Business Details
About
Bankruptcy Attorney
The Law Offices of David B. Hathaway provides Chapter 7 and Chapter 13 bankruptcy services in Warwick, RI.
Details
- Requires appointmentNot available
- RestroomAvailable
- Onsite servicesAvailable
- Wheelchair accessible entranceAvailable
Location
Hours
Reviews
5.0
21 reviews
5 stars
21
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3 stars0
2 stars0
1 star0
- FHfernell harrisOct 1, 20255.0Great BK attorney with over 30 yrs of experience. Dave was very knowledgeable, patient and non judgemental with my chapter 7 case. I was able to restart my financial journey and keep my property. Dave's fees are very fair compared to others that I consulted with and even though it's not a big firm he gets the job done with professionalism. I would highly recommend Dave Hathaway for anyone seeking to file bankruptcy
- BBBellaJul 9, 20255.0Excellent attorney. Always listen and kind always answers his phone and texts. I am so thankful for this man. I highly recommend this attorney to anyone that is going through financial problems. Ty Dave your the best.
- HCHoward CimaglioJun 4, 20215.0Very helpful he's actually helping me with a case right now he's been a great help. so far go to attorney I would recommend them highly.10/28/21 .7:29pm we finished with the bankruptcy easy sailing, I highly recommend David Hathaway . Will recommend .
Frequently Asked Questions About Attorney David B. Hathaway
What is bankruptcy, and how does it work?
Bankruptcy is a legal process that provides individuals and businesses with relief from debts that they are struggling, or unable, to repay. It allows for the elimination, or in some cases, the restructuring, of the debt under the authority and protection of the United States Bankruptcy Court.
What are the different types of bankruptcy available?
The most common types of bankruptcy for individuals are either Chapter 7 or Chapter 13. Chapter 7 is a shorter, usually less complicated process with no form of repayment plan involved. In a Chapter 7 bankruptcy case, the dischargeable debt (normally things like credit cards, medical bills, and miscellaneous types of unsecured debt like, for example, old electric, cell phone, car insurance, and payday loan type bills) simply gets discharged. Chapter 13, on the other hand, usually involves some kind of repayment plan for the restructuring and repayment of all or a portion of the debt.
Will filing for bankruptcy stop creditors from contacting me?
Yes. Once you file for bankruptcy, an automatic stay immediately goes into effect. This stay, which actually is a federally imposed injunction, requires that creditors immediately stop contacting you, garnishing your wages, or pursuing lawsuits against you.
How will bankruptcy affect my credit score?
Filing a bankruptcy case will, no doubt, initially negatively impact your credit score. However, particularly over the last several years, many individuals who have filed bankruptcy cases through my office have found that their credit scores have shown marked improvement within a relatively short period of time.
Can I keep my house and car if I file for bankruptcy?
Yes, almost certainly. In Chapter 7 bankruptcy cases filed here in Rhode Island, it is highly unusual for anyone to not be able to retain their home or vehicles. That is because the applicable federal or Rhode Island state exemption statutes (which govern what you are permitted to retain through a Chapter 7 bankruptcy case) are extremely generous. This is, however, one of several areas where it is extremely important for you to have experienced legal representation when filing for bankruptcy protection. In over 25 years of practice, I have never had a client lose a house, vehicle, or other tangible asset, except in very, very rare instances when such loss was expected at the outset of the case.
What debts can be discharged through bankruptcy?
Most unsecured debts, such as credit cards, medical bills, and miscellaneous types of unsecured debt like, for example, old electric, cell phone, car insurance, and payday loan type bills, can be discharged in a bankruptcy. However, certain debts, like student loans, child support, alimony, and certain tax obligations, typically cannot be discharged.
Do I have to go to court if I file for bankruptcy?
No. Since the pandemic hit in 2020, the bankruptcy process here in Rhode Island normally only involves attendance at a Zoom meeting called a “Section 341 Meeting of Creditors.” My clients come to my office to virtually attend this Zoom meeting, which typically takes place approximately 25 days after their case is filed and almost always lasts for less than 8 minutes.
How much does it cost to file for bankruptcy?
The cost of filing for bankruptcy includes the Bankruptcy Court filing fee and the attorney fee. For a Chapter 7 bankruptcy case filed in Rhode Island, the Bankruptcy Court filing fee is currently $338. For a Chapter 13 case, the Bankruptcy Court filing fee is $313. It is rare that my attorney fee for any Chapter 7 case is in excess of $1,200. It is also rare that my “up front” attorney fee in a Chapter 13 bankruptcy case exceeds $1,200, although I will typically receive via the Chapter 13 Trustee (out of the payments made by my clients as part of their Chapter 13 repayment plans) a post-filing fee of approximately $2,000 to $2,500.
How long does the bankruptcy process take?
The duration of the bankruptcy process depends on the type of bankruptcy case filed. A Chapter 7 bankruptcy case typically takes approximately 90 days to complete from start to finish. A Chapter 13 case, which involves some form of repayment plan, can last between 36 and 60 months.
Will everyone know that I filed for bankruptcy?
Bankruptcy filings are public records, so theoretically, anyone could access the information necessary to determine that someone had previously filed a bankruptcy case. However, bankruptcy filings are not commonly publicized, and it is very unlikely that people outside of your creditors and legal representative will become aware of a bankruptcy filing unless you tell them.
What types of bankruptcy services does Attorney David B. Hathaway provide?
Attorney David B. Hathaway provides Chapter 7 and Chapter 13 bankruptcy services in Warwick, RI.
How does filing for bankruptcy stop creditor harassment?
Filing for bankruptcy triggers an automatic stay, a federal injunction that requires creditors to stop contacting you, garnishing wages, or pursuing lawsuits immediately.
What debts can typically be discharged through bankruptcy?
Most unsecured debts such as credit cards, medical bills, and some utilities can be discharged. Debts like student loans, child support, alimony, and certain taxes are usually not dischargeable.
Will I lose my house or car if I file for bankruptcy with Attorney David B. Hathaway?
Almost certainly not. Rhode Island exemptions are generous, and it is highly unusual to lose your home or vehicles in Chapter 7 bankruptcy cases handled by Attorney Hathaway.
What are the business hours for Attorney David B. Hathaway's office?
The office is open Monday to Friday from 8:00 AM to 6:00 PM, and on Saturday from 10:00 AM to 2:00 PM. It is closed on Sundays.
Is Attorney David B. Hathaway's office accessible for individuals with disabilities?
Yes, the office has wheelchair-accessible entrances, seating, and restrooms, including unisex and accessible restrooms.
What payment options are accepted at Attorney David B. Hathaway's office?
They accept American Express, Cash, Check, Discover, MasterCard, PayPal, and Visa.
What nearby medical facilities can I visit after consulting Attorney David B. Hathaway?
Nearby medical facilities include Centerville Podiatry, Brightside Behavioral Health, New England Medical Office, and care well urgent care, which can be convenient for additional healthcare needs.
Are there nearby real estate services to consider when addressing financial issues with Attorney David B. Hathaway?
Yes, nearby real estate agents such as Keller Williams Coastal Realty, St Germain Real Estate Group, and The Dias Team can assist clients with real estate concerns related to bankruptcy or financial planning.
Can nearby professional and legal services complement the bankruptcy services offered?
Yes, nearby professional services like Synergy Behavioral Health Management and legal offices such as Law Offices of Jeremy M. Rix can provide additional support in marketing or real estate law, complementing bankruptcy solutions.