Latest News

Yes! Declaring Bankruptcy in WV does stop wage garnishments.

West Virginia is like most states in that it allows for judgement creditors to garnish your wages in order have a debt repaid. In order for a creditor to garnish your wages, they first have to take you to court and get a judgement against you. A wage garnishment is a way for creditors to collect money by having it deducted from your salary or compensation.

A bankruptcy filing can stop collection lawsuits and wage garnishments, even if the garnishment has already started. You could also potentially recover lost wages if you have already been subjected to wage garnishment.

The primary purpose of the federal bankruptcy law is to give debtors a financial “fresh start” from their debts. This purpose is achieved by attaining a bankruptcy discharge. Most debts are discharged in a bankruptcy. When a debt is discharged under bankruptcy law, it means that you no longer have to pay the debt. In cannot be legally collected from you.

Our West Virginia bankruptcy lawyers stop a great deal of wage garnishment cases each year. If you are being sued for debt collection or if a creditor is garnishing your wages its not too late to get help. Contact the attorneys at Hinkle Law, PLLC for more information about how to stop wage garnishments through bankruptcy options.

The reality is that most people who have found themselves on the wrong end of a debt collector would love to be able to pay the debt. We’ve all run into financial difficulties but that doesn’t mean that you’re not entitled to some rights.

Whether or not you owe the debt is irrelevant. In fact, according to the legislative history of the Federal Fair Debt Collections and Practices Act (Otherwise known as the FDCPA) the purpose of debt collection laws is to preserve the civil rights of consumers and to protect consumers from being terrorized and abused by unethical debt collectors. Debt collectors have legal and ethical means to collect a debt but some choose not to be ethical. When debt collectors act in a way that is abusive it can have devastating effects on a person and their family.

In fact the FDCPA states that “Abusive debt collection practices contribute to the number of personal bankruptcies, to martial instability, to the loss of jobs, and to invasions of individual privacy.” All four of those ramifications are very important to individual consumers and the economy as a whole. The lawyers at Hinkle Law have seen families torn apart by financial strain because they went too long without seeking help.

The debt collection industry knows that you have rights but their motive is to profit regardless of the cost to the consumer. They spend millions of dollars each year trying to minimize your rights in the Courts and by lobbying Congress for less control. If consumers don’t stand up for their own rights, then no one else will. At Hinkle Law, we help consumers like you to know and protect your rights. You may not even know until you talk to us that your rights have been violated.

If you’re being contacted by a debt collector, you should take steps to protect yourself. If you reside in West Virginia or Pennsylvania, contact the attorneys at Hinkle Law for a free review of your case. In almost all cases that we pursue, our fee is ultimately paid by the debt collector.

I get this question a lot from my clients.  Obviously, for most of us, our cars and trucks are our lifelines.  Without them it would be difficult, if not impossible, to get to and from work, the grocery store, etc.  This is especially true for those of us in the Martinsburg and Charles Town areas of West Virginia where public transportation options are limited and many people commute to other states for work.

There is also a common misconception that the bankruptcy laws only allow a family to keep one car.  Luckily that is a myth because otherwise it would make it very difficult for families to get a fresh start after bankruptcy.

While every case is different, there are some general guidelines regarding vehicles that determine how a bankruptcy can affect the vehicles:
First, if you have a loan that is secured by your vehicle, you must maintain the payments and insurance if you want to keep it.  Actually, this is true whether you file bankruptcy or not.  If you do not make the payments as scheduled, the car loan company will be permitted to repossess the vehicle.

Second, the number of vehicles that you can keep in a bankruptcy depends upon the amount of equity you have in the vehicles or the value of the vehicles.  For a car that you own free and clear of any loans, the equity is equal to the market value.  For a car with a loan against it, the equity would be the market value minus the loan payoff.  In most cases where you have a car loan there is little to no equity in the car.  In that case, the vehicle would be of no value to your creditors and you can keep it as long as you maintain the payments.

Under the bankruptcy laws in West Virginia, you can keep a certain dollar amount of assets.  As long as the total value of your vehicles falls under that dollar amount, you can keep them no matter how many you own.

For more specific information regarding your potential case, call us for a free consultation.

