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Carl P. DeLuca, Attorney at Law, LLC

4060 Post Road, Warwick, RI 02886

401 384-0355 Call/Text

Bankruptcy Lawyer - Warwick, RI

Bankruptcy Lawyer

Warwick Bankruptcy Lawyer

Sometimes it’s impossible to pay the bills and you need the help of a bankruptcy lawyer. That’s why Congress created bankruptcy protection. If you’re in financial distress you’re not alone. The truth about bankruptcy is that it’s a financial tool. But you do need a bankruptcy lawyer to help you find the path through this difficult time. Otherwise, you may risk losing your hard-earned savings, property, and even your retirement funds.  Schedule a free consultation at our Warwick, Rhode Island office. Video consultations now available!

Call or text us at 401 384-0355

Why You Should Hire a Bankruptcy Lawyer

It is certainly possible for you to file a Chapter 7 Bankruptcy without hiring an experienced bankruptcy lawyer to represent you.  However, filing a Chapter 7 bankruptcy petition is a very precise and detailed process.  If you do not hire a bankruptcy lawyer and file your petition properly, there is a substantial risk that your Chapter 7 petition may be dismissed or that some of your debts might be ruled non-dischargeable.  You might not be able to retain some of your property that would otherwise have been exempted.   How the Bankruptcy Process Works in Rhode Island 

The prospect of filing for bankruptcy can be overwhelming and it’s easy to ignore the creditor calls and letters.  But do not wait to discuss your situation with our bankruptcy attorneys.  There is no charge for the review and there is a substantial risk to delaying particularly if you have been served with a summons.  Once you have been served if you don’t properly respond or file a bankruptcy petition, you may be defaulted.  Once you are defaulted your wages may be garnished and/or your property attached.  These problems may be dealt with in Bankruptcy Court but they add a layer of proceedings and cost to you that you can avoid by acting promptly.

Even if you haven’t been sued, our bankruptcy lawyers may be able to help you resolve your debts without having to file a Chapter 7 on your behalf. But if your situation doesn’t allow for a viable alternative to bankruptcy, we will process your bankruptcy in a way that minimizes your anxiety and maximizes your exemptions.   Contact us and speak with an experienced bankruptcy lawyer now.   We can guide you through the process and give you the support and direction you need to put yourself back on the path to financial security.

Credit Counselling Course

The Bankruptcy Reform Act of 2005 resulted in significant changes in bankruptcy law.  One of the new requirements is that people seeking to file for a Chapter 7 Bankruptcy must first take a credit counseling course provided by an approved agency before and after filing.  Most of my clients have found the courses very useful and the cost is negligible.

Since it is not possible to file for Chapter 7 Bankruptcy without taking these courses, if you are experiencing financial distress, I encourage you to take the pre-filing course right away.  The cost of the course is usually around $30.00 and may help you avoid filing bankruptcy entirely.  The course may be completed online and once completed, I can import your financial information into my own software which will give me the complete picture of your finances that I will need to advise you as to whether or not you should proceed to bankruptcy or try an alternative approach to getting your finances under control.

Call or text us at 401 384-0355

Getting a Loan Modification With or Without a Bankruptcy Lawyer

In Rhode Island, the Bankruptcy Court provides a Loss Mitigation Program, the purpose of which is to help you keep your house through a modification of your mortgage.  Of course, you can do a loan modification outside of the bankruptcy process without the help of your bankruptcy lawyer, but doing it during a bankruptcy under the supervision of the bankruptcy court levels the playing field a bit.  There are deadlines and a requirement of good faith the mortgage company is required to abide by in modification that occurs during a bankruptcy. The bankruptcy also prevents the mortgage company from acting on a foreclosure until and unless the court permits it.

A NOTE ABOUT COVID-19 UNEMPLOYMENT ASSISTANCE:

While the government is providing stimulus and relief options for people who are employed and for small businesses, many people are falling through the cracks. For those people, Chapter 7 and Chapter 13 bankruptcy relief provide some options. Chapter 7 can discharge your unsecured debts entirely, leaving you with your property and all of your retirement funds and giving you a fresh start.

Neither the stimulus money nor the $600 per week extra unemployment benefit you may have received count towards the Means Test or count as part of your income in determining your qualification for a Chapter 7 versus a Chapter 13. So, that won’t prevent you from receiving bankruptcy protection.

Schedule a free consultation at our offices located at 631 Jefferson Blvd, Warwick, Rhode Island office. If you prefer, video consultations are now available! Call or text 401 384-0355.  You can find our Contact Form to the right.

631 Jefferson Blvd, Warwick RI 02886
Apponaug, Rhode Island
Warwick, RI Divorce Court

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