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Barrett McNagny LLP

Barrett McNagny LLP

Fort Wayne, United States

Founded in 1876
44 people in their team
About The Law FirmFounded in 1876, Barrett McNagny LLP is one of the oldest law partnerships in the state of Indiana and among the largest in...
English

About Bankruptcy Law in Fort Wayne, United States

Bankruptcy law in Fort Wayne, United States falls under the jurisdiction of the federal laws as applicable in the rest of the country. These laws were designed to give a fresh financial start to struggling individuals, businesses, and indebted municipalities. There are several types of bankruptcy specified under the U.S. bankruptcy code, Chapter 7 and Chapter 13 being the most common for individuals and corporations, respectively. However, it's important to understand that laws may slightly vary in different districts. Therefore, local guidance should strongly be considered.

Why You May Need a Lawyer

Understanding and navigating bankruptcy laws can be complex. You may need a lawyer if:

  • You cannot fully understand the bankruptcy code, rules, and procedures.
  • You own a business and need help to file for Chapter 11 or Chapter 13.
  • You own significant assets that need protection while filing for bankruptcy.
  • You're struggling with a foreclosure and need to understand how a bankruptcy filing can impact it.
  • Your creditors are disputing your bankruptcy filing.

Local Laws Overview

While the primary framework of bankruptcy is set up by federal laws, certain details are governed by local rules in Fort Wayne, under the Northern District of Indiana Bankruptcy Court. This includes procedures for filing bankruptcy, trustee duties, and debtor education and credit counseling requirements. Also, Indiana’s bankruptcy exemptions which determine what property you get to keep in a Chapter 7 bankruptcy are applicable here.

Frequently Asked Questions

1. How do I know which type of bankruptcy to file?

The right type of bankruptcy depends on your individual circumstances, including the type and amount of your debts, your assets, income level, and your long-term financial goals. Consulting with a local bankruptcy attorney can help you make the right decision.

2. Will I lose all my property if I file for bankruptcy?

Not necessarily. Chapter 7 bankruptcy, often known as liquidation bankruptcy, may involve selling off your non-exempt assets to pay your creditors. However, under Indiana’s bankruptcy exemptions you are allowed to keep some essential property.

3. How long does a bankruptcy stay on my credit report?

Typically, a Chapter 7 bankruptcy will stay on your credit report for 10 years, and a Chapter 13 will stay for 7 years.

4. Can all types of debt be discharged in a bankruptcy?

No, there are certain types of debt, such as student loans, most tax debts, child support, alimony, that generally can’t be discharged in bankruptcy.

5. Can I file for bankruptcy without a lawyer?

While it's legally possible to file for bankruptcy without a lawyer, it's generally not recommended due to complexity of this legal process.

Additional Resources

For additional guidance, the following resources might be helpful:

  • U.S. Bankruptcy Court, Northern District of Indiana
  • U.S. Trustee Program
  • Legal Aid Society of East Tennessee

Next Steps

If you need legal assistance in bankruptcy, it’s important to consult with an experienced bankruptcy attorney who is familiar with the local and federal laws. Consider your financial situation, gather your financial records such as income, debts, and assets, and schedule an appointment with a lawyer. For referrals, you may want to approach the local bar association or use one of the online lawyer directories.

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.