There are few places in the United States that have been affected by foreclosures like Martinsburg and the Eastern Panhandle of West Virginia. As a bankruptcy lawyer, I’ve met with many clients who were on the verge of losing their homes. Thankfully, I’ve been able to help many of them.

Like all collection actions, a foreclosure must be stopped when a bankruptcy has been filed. Upon filing a bankruptcy, a consumer is automatically protected from any attempts by a creditor to collect a debt. This protection is called the “Automatic Stay” and it is one the most beneficial aspects of filing a bankruptcy. It is designed to give you a “time out” from debt collectors and to allow you to figure out the best way for dealing with your debts.

In West Virginia, foreclosures sales are conducted by a trustee. The trustee is usually an attorney who has been appointed by the bank to sell the property to the highest bidder. Consumers are required to be notified of the sale and the trustee is required to publish the sale date and time in the local newspaper. These sales usually take place on the steps of the courthouse.

If you are trying to save your home from foreclosure or if you need more time to determine if keeping your home is feasible, then you can file a bankruptcy to stop the sale.
However, for the sake of your lawyer and your own stress level don’t wait until the last minute to call for help with a foreclosure. Even if you don’t end up needing to file bankruptcy, it’s always best to know your options ahead of time and plan accordingly. At Hinkle Law our consultations are always free so there is no risk in finding out your options.

If you are dealing with the stress and frustration of debt, you are not alone. According to the official federal government data, approximately 775,000 Americans file for bankruptcy protection every year. Chapter 7 bankruptcy offers a potential solution. Also known as a liquidation bankruptcy, Chapter 7 is one of the best ways for financially distressed consumers to get a true fresh start.

You may be wondering: What are the benefits of Chapter 7 bankruptcy? The short answer is that eligible individuals can discharge most debts in a relatively efficient manner, while still protecting their future income and assets. Here, our Martinsburg, WV Chapter 7 bankruptcy attorney provides a more detailed overview of the benefits of filing for Chapter 7 bankruptcy protection.

Three Advantages of Chapter 7 Bankruptcy

1. Most Debts Can Be Discharged—Chapter 7 Offers a Real Fresh Start
The primary benefit of Chapter 7 bankruptcy is that it allows the complete discharge of most personal debts. As a general rule, Chapter 7 bankruptcy allows the full elimination of credit card debt, medical bills, and other unsecured loans and debts. In other words, many people can use the Chapter 7 bankruptcy process to get a fresh start. A discharge is a cancellation of the debt. When you successfully complete the Chapter 7 process, you will no longer owe any of the debts that have been discharged.

It is important to note that there are certain limitations on the debts that can be removed through Chapter 7. Simply put, certain types of financial obligations cannot be discharged through Chapter 7 bankruptcy. As described by the consumer reporting agency Experian, the most common non-dischargeable debts include past-due child support, federal student loans, and most tax debts. Still, even if you owe non-dischargeable debts, Chapter 7 can still help you get extra breathing room.

2. Your Future Income/Assets are Largely Protected
More than just allowing a path to cancel most consumer debts, Chapter 7 provides strong protection for your future income and your future assets. As explained by the United States Court, your future earnings and assets are largely protected even if you file for Chapter 7 bankruptcy. When you file for Chapter 7, you do not have to worry about a creditor coming back and making a claim against you several years down the road. As long as the process is done correctly, you can free yourself from the burden of debt.

3. Discharge of Debt Can Occur Relatively Quickly
Finally, another key advantage of the Chapter 7 bankruptcy process is that it is relatively efficient. Once you file a Chapter 7 bankruptcy petition with the help of a reliable West Virginia bankruptcy lawyer, it will not be long before you are able to move forward with your life. Indeed, the discharge of your personal debts may occur in as little as 60 to 90 days.

While the timeline can vary from case to case, Chapter 7 is usually not a long or daunting process. The sooner you get started, the sooner you will be able to move forward with your life. Still, putting together a strong, well-documented Chapter 7 petition can be complicated. You need an experienced lawyer by your side.

