to be included when you file for bankruptcy. Below are some of the most common elements that you will need to gather, but it is not an exhaustive list.

Your current income and any increases you expect over the next twelve months.

All of your expenses, your property, your debts, and your creditors. This includes the name and current address of each creditor and the name of the attorney, if applicable, for that creditor, and the name of each debt collection agency and their attorney if applicable.

Deeds or Mortgages on your house (or other real estate) that you own, as well as their current tax-assessed values

Evidence of value on vehicles or personal property worth more than $3,000

Titles or DMV information for all vehicles owned

Updated information regarding any 401K or other investments you have and their current value

Federal income tax returns for the past three years

Your pay stubs from the last 60 days before filing and three most recent bank statements

Proof of cash value of life insurance policies

If there is a spouse involved or you are recently divorced, there may be many more items required for you to include in your bankruptcy.

What are Common Mistakes Made with Bankruptcy?

You are required by law to list all creditors when filing for bankruptcy. For some consumers that are drowning in debt and need to file for bankruptcy, this can seem overwhelming. If they unintentionally overlook a creditor, there can be consequences, and at the very least, they won’t be able to get that debt forgiven. Some consumers tend to wait too long to address their creditors and file for bankruptcy. Time is of the essence when it comes to addressing debt and coming up with a plan to regain control of it. Some consumers will hide assets in an attempt to give themselves some financial cushion. This can result in significant fines or incarceration for fraud.

Why Hire an Attorney?

Bankruptcy cases are very complex and come with very strict timelines. Add to that a long list of requirements to make sure they are effective and done correctly, and it can be a lot for one person to handle on their own. It can also make those without thorough experience in bankruptcies feel as if they are speaking a foreign language. This can lead to costly errors or your bankruptcy process being dismissed. Contact an experienced bankruptcy attorney at our office today at (304) 592-4609. Let them help make sure you get back on track and get on to the next chapter of your life.

The two common options for bankruptcy are either Chapter 13 or Chapter 7. Both have their own strengths and weaknesses, making them more or less appealing depending on your situation.

Chapter 7 is essentially the liquidation of your assets to pay back the debt that you owe. You can gather your information, place a value on the assets that you own, remove your name from the title of those things (homes, other real estate, vehicles), and use their value to pay back what is owed. Things like past income tax debts, any spousal support, or child support owed are paid first. Secured debt is paid back second, with unsecured non-priority debt paid back last if there are sufficient funds to do so. Things like medical bills, credit cards, and other debts may be forgiven or discharged during this process as a result of them having the least priority to be paid back.

Chapter 13 consists of putting together a list of what is owed and reconfiguring or consolidating debt to be paid back over a term of three to five years. The appealing fact to many consumers with Chapter 13 is that you can keep your assets in most cases rather than liquidating them. This can mean you can avoid foreclosure on your home or repossession of your vehicle in most cases.

How Do I Know if I’m Eligible?

There are a couple of eligibility requirements for bankruptcy. The main one is that you haven’t filed for bankruptcy in the recent past. If you filed for chapter 7, you need to wait for eight years, and you will need to wait for six years after filing chapter 13 to become eligible to file again.

All applicants must attend credit counseling either by themselves or in a group setting prior to filing. If they have not completed the course within six months of filing, they will be required to take it again so that it is current.

To qualify for chapter 7, your family’s gross income must be lower than the median income for the same-size family in West Virginia. If you make above the median, there are other ways in which to qualify for chapter 7, or you may consider chapter 13.

How Long Does Bankruptcy Affect My Credit Report?

Generally speaking, chapter 7 remains on your credit report for ten years, and chapter 13 remains on your report for seven years. There are some exceptions to both, but that is the common timeline.

You can use this time to begin to build back your credit by doing things like applying for secured credit cards, making sure that all of the payments you regularly make are being reported to credit bureaus, and never allowing a late payment to be made. It is also imperative to monitor your report for any inaccuracies or things that are showing up that were handled in the bankruptcy case and should no longer be on your report.

You will see a positive change in your debt-to-income ratio with chapter 7 (and in some cases, chapter 13) as some of your debt will likely be discharged, removing that amount in proportion to your income and thereby increasing your credit score.

Why Do I Need An Attorney?

Filing for bankruptcy requires extreme attention to detail and timelines. There is a large room for error when you consider all of the information that you are required to present, the strict timelines that are involved (that if not adhered to your case may be dismissed entirely), and the legal issues that can arise if you misinterpret or don’t follow the rules. Relying on an experienced bankruptcy attorney can allow you peace of mind and get back to living your life and rebuilding your credit.

Contact our office today at (304) 592-4609 to answer your specific questions.

West Virginia is one of the states that does not recognize legal separation. They do, however, have what is known as separate maintenance, and it can be utilized similar to legal separation in that you can petition the courts for spousal support or for assets to be divided, much like you would in a divorce.

Couples are encouraged to work together (as in a divorce) to determine things like child custody, division of marital property, and debt and agreements regarding alimony or child support. A judge will decide on any unresolved issues.

What is a Separation Agreement?

