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Best Bankruptcy Attorneys in Birmingham

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Alabama Bankruptcy Relief Center logo
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Alabama Bankruptcy Relief Center

2700 Corporate Drive Suite 200, Birmingham, AL 35242
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Alabama Bankruptcy Relief Center serves clients in Birmingham and nearby areas. It helps customers obtain financial freedom by providing them with legal assistance in filing for chapter 7 or chapter 13 bankruptcy. Matt Davis, the primary attorney at the firm, analyzes clients' specific financial situations, explains to them their legal options, and develops strategies to help them overcome debt and avoid property seizures. Davis is a member of the Alabama National Guard and has authored several books.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (35)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Allums Welsch PC logo
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Allums Welsch PC

506 18th Street North, Bessemer, AL 35020
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Allums Welsch PC is a general practice law firm that caters to individuals, families, and individuals in the Birmingham metro. It takes on various aspects of bankruptcy law, helping clients resolve foreclosures issues. The legal office assists debtors in filing chapters 7 and 13 bankruptcy disputes. It also handles cases related to personal injury, probate, and family law. Founder Scott Allums established the firm in 2001. He is a member of the National Association of Consumer Bankruptcy Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Benton, Centeno & Morris, LLP logo
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Benton, Centeno & Morris, LLP

2019 Third Avenue North, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Benton, Centeno & Morris, LLP, serves individual and commercial clients in Birmingham and the surrounding metros. The firm helps clients in bankruptcy proceedings, initiated by either an individual or a business. It assesses their financial dilemmas and devises strategies that match their specific needs and circumstances in situations where filing for bankruptcy may not be the only option. Partner Brenton K. Morris is a member of the Bankruptcy and Commercial Law Section of the Alabama State Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Birmingham Men’s Law Firm, LLC logo
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Birmingham Men’s Law Firm, LLC

2016 10th Ave S Ste 101, Birmingham, AL 35205
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  • Chapter 7 Bankruptcy
  • Credit Card Debt

Business Description

Birmingham Men's Law Firm, LLC, represents clients in family law, bankruptcy, and social security disability cases. Gregory C. Starkey established the firm to advocate for the rights of husbands, fathers, and other men dealing with divorce and other family law issues. To assist clients struggling with debt and foreclosure following a divorce, the firm has added bankruptcy to its practice. The firm offers help with chapter 7 bankruptcy, which provides a fresh start for the clients' financial future.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.4 / 5 (41)
Avvo
4.0 / 5 (17)
Facebook
4.6 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Brent W. Davis & Associates, LLC logo
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Brent W. Davis & Associates, LLC

2473 Valleydale Rd Ste B, Birmingham, AL 35244
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Credit Card Debt
  • Debt Settlement
  • IRS Tax Debt

Business Description

Established in 1997, Brent W. Davis & Associates LLC in Birmingham, Alabama, helps consumers in Pelham, Homewood, and Birmingham exercise their rights under the U.S. Bankruptcy Code. Mr. Davis primarily represents petitioners in Chapter 7 filings who are looking to be rid of debt and start fresh. He also takes on Chapter 13 cases, which involve avoiding foreclosure, repossession, wage garnishment, and tax liens through debt reorganization and rehabilitation. Free consultations are available.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
5.0 / 5 (3)
Avvo
2.5 / 5 (3)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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C. Taylor Crockett, P.C. logo
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C. Taylor Crockett, P.C.

2067 Columbiana Road, Birmingham, AL 35216
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

C. Taylor Crockett, P.C. is a bankruptcy attorney based in Birmingham. He protects clients from creditor harassment and helps them discharge debts resulting from unsecured loans, medical bills, and credit cards through chapter 7 bankruptcy filing. The attorney assists clients in reorganizing debt through chapter 11 bankruptcy and handles chapter 13 bankruptcy cases. A former bankruptcy law adjunct professor, Crockett has nearly 30 years of experience in the bankruptcy industry.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.8 / 5 (36)
Facebook
5.0 / 5 (1)
Avvo
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Clark Law Firm logo
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Clark Law Firm