A Bankruptcy Attorney Will Make Sure Chapter 7 is Your Best Option

While Chapter 7 bankruptcy protection offers real, tangible benefits, it is not the right option in every case. Some individuals are not eligible to file for Chapter 7 bankruptcy—they may need to opt for Chapter 13 instead. In other cases, there may be non-bankruptcy debt relief solutions that offer greater benefits.

A top-rated Martinsburg, WV bankruptcy law attorney will help you find the best path back to sustainable financial footing. The most important thing to know is that there is always a way out of debt. If you are tired of non-stop calls from aggressive debt collectors, you have options available. Chapter 7 may or may not be the right option.

Contact Our West Virginia Chapter 7 Bankruptcy Lawyer for Immediate Help

At Hinkle Law PLLC, our Martinsburg bankruptcy attorney has the knowledge and experience to represent you in Chapter 7 bankruptcy. We have helped people like you free themselves from millions of dollars of debt. If you have any questions or concerns about filing for Chapter 7, we are more than ready to help. Contact us now for a free, confidential review of your case. With a law office in Martinsburg, we handle Chapter 7 bankruptcy cases throughout the entire region, including in West Virginia and Southwestern Pennsylvania.

Having unpaid debts can be stressful. Being called and having letters sent to you by debt collection agencies can make a stressful situation even worse. However, even if you legitimately owe a debt, there are rules that debt collection agencies must follow. Most consumers don’t know that they have rights even if they owe a debt. Here are seven things (among others) that a debt collection agency cannot do when trying to collect from you:

1. Debt collection companies cannot lie to you. This is a pretty simple rule but one that is very important. Debt collection companies cannot lie about the amount of money that you owe. They cannot lie about who they are or what they can do to you if you don’t pay.

2. Debt collection companies cannot use profane language. Again, this is a very simple rule but one that is violated by debt collectors when they get in heated exchanges with consumers. Debt collectors cannot use foul language or curse at you when communicating with you.

3. Debt collection companies cannot call you at work. If a debt collector knows that you are not allowed to receive calls at work, then they cannot call you or communicate with you there.

4. Debt collection companies cannot call your family to collect a debt. Debt collectors often call family members of consumers in order to pressure the consumer to pay the debt. However, they can call family members to find out where you live. But they can only call a family member one time to find out your location info and they cannot call the family member if they know where you live.

5. Debt collection companies cannot call you before 8:00 am or after 9:00 pm.

6. Debt collection companies cannot disclose information to third parties. Debt collectors are prohibited from contacting people other than you or your spouse to collect a debt. This includes leaving voicemail messages where others can hear them.

7. Debt collection companies cannot threaten you with actions they don’t intend to take. If a debt collector threatens to sue, but if they can’t or don’t intend to they are in violation of collection rules.

8. These are just a few rules that apply to debt collection agencies. If you are getting calls from debt collectors call the attorneys at Hinkle Law, PLLC. Our lawyers can help you get relief from the harassing calls.

At Hinkle Law, we have helped many clients set up favorable repayment plans of taxes owed to the IRS and the West Virginia State Tax Department. This means, you can use your bankruptcy to pay tax debts!

It is important to note that most taxes cannot be discharged, or forgiven, in a bankruptcy. This means, that in order to deal with your unpaid taxes, you need to set up a repayment plan. In most cases, the IRS or the State of West Virginia will allow you to set up repayment plans with them directly outside of bankruptcy laws. However, there are some huge advantages to repaying your past-due taxes in a bankruptcy.

Here are a few of the most important:

1. No Penalties or Interest: This has to be the biggest advantage to paying your taxes back through a Chapter 13 Bankruptcy. Outside of bankruptcy, you can get buried in the penalties and interest that are tacked onto past-due taxes. However, while in bankruptcy, interest and/or penalties can be stopped and, in most cases, all you pay back is the tax itself. This can be a huge savings.

2. Five Year Repayment Plans: Outside of bankruptcy, most tax authorities will only allow you up to three years to repay taxes. In a Chapter 13 Bankruptcy, you can spread the payments over a five year period of time. This results in a much lower monthly payment.

3. Discharge of Certain Taxes: Some taxes can be discharged, or forgiven, in bankruptcy. In Chapter 13, this may substantially reduce the amount of taxes that you would be required to repay over the five year term. Outside of bankruptcy, you would have to pay back all taxes owed.