Much like with a divorce, many details need to be ironed out in a separation. A separation agreement is a legally binding document that prevents issues in the future if one of the parties doesn’t want to comply with the agreement. Things like child custody, child support, property division, spousal support, and health insurance can be detailed in the agreement ensuring both parties are aware of their responsibilities moving forward. Modifications can be made to this agreement as necessary, if there are material changes in the couple’s lives in the future.

Why Would I Choose Separation Instead of Divorce?

There are many reasons that couples choose to separate rather than divorce, and only you as a couple can determine what is best for you. Some of the common reasons that other couples choose to forego divorce at this time are that one of the spouses is not ready for a divorce and needs more time. Or that neither of them is ready to permanently divorce one another, and there may be the option of reconciliation in the future. Or they want to see what living apart will do for both of them separately and as a couple. Some see divorce as a violation of religious, moral, or societal values, and they choose separation to avoid having to file for divorce.

Separate maintenance will only be granted if you and your partner have lived apart for at least one year before filing. If reconciliation occurs during that time, the clock resets, and the one-year period starts over.

How Can an Attorney Help Me?

Deciding to divorce or separate isn’t an easy time for anyone. It can also mean a fresh start for you and your family in the future. Speaking with an experienced divorce attorney can offer practical guidance that is invaluable to you during this time. They can then assist you in moving forward with whichever decision you choose and present you in court should you need that as well. Contact our law offices today at (304) 592-4609 to speak with a local professional that is ready to assist you.

Chapter 7 bankruptcy allows you the option to liquidate your assets in order to pay off your debts. This can mean that your home, vehicle, and other assets that you own can be removed from your name, and their value can be used to pay off creditors. There are eligibility requirements such as the applicant passing the means test and that they haven’t filed for Chapter 7 in the past eight years. The applicant must undergo credit counseling prior to filing for bankruptcy and need to complete this within six months of filing to be eligible. The applicant must file several forms, including thorough information on all of the creditors owed, their income and expected changes to that income over the next year, details of their assets and expenses, and more.

How is Debt Handled with Chapter 7?

There is an order in which debts are to be paid through the filing of Chapter 7 Bankruptcy. Unsecured priority debts are paid first, which can include things like past-due income tax, child support or alimony, and personal injury claims. Secured debts are paid next and can include a home mortgage or a vehicle loan. Last in line are the non-priority unsecured debts such as medical bills, credit cards, and more. If there are not sufficient funds left after all other debts are covered, some or all of these may be discharged/forgiven.

What Items are Not Paid/Forgiven by Filing Chapter 7?

Items such as student loan debt are not forgiven when filing for Chapter 7 (as with Chapter 13). Other items such as unpaid fines and restitution, child support, alimony, and more are also not forgiven when filing. Debts due to fraud or due to wrongful and harmful acts are also not forgiven and must be paid. All of these items will need to be fulfilled outside of filing for Chapter 7.

Why Hire An Attorney?

Bankruptcy laws are strict and have multiple chances for error in timeliness as well as required information supplied to the courts. The process can seem overwhelming even for those that are well-versed in the process, and this can cause added costs or fines to the consumer when submitted incorrectly. By working with an experienced attorney, you can be confident that the process is effective and correct, void of unnecessary mistakes and added costs, and that you are able to move forward with your life.

Contact an experienced bankruptcy attorney at our office today at (304) 592-4609. Let us help to evaluate whether Chapter 7 is the best fit for you, understand the process, get your specific questions answered, and begin the process. We look forward to your call.

Common-Law marriage typically involves a couple that lives together and acts as a couple but is not legally married. Many couples choose to forego the marriage license and ceremony and remain committed to one another, raise children together, and reside together. Each family has its unique reasons for not wanting to be legally married, and in some states, they can benefit from a common-law marriage without the formalities.

West Virginia does not recognize common-law marriage, which means couples will not have access to the same rights and benefits that married couples do. You have the option to prepare for an unexpected breakup in the future by creating agreements and documents in advance that are legally binding in the future. They can stipulate things like how the assets will be divided, if any alimony/support will be paid, and more. Should your partner disagree in the future, you can utilize this paperwork, if done effectively, to obtain what is yours and what was agreed upon.

What are Some Benefits to Common-Law Marriages?

There can be many reasons that couples choose to forego getting legally married. Some see it as less of a hassle both to get married and should things not work out. There isn’t a lengthy and costly process to cut ties with their partner. Some feel that their assets should remain entirely theirs and not have to be shared with their partner, which can occur during a legal marriage and upon divorce.

What are Some Disadvantages of Common-Law Marriage?

There is nothing wrong with wanting to avoid the legality of marriage but wanting to remain residing and committed to your partner. It can leave you at a disadvantage in some areas, however, that you may want to consider. Should things not work out, you won’t be entitled to any property that was shared between the two, and you will have to determine how your assets will be divided amongst yourselves.

If there are children involved, the issues of child custody and child support are also not something governed legally by West Virginia. You would have to establish paternity and seek child support separately through the courts and determine who will have custody of the child.

