David Weston, Attorney At Law

Bankruptcy isn't a solution for every financial difficulty, nor is it appropriate for everyone. It generally cannot eliminate the rights of secured creditors who have taken mortgages or liens on property as loan collateral, such as car loans and home mortgages. While you can arrange payments over time and eliminate obligations for additional money if you surrender the property, you typically must continue payments to keep secured property. Bankruptcy also cannot discharge certain debts like child support, alimony, most student loans, court restitution orders, criminal fines, or debts that arise after filing or weren't listed in your petition.

The law provides four bankruptcy options: Chapter 13 allows individuals to repay all or part of their debts over several years using current income. Chapter 7, known as straight bankruptcy or liquidation, requires surrendering non-exempt property to pay creditors. Chapter 11 reorganization serves businesses and individuals with very large debts. Chapter 12 is specifically for family farmers and fishermen. Most individuals file either Chapter 7 or Chapter 13, and either can be filed individually or jointly by married couples.

In most cases, you won't lose your home or car during bankruptcy if your equity is fully exempt. Even with non-exempt property, Chapter 13 allows you to keep assets by paying their non-exempt value to creditors. However, creditors with security interests (mortgages or collateral agreements) retain these rights during bankruptcy. If you don't make payments, they may take and sell the property with court permission. Chapter 13 offers options to keep secured property by paying its value rather than the full debt amount, or by catching up on back payments. In Chapter 7, you can retain collateral by continuing payments, paying the property's worth, or in some cases, challenging the debt. Household goods used as collateral can usually be kept without additional payments.

Bankruptcy eliminates most debts, with several exceptions. It typically won't discharge child support or alimony obligations, most fines and penalties owed to government agencies, many taxes (though most can be paid through Chapter 13), student loans, debts not listed on your petition, loans obtained through false information, debts from willful and malicious harm, debts from driving while intoxicated, and unpaid mortgages or liens. However, bankruptcy will eliminate your obligation to pay additional money if a creditor sells property securing a debt.

For most bankruptcy cases, you'll only need to attend a 'meeting of creditors' with your attorney to meet the bankruptcy trustee and any creditors who choose to appear. This meeting is typically brief, involving questions about your bankruptcy forms and financial situation. If complications arise or you dispute a debt, you might need to attend a hearing. In Chapter 13 cases, you may also need to appear when the judge evaluates your repayment plan. If court attendance is required, you'll receive adequate notice from both the court and your attorney.

David Weston, Attorney At Law specializes in Chapter 7 and Chapter 13 Bankruptcy services.

The office is open Monday through Friday from 8:30 AM to 5:00 PM and closed on weekends.

Yes, after-hours appointments are available upon request.

You can call the main phone number at +1 334-265-4477 or email notice@davidweston.org for a free initial consultation.

The office is located at 7515 Halcyon Pointe Dr, Montgomery, AL 36117, USA.

Yes, David Weston is a member of the Alabama State Bar Association.

Yes, nearby law firms include Anderson, Williams, & Farrow, Chip Nix, Attorney at Law, H.E. Chip Nix, Attorney at Law, and Webb & Eley.

Nearby financial services include Marion Community Bank | Montgomery Branch, Morgan Stanley Financial Advisors, Raymond James Montgomery Al Branch, and Millsap & Overby Wealth Management.

Yes, BurgerFi is a nearby restaurant offering American and burger options, convenient for a meal before or after your appointment.

Clients can access services like Montgomery Psychiatry & Associates for mental health support or Surgical Dermatology Group for medical consultations in the vicinity.