2100 1st Ave N, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Clark Law Firm offers legal guidance and representation from its Birmingham location. One of its practice areas is bankruptcy. Whether clients are looking to reorganize or liquidate debts, the firm provides assistance in chapters 7, 11, and 13 bankruptcy filings. It is headed by John W. Clark IV, who has a master's degree in Banking and Finance. In addition to debtors, the attorney represents small and mid-sized businesses in shareholder disputes and real estate transactions.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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––
Greenway Bankruptcy Law logo
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Greenway Bankruptcy Law

2024 3rd Ave N., Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Credit Card Debt
  • Debt Settlement
  • Student Loan Debt

Business Description

Greenway Bankruptcy Law provides legal assistance to clients in Birmingham. Paula Greenway, the firm's founding attorney, has over two decades of experience handling matters concerning bankruptcy law. She and her team represent clients in cases involving chapters 7 and 13 proceedings. The lawyer also assists with personal bankruptcy, student loans, debt negotiation, and foreclosure defense. Greenway exclusively deals with consumer clients. Her goal is to guide clients in making a fresh financial start.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (12)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Jaffe & Erdberg logo
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Jaffe & Erdberg

600 20th Street North, Suite 400, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Jaffe & Erdberg in Birmingham provides legal assistance to clients with Chapter 13 and Chapter 7 bankruptcy cases. The firm helps with various legal tasks, from settling debts to improving its clients’ credit scores. It is also committed to maintaining an open line of communication that enables its clients to make informed decisions throughout their cases. Principal attorney Mark D. Erdberg is associated with Alabama Association for Justice and has two published articles in the Journal of the Legal Profession.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Google
4.2 / 5 (29)
Facebook
5.0 / 5 (1)
Avvo
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Jordan Law Firm, LLC logo
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Jordan Law Firm, LLC

1900 Crestwood Blvd Suite 113, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Jordan Law Firm, LLC, provides legal services throughout the Birmingham metro. With a concentration on bankruptcy, its team of attorneys helps relieve individuals of financial worries. They clear up the confusion surrounding bankruptcy and guide clients on the brink of financial ruin to get back to their lives. The firm takes on chapters 7 and 13 bankruptcy matters. Jordan Law Firm, LLC, also assists with estate planning, family law, and criminal defense. The firm was founded in 2007.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
Lagman Law Office logo
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Lagman Law Office

One Perimeter Park South Suite 100N, Birmingham, AL 35243
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Lagman Law Office offers its services to people in Birmingham dealing with overwhelming debt. It helps clients find relief under the bankruptcy code, whether through filing a chapter 7 or 13 petition. Its attorney also provides representation to those considering filing an adversary proceeding against someone who has filed bankruptcy. Henry Lagman, the firm's principal, has more than 40 years of legal experience. He is a former president of the Shelby County Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices of Ted Stuckenschneider PC logo
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Law Offices of Ted Stuckenschneider PC

222 20TH St N STE 400, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

For more than four decades, the Law Offices of Ted Stuckenschneider, P.C., has been representing clients in Birmingham and neighboring areas facing financial issues. The firm offers pre-bankruptcy credit counseling and aid in filing a chapter 7 debt liquidation case or chapter 13 bankruptcy case to help clients avoid creditor harassment and become debt-free. It also provides debt consolidation programs as an alternative to bankruptcy. Founding attorney Ted Stuckenschneider has been a board-certified consumer bankruptcy attorney since 1999.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (10)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Marcus A Jones III, P.C. logo
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Marcus A Jones III, P.C.

300 Richard Arrington Jr Blvd North Suite 200, Birmingham, AL 35203
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  • Debt Settlement

Business Description

Marcus A Jones III, P.C. is a second-generation family-run law firm that represents individuals facing bankruptcy in Birmingham. The firm has been taken over by Marcus A. Jones III, the son of the founder, who serves clients as a general practice attorney with a focus on criminal defense, family law, and probate cases. For over 30 years, he has been helping people get out of debt and regain financial control. He also serves as a judge on an as-needed basis.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (5)
Avvo
5.0 / 5 (3)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Helpfulness
Detail
Martin Law Firm, LLC logo
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Martin Law Firm, LLC

