Best Bankruptcy & Debt Lawyers in Billings

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MOULTON BELLINGHAM

MOULTON BELLINGHAM

Billings, United States

Founded in 1920
47 people in their team
The firm that is now Moulton Bellingham, PC was one of the first law firms established in Montana. Founded at the turn of the century by Judge...
English

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About Bankruptcy & Debt Law in Billings, United States

Bankruptcy & Debt Law in Billings, United States covers a broad range of topics related to financial distress, from personal bankruptcy to commercial insolvencies. It provides individuals or companies with options when their debts become unmanageable. Generally, declaring bankruptcy can either mean liquidating your assets to pay off debts (Chapter 7) or creating a repayment plan (Chapter 13). The specifics can vary, hence legal consultation is highly recommended.

Why You May Need a Lawyer

Hiring a lawyer can be crucial when facing issues related to bankruptcy and debt. The bankruptcy process is complex and involves intricate legal proceedings. Issues can range from evictions, foreclosures, lawsuits, wage garnishments to high-interest credit card debt. A lawyer will help not only in understanding your rights but also in presenting viable options to resolve your financial crisis.

Local Laws Overview

The local laws in Billings related to bankruptcy and debt follow the United States Bankruptcy Code. Two commonly filed bankruptcy chapters are Chapter 7 and Chapter 13. Chapter 7 is about the liquidation of non-exempt assets to pay off debts, while Chapter 13 allows individuals with regular income to form a repayment plan. It's important to note that not all debts can be discharged in bankruptcy, such as child support, tax debts, and student loans in most cases.

Frequently Asked Questions

Who can file for bankruptcy in Billings?

Any person, business or corporation experiencing financial distress can file for bankruptcy in Billings upon meeting specific qualifications determined by the chapter they are filing under.

What are the consequences of filing bankruptcy?

While bankruptcy can help in managing and discharging debt, it does impact your credit score and can stay on your credit report for as long as 10 years. It might make getting credit, buying a home, insurancing items, or even getting a job more difficult.

Can I keep my property if I file for bankruptcy?

It depends on whether the bankruptcy filed is Chapter 7 or Chapter 13 and the types of your assets. Some property may be exempt from liquidation. Consulting with a bankruptcy lawyer can provide clarity regarding asset protection in bankruptcy.

What types of debt cannot be discharged?

Not all debts can be discharged in bankruptcy. Most tax debts, owed child support, alimony and student loans can't usually be eliminated.

How long does a bankruptcy process take?

The duration can vary based on the chapter you're filing under. Generally, a Chapter 7 bankruptcy case can take about 4 to 6 months, while Chapter 13 cases usually last 3 to 5 years due to the repayment plan involved.

Additional Resources

The American Bankruptcy Institute (ABI) and The National Association of Consumer Bankruptcy Attorneys (NACBA) provide resources and guides on the bankruptcy process. Also, the United States Courts' website can offer valuable information on local bankruptcy laws and the Federal Trade Commission's (FTC) page for consumer information on bankruptcy.

Next Steps

If you're considering bankruptcy, your first step should be to consult with a local bankruptcy attorney. Be prepared to discuss your financial situation in detail to determine the best course of action. Pre-bankruptcy credit counseling is a requirement which can be completed through approved agencies. Lastly, gather your financial records, including debts, income, assets, and expenses before your consultation to better assist the lawyer in their evaluation.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.