4. Reduction of Other Debts: Most of my clients who have unpaid tax debts are also struggling with other bills such as credit cards and medical debt. In a Chapter 13, yo may be able to substantially reduce the amount that your are paying on those types of debts. This will allow you to free up additional cash flow to repay your taxes.

5. Protection from Levy/Garnishment: While you are in bankruptcy, your are protected from actions by the IRS or the State of West Virginia to keep your tax refunds and/or to garnish your wages or bank accounts.

If you are struggling with taxes and other debts, call us to find out your options. As always, our initial consultations are free so you have nothing to lose.

For some people struggling with debt, the worst thing to do is avoiding bankruptcy and treating it as a last resort.

Oftentimes, people are so scared by the thought of filing bankruptcy that they take the advice of friends and family members who have good intentions but don’t know the first thing about bankruptcy. I helps hundreds of people each year get relief from their debts by filing bankruptcy. Here are three reasons why putting off a bankruptcy may be a big mistake:

1. You may end up throwing away money or protected assets.

I’ve met with several clients each year who do their best to avoid bankruptcy end up doing some long lasting financial damage in the meantime. One common scenario is where a person struggling with debt will take money out of their 401K or retirement savings to make minimum payments on their credit cards. This is often a temporary fix and eventually the money runs out. However, the credit card debt is still there. This person may have to file bankruptcy but now they have no retirement savings (which would have been protected in the bankruptcy) and they may owe taxes and penalties for taking an early withdraw from their retirement accounts. If they had filed bankruptcy before taking those unadvised steps, the debt would be gone but they would still have their retirement savings and would be owing uncle sam.

2. You credit may take longer to repair.

Many people who avoid filing bankruptcy do so because of fears about their “credit”. Most think that they will never be able to get a loan after bankruptcy. This is simply not true. Most of my potential clients have poor credit scores due to late or missed payments on their credit accounts. Assuming that they were able to pay off their delinquent debts over a several year period, only then would their credit score start to improve. However, if the same person filed Chapter 7 bankruptcy, their case could be finalized in as little as 6 months and they can start rebuilding their credit much sooner.

3. It may cost you a job opportunity.

It may sound outrageous but sometimes a bankruptcy can make you a better job applicant. I’ve had several clients who have been in consideration for jobs that were financially sensitive or that required security clearances. In those types of jobs, employers are weary of and will often pass over applicants who have past due debts on their credit report. The unpaid debts create a security risk for the employer. However, filing the bankruptcy eliminates the security risk and I have had several clients who have received job offers only after getting a bankruptcy discharge.

Sometimes, the worst thing that you can do is treat bankruptcy as your “last resort”. It is best to find out your options as early as possible. you can find out those options by calling us for a free consultation.

How many of you have really taken the time to understand your credit card account? Before I started working in this area of the law, I never did. When I got a bill, I just paid it. If the interest rate changed, I just accepted it. If a fee was assessed, I just assumed it was correct. Now I regret not paying better attention since I could have saved myself some money.

You may have noticed some changes to your credit card bill in 2010. Supposedly the bills are now easier to read, simpler to understand, and provide more accessible information to you about things such as interest rates and fees.

These changes were due to the implementation of the Credit CARD Act of 2010. While this Act has improved transparency and fairness in consumer credit, the responsibility still falls on you to carefully review your statements and protect yourself. Review the so-called “cardholder agreement” – the tiny pamphlet with tiny writing that outlines the terms of the credit agreement that you sometimes find with your statement. If you don’t have it, go online to your credit card company’s website and find the current version. Lenders are required to disclose credit terms in clear, plain language.

In addition to becoming familiar with the terms of that agreement, educate yourself on your rights as a consumer. Some of the terms in that agreement may be contrary to state or federal consumer laws and you may have a claim against the credit card company for violations of the law.

My advice is to spend some time getting to know your credit card. Read the fine print on the back of the statement and in the cardholder agreement. Review your monthly statements and question any fees that are assessed or interest rates that are increased. If you have questions, call your lender and ask for an explanation. If their explanation does not help, see a consumer protection attorney or call your state attorney general for more information.