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(216) 241-2628
Call Us Today!
(216) 241-2628

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DEBT COUNSELING & BANKRUPTCY REPRESENTATION:

If you are seeking advice on major legal issues affecting your life, you will want a reliable attorney with experience and integrity, who is committed to representing your best interest. Legal problems commonly cause anxiety, uncertainty and stress. My mission is to relieve your stress, to inspire confidence and trust in all my clients, and to both answer both your questions and solve your legal problems.
Put my 34 years of legal experience in the bankruptcy and commercial law arena to work for you. As my client, you will have direct contact with me personally, not through an assistant or a paralegal. Please contact my office for a free initial consultation involving debt collection, garnishment, foreclosure, creditor harassment and possible alternatives to bankruptcy.
We serve clients throughout greater Cleveland, Ohio, and the surrounding areas.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. 11 USC Section 528(a).

BANKRUPTCY OPTIONS AND ALTERNATIVES:

Other than Chapter 11, which is a corporate reorganization, you have the option to file either a Chapter 7 (“Liquidation”) or a Chapter 13 (“ Individual Reorganization”) proceeding. In each case, the “automatic stay” under Bankruptcy law protects you from all collection and enforcement action by your creditors against you and against your assets. Upon filing under either chapter, all of the following collection activities must immediately STOP under the automatic stay:
  • Creditor Harassment    
  • Garnishments
  • Collection Calls
  • Tax Levies
  • Lawsuits 
  • Utility Shutoffs
Both consumer debts and business debts may be included under either chapter.
Chapter 7: This is what people usually refer to when they speak of “bankruptcy.” Through a Chapter 7 proceeding, also referred to as “liquidation,” you are permitted to relieve yourself of the obligation to pay most, if not all, of your debts by obtaining a “discharge” of those debts. In most cases, you may keep what you own unless the value of a particular asset exceeds exemption allowances. It is therefore essential that all of your assets be identified and not just all of your debts. Certain obligations, such as recent income taxes, alimony and child support, may not be dischargeable.
Chapter 13: This option is designed for clients who wish to pay their debts under a reorganization plan over an extended time period up to a maximum duration of five years. If you do not qualify for a Chapter 7 for one reason or another, or if you stand to lose a particular asset through a Chapter 7, you may qualify for a Chapter 13. Through Chapter 13, you may retain possession of assets, including those which may be otherwise nonexempt.
Arrangement with Creditors: Debt settlement arrangements with creditors may be available to you as a way to avoid a Chapter 7 or Chapter 13 bankruptcy. This is more likely to be feasible in cases where you do not have a large number of creditors, so that a direct payment arrangement with your creditors becomes possible. Beware of debt settlement companies, which may offer this alternative, but who frequently charge high fees.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. 11 USC Section 528(a).

THE BANKRUPTCY PROCESS IN A NUTSHELL:

A bankruptcy case is commenced by filing a petition with the Bankruptcy Court. In that petition, you must disclose your creditors and all assets you own or have an interest in. In most cases, your assets will be fully exempt under applicable exemption laws, meaning you may keep what you own and still discharge your debts. However, your exemptions must be properly claimed to be allowed. 
Unsecured debts, consisting of credit cards, medical bills, utility bills and personal loans are typically dischargeable. Secured debts are discharged if you elect to return the merchandise or collateral. If you are making car payments on a “lemon” or for a vehicle that is worth considerably less than what you still owe against it, you may elect to return that vehicle and not be obligated to pay a penny more. To the extent you owe “secured” debts, such as a real estate mortgage or auto loan, you have the opportunity to either agree to surrender the collateral and relieve yourself of the obligation to pay on it, or you may “reaffirm” that obligation and thereby keep the collateral. It is possible in some cases to change the terms of payment to help you make future payments. 
Within approximately one month after filing your petition, you will be questioned at a “341 examination” by the bankruptcy trustee assigned to your case. If the trustee determines that all of your assets are fully exempt, he/she will file a “no asset report” certifying that conclusion.
The “automatic stay” under bankruptcy law goes into effect the moment you file your petition and typically remains in effect while your case is pending. It protects you against collection action by creditors, including repossession, foreclosure and garnishment, and remains in effect until the discharge order is entered or unless a creditor obtains a formal court order authorizing it to obtain possession of collateral for a secured loan.
A discharge order is typically entered after three months has gone by from the filing of your petition. The entry of a discharge formally relieves you of the obligation to pay all discharged unsecured debts and secured debts that have not been reaffirmed. It replaces the temporary automatic stay and serves as a permanent injunction against continued creditor collection action.
The determination of whether or not you wish to keep a secured asset, to reaffirm a secured debt, or to negotiate a “retain and pay” option with a secured creditor on a home mortgage or car loan, needs to be made while your case is pending. Thus, you will have time to discuss and evaluate your options with me and to negotiate terms for payment. 
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. 11 USC Section 528(a).

RE-ESTABLISHING CREDIT AFTER BANKRUPTCY:

Bankruptcy does not currently have the same stigma that it had many years ago. It does not prevent you from re-establishing credit in the future, as many people seem to think. There are steps available to rebuild your credit score and to re-establish credit after bankruptcy.
Books have been written on this subject, providing step-by-step instructions on how to re-establish credit after bankruptcy. There are also other resources available, including credit counseling courses that are designed to restore your credit rating and credit eligibility. There are also some simple steps you can take to obtain accredit card shortly after a bankruptcy for the sake of everyday convenience.
I am available to discuss these issues and your options with you at a free initial consultation, which you may schedule by contacting my office (see form above).
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. 11 USC Section 528(a).
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    Waldemar Wojcik Co, LPA
    The Leader Building, Suite 211
    526 Superior Ave.East
    Cleveland OH 44114

    Phone: (216) 241-2628
    Fax: (216) 373-2392
    Email: wwojcik@wojciklpa.com
    In Business Since 1980

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    Mon - Fri:       09:00 AM - 05:00 PM
    Sat:                 By Appointment
    Sun:                Closed

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