You have the option to prepare for an unexpected breakup in the future by creating agreements and documents in advance that are legally binding in the future. They can stipulate things like how the assets will be divided, and should your partner disagree in the future, you can utilize this paperwork, if done effectively, to obtain what is yours.

How Can an Attorney Help?

Common-law marriages or other similar arrangements are more common than some people think. There are ways to effectively protect yourself now and in the future should things not work out, and an experienced family law attorney can assist you with these steps. Contact our office today at (304) 592-4609 to speak with a trusted and knowledgeable attorney about your specific questions.

While filing for bankruptcy can feel defeating, it can also allow for a fresh start for the consumer. There are a few things that you can do to ensure more success after filing to bring you peace of mind as you move forward with your life.

First, save all of your paperwork from your case. This paperwork can be valuable in the future should you choose to apply for a loan or mortgage. It can also help you to clarify information should creditors call you and request a payment that you have already included in your bankruptcy.

Build up your budget and your savings account. Every little bit helps, and with a few dollars a day set aside, it can add up quickly and give you some sense of peace. If you can overestimate things in your budget, such as grocery or eating out costs, this can allow for some additional wiggle room or more money for your savings in the future as well.

Make re-establishing your credit a priority. Make sure all of your bills are paid on time from here on out. You can also open a secured credit card or research credit builder loans that can be reported to the credit bureaus and can help you to begin building back your credit.

How Long Will Bankruptcy Affect My Credit?

In general, chapter 7 will remain on your credit report for ten years. There are sometimes exceptions, but this is a general rule. You can use this time to begin to build back your credit, make on-time payments, and make sure that all of the items that you are paying for are being reported to the credit bureaus. Your debt-to-income ratio will reduce significantly due to the debt being discharged, so this will result in a small boost to your credit score as well.

Chapter 13 is structured differently, allowing you three to five years to pay back the debt owed. These payments need to be on time no matter what to adhere to your bankruptcy case. Most of the remaining debt at the end of the payment period is discharged, which can lead to an increase in your credit score. The bankruptcy will appear on your credit report typically for seven years.

What Can I Do to Protect Myself and My Credit?

Monitoring your credit report can provide many safeguards for you moving forward. It can ensure that the debts that were addressed in your bankruptcy were correctly removed from your credit report, that any other lines of credit that you missed are addressed immediately, and more. Monitoring your credit is something everyone can benefit from, as errors can occur from credit agencies, banks, and more. This can be especially harmful to those that have recently filed for bankruptcy and are wanting to rebuild their credit.

What Other Steps Can I Take?

You can also consider building and maintaining an emergency fund. Things happen in life that we can’t predict, and they can send us into a financial tailspin if we aren’t prepared for them. Having a savings account or an emergency fund or both can allow us the wiggle room we need to avoid going back into the same debt issues we just removed ourselves from through bankruptcy.

Contact an experienced bankruptcy attorney at our office today at (304) 592-4609 for any other specific questions.

Chapter 13 Bankruptcy is appealing to consumers for a few reasons. It can allow those that need to escape debt the opportunity to keep their homes or keep their vehicles from being repossessed. Those who file propose a payment plan to their creditors (typically over three to five years) to allow them time to pay them back. It can allow consumers to consolidate their debt, set up a payment plan that they can afford, and keep most or all of their assets in their name.

What Debts Aren’t Considered Part of Chapter 13?

Certain debts will remain active even if you file for Chapter 13. Some of them are listed below.

Criminal penalties, such as restitution or fines owed. Intoxicated driving debts also fall into this category

If there are any judgments against you, these will need to be fulfilled. Recent income tax debts will also still need to be paid. This generally means the past three years before filing for bankruptcy will need to be paid

Student loans are also not covered through Chapter 13 and must be paid (as with Chapter 7)

Debts or creditors that you failed to list/include or that were listed with incorrect information will not be covered and will still need to be paid

Debts incurred through “willful or malicious actions” are also not included. Things such as a judgment against you for an injury that you caused due to reckless driving can not be included in Chapter 13

What Types of Debts are Paid Off Through Chapter 13?

There are typically three types of debt that are paid off through Chapter 13 Bankruptcy. A brief summary of each can be found below.

Priority debts are items that have to be paid back during the payment plan. These include things like child support or alimony and tax debts owed.

Unsecured debts such as credit cards, personal loans, and medical bills. These take last priority in bankruptcy plans, however, so there is a chance that these are not fulfilled in the arranged plan, and therefore may be discharged.

Secured debts are those that have collateral to back them up, such as your home or your car. These can be tricky in that some plans allow you to pay back the asset’s value rather than what is owed on the loan or vice versa, whichever is lower.

Why Hire An Attorney?

Working with an experienced attorney can help you to organize your debts, clarify whether or not Chapter 13 is a good fit for you, and move forward in the process. There are complex rules as well as deadlines that need to be followed to ensure a successful Chapter 13 is filed, and an experienced bankruptcy attorney can be an invaluable asset to your future. Contact one of our bankruptcy attorneys at our office today at (304) 592-4609.