Consumer Bankruptcy Lawyers in Warwick, Rhode Island

Find the right Consumer Bankruptcy attorney in Warwick, RI

Bankruptcy is a legal process allowing an individual or business to have some or all of their debt discharged. It is almost always considered as a last resort because it can have some negative long-term consequences which must be considered, even if you eventually decide that they are outweighed by the benefits. Bankruptcy is controlled by federal law, and proceeds in federal courts. So, the process for filing for bankruptcy in Rhode Island will be very similar to the process everywhere else in the U.S. However, individual bankruptcy courts have different rules for exemptions, so it might be a good idea to consult with a local lawyer in Warwick, Rhode Island before filing.

Chapter 7 Bankruptcy in Warwick, Rhode Island

There are 2 common forms of bankruptcy in Warwick, Rhode Island. They are known as Chapter 7 and Chapter 13 Bankruptcy. Chapter 7 liquidates part of the debtor's assets. It requires a certain percentage of the debtor's assets to be sold off to pay as much of his or her debt as possible. However, many forms of property that most people own are exempt, meaning that they don't need to be sold. This often includes houses, vehicles, insurance policies, and essential personal items, like clothing. These assets are not available to creditors.

Once the non-exempt property is sold, the rest of the dischargeable debt is excused. Some forms of debt, however, is non-dischargeable, including student loans, criminal fines, and others. If most of your debt in Warwick, Rhode Island is not dischargeable, Chapter 7 may not be the best option.

Chapter 13 Bankruptcy in Warwick, Rhode Island

Chapter 13 bankruptcy in Warwick, Rhode Island is markedly different. It may or may not be a better option than Chapter 7, depending on the facts of your particular case. Chapter 13 bankruptcy does not eliminate debt, it restructures it. This involves a court coming up with a new repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original agreements that created the debt in the first place. This creates a new payment structure, usually involving a single monthly payment, that the debtor should find manageable.

Which Type of Consumer Bankruptcy Should I File in Warwick, Rhode Island

Which Bankruptcy type to file under depends strongly on the facts of each individual case. If you have a stable stream of income (enough to make a payment plan manageable), and a large amount of non-exempt property that you don't want to part with, Chapter 13 may be best for you. If you don't have a stable income or large amounts of non-exempt property, you may be better off filing for Chapter 7.

In any case, you should talk with a local Warwick, Rhode Island bankruptcy lawyer. Your lawyer can advise you of your options and inform you of their likely consequences. This will make it much easier for your to make an informed choice.

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Life in Warwick

Warwick, Rhode Island is the second largest city in the small state of Rhode Island with a population of just under 90,000 residents. The sizeable city is on almost 50 square miles and is home to the main airport in Rhode Island as well as the Rhode Island National Guard. Warwick was founded in 1642, and is a city with some major historical significance. Warwick was the site where the first shot was fired in the American Revolution, and was also the site for many other important battles that ultimately led to America's independence. Not surprisingly, there are many relics to commemorate the various sites throughout the city. Warwick has come a long way from its roots and is a popular place to live and visit in Rhode Island. It is no wonder that Warwick attracts some of the state's top professionals to live and practice in it's borders. Warwick lawyers are trained at some of the nation's top law schools and are skilled in a range of practice areas. Warwick lawyers, along with the rest of the Warwick workforce are just one more reason that makes this city so wonderful.

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