Saratoga Springs Office
100 West Avenue
Saratoga Springs, NY 12866
(518) 581-8441
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Johnstown Office
122 West Main Street
Johnstown, NY 12095
(518) 736-2408
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Bankruptcy Relief

While this is a particularly difficult time for you, we are here to help you. With your continued cooperation, we’ll be able to process your Bankruptcy Petition in a time-efficient manner, allowing you to put your current financial worries behind you. Rodriguez & Associates can help eliminate credit card debt, stop your home foreclosure and file your personal or business bankruptcy. Please take a few minutes to review this information as it may answer some of the questions you have during filing of your Bankruptcy Petition.

Click here to download the Pre-Consultation form.

Bankruptcy

What Is A Chapter 13 Bankruptcy?

A Chapter 13 plan permits individuals who have a steady source of income to pay part or all of their debts under protection of the Bankruptcy Court. If you file Chapter 13, you file a petition and a plan with the Bankruptcy Court. The Bankruptcy Law requires that the payments you make through the plan to unsecured creditors have at least the value as what the creditors would have received if you had chosen to file a Chapter 7 case. Individuals, as well as persons who are self-employed or a sole proprietorship, may file a Chapter 13.

I filed bankruptcy, so can I file again?

If you filed more than 8 years ago, you can file again. If it has been less than 8 years, you probably can file a chapter 13 bankruptcy. I will be able to tell you what kind of bankruptcy you could file, and what would be the benefits. 

Can Creditors Stop Me From Filing A Chapter 13 Plan?

No, creditors can’t stop you from exercising your right to file. Creditors will sometimes tell you that they “will not accept the filing,” or they “prevent the Court from accepting the filing.” Don’t believe these statements. Let your lawyer advise you how your plan will work.

How Are New Bills Handled After Filing Chapter 13?

Chapter 13 mainly deals with your old bills. Payments for your usual living expenses, for mortgage or rent, food, clothing, insurance and utilities, will come out of your remaining income after your Chapter 13 plan is paid.

What Is Chapter 7 Bankruptcy?

Chapter 7 or “Straight Bankruptcy” allows an honest debtor to have the Court ‘discharge’ or cancel most debts in order to obtain a fresh start.

Will I Have To Go To Court?

You have to go to a meeting called the “meeting of creditors” (341 Hearing) to meet with the Bankruptcy Trustee. Most of the time the meeting is simple and short. You will be asked about your case.

What Does Bankruptcy Accomplish?

It stops wage garnishment and collection harassment, cancels out most debts, stops repossession of property and stops mortgage foreclosure.

Can I get rid of IRS taxes in bankruptcy?

Sometimes yes. Generally the answer depends on how old the taxes are, but there are very technical rules. Sometimes a payment plan can be set up within a bankruptcy case. 

What Is An Automatic Stay?

Once your Petition has been completed, reviewed and signed by you, it is filed in the Bankruptcy Court with your filing fee for filing with the Court. Once filed, a case number is assigned and the automatic stay is in effect. You will receive a notice from this office when this occurs. The Court notifies your creditors that you have filed Bankruptcy. While the automatic stay is in effect, the creditors are prohibited from making direct contact with you. If a creditor should contact you after the Bankruptcy Petition has been filed with the Court, inform them that you have filed Bankruptcy and any questions should be directed to our law office. In the unlikely event the creditor has further contact with you, please contact our office immediately with the name of the creditor (or their representative), their phone number and person’s name making contact with you.

Once the automatic stay is in effect, all suits, wage attachments and other collection activities against you will be stopped

Who Should I Discuss My Bankruptcy Matters With?

You should discuss your bankruptcy matters with this law firm. Do not discuss your matters with creditors or the Trustees. If a creditor should contact you after you have retained our service, simply tell them you have retained our law offices to represent you on bankruptcy filing and to contact our law firm in the future.

Will My Credit Rating Be Ruined For 7 Years?

Creditors will often say this to discourage you from filing Bankruptcy. There is no federal or state law that prevents you from buying on credit after Bankruptcy. Keep in mind that if you are 30 days behind on your bills, have been sued, had your wages attached, had a repossession or foreclosure, or have debts referred to a collection agency, you probably cannot buy on credit now. According to the Fair Credit Reporting Act, a Chapter 7 or Chapter 13 will go on your credit record, and may remain there for 10 years.

What's Being Said...

  • I am thankful and appreciate your professionalism and kindness through all our meetings. You took a horrible situation for me and made it a manageable one. I will always remember both you and your staff for all the help you extended to me.
    - Chapter 7 client, Sharon S.
  • Ms. Smith completed her client satisfaction questionnaire. She was very happy with your service and her interaction with your staff. I wanted to pass this along to remind you how much we, and the people you help, appreciate you and your office. Thank you.
    - A letter from the Legal Aid Society
  • I want to express our sincere thanks to you for being an outstanding attorney and for representing us for the duration of our 5 year chapter 13 payment plan. We very much appreciated having you stand by us for such a long period and being there for us in our times of need. We were blessed to have the privilege of being acquainted with your law firm.
    -Chapter 13 clients Philip & Connie
  • Please accept my note to say thank you for saving my property, I appreciate everything your office has done for me.
    – Chapter 13 client, John B.
  • Thank you for all your help with my financial situation. I am starting to finally feel some relief. I would highly recommend you to any future clients.
    - Lynn
  • I wanted to thank you for your very professional help. You made the process much less emotionally painful for both me and my husband. The bankruptcy was certainly the best option for us. We have come out the other side with a release of all the stress we were feeling. We are also getting back on our feet financially.
    - Dawn
  • Thank you for all of your words and understanding during my emotional tears throughout the roller coaster ride that wasn't letting me off. It was because of your hard work and dedication to my case that has finally stopped the roller coaster and has allowed me a fresh start. Thank you all from the bottom of my heart.
    – Mike and Deb

In The News

  • The Business Review – January 18th 2009 online “Bankruptcy lawyers work overtime to keep pace with increased filings

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  • The Business Review – September 22, 2008 “Reforms shift bankruptcy filings towards chapter 13

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  • The Business Review – January 15th 2010 “Bankruptcy lawyers forecast busy year on heels of 16% filing jump in ‘09

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  • The Business Review – September 22, 2008 “Despite 2005 reforms, bankruptcy is on the rise again

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  • The Times Union “EQUAL-OPPORTUNITY CALAMITY Bankruptcy filings increased in the first quarter, and not just by people living on the edge...

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We are a debt relief agency proudly assisting persons file for bankruptcy under the Bankruptcy Code. We serve clients in Fulton County, Montgomery County, Saratoga County, Warren, Washington, Albany, Rensselaer, Essex and Hamilton Counties