205 20th St. N. Suite 623, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy

Business Description

Martin Law Firm, LLC, is a practice operating in Birmingham. It provides consultation services in handling bankruptcy proceedings to educate clients about their options for debt relief. Its sole practitioner, Keith Randal Martin, handles chapters 7 and 13 cases for individuals, families, and businesses. He has been practicing law since 2001 and previously provided assistance for cases involving domestic relations, personal injury, and criminal defense. His firm also offers foreclosure services for home loan debts, right of redemption, and sale on the courthouse steps.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (10)
Google
5.0 / 5 (5)
Avvo
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Maynard Cooper Gale logo
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Maynard Cooper Gale

1901 Sixth Avenue North Suite 1700, Birmingham, AL 35203
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  • Chapter 11 Bankruptcy
  • Creditor Representation

Business Description

Maynard Cooper Gale is a full-service law firm that caters to the legal needs of local, national, and international businesses and non-profits in Birmingham and the surrounding areas. Its group of attorneys represents both creditors and debtors in bankruptcy matters involving debt restructuring, loan workouts, foreclosures, receiverships, and Chapter 11 bankruptcy proceedings. They work with clients from various industry sectors, including automotive, banking, construction, education, and insurance. The firm was ranked the "Leading Firm"​ in Chambers USA in 2022.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Helpfulness
Detail
––
Russo, White & Keller, P.C. logo
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Russo, White & Keller, P.C.

315 Gadsden Highway Suite D, Birmingham, AL 35235
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Russo, White & Keller, P.C. has been providing legal representation in Birmingham and the neighboring areas since 2001. The legal office handles a range of bankruptcy cases and consumer litigation cases. Its attorneys collectively assist individuals and families in navigating through bankruptcy laws to help them protect their rights and properties. The firm also helps in filing bankruptcy, consolidating debt, and stopping creditor harassment. The legal team of Russo, White & Keller, P.C. has a combined legal experience of over 75 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.5 / 5 (25)
FindLaw
5.0 / 5 (8)
Avvo
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
The Cain Law Firm, LLC logo
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The Cain Law Firm, LLC

950 22nd St N, Birmingham, AL 35203
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  • Creditor Representation

Business Description

The Cain Law Firm, LLC, is a full-service practice providing representation for clients in Birmingham. It deals with bankruptcy and creditor law cases including pre-bankruptcy negotiations, investigation and litigation of preferences, fraudulent transfers, class actions, and other potential estate causes of actions by focusing on creditor's rights. The firm also handles employment, entertainment, family, criminal law, and civil suits. Tanita Cain, the firm's founder, is recognized by the Birmingham Business Journal as one of the Top 40 under 40.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Avvo
4.3 / 5 (16)
Google
4.7 / 5 (9)
The Law Offices of Jimmy R. Calvert logo
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The Law Offices of Jimmy R. Calvert

2 Perimeter Park South, Suite 370 East, Birmingham, AL 35243
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Offices of Jimmy R. Calvert handles the bankruptcy cases of clients in Birmingham. It provides assistance in filing chapter 7 bankruptcy, helping analyze the clients' debts, reaffirm their secured debts, and determine their property exemptions. It also handles Chapter 13 bankruptcy cases, which involve representing clients in hearings and establishing payment plans with creditors. Founder Jimmy R. Calvert practices probate and estate planning litigation, personal injury, wrongful death, and divorce law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (12)
Facebook
5.0 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
The Law Offices of Stephen H. Jones Attorney at Law logo
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The Law Offices of Stephen H. Jones Attorney at Law

2015 1st Ave N, Birmingham, AL 35203
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Offices of Stephen H. Jones Attorney at Law offers legal services from its offices in Bessemeer and Birmingham. The firm's practice areas include bankruptcy. Its attorney, Stephen H. Jones, protects debtors from foreclosures, repossessions, garnishments, and creditor harassment through chapter 7 and 13 bankruptcy filing. The lawyer, who has been in practice for more than two decades, also assists clients with contested divorces and handles personal injury claims along with probate and criminal matters.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Avvo
5.0 / 5 (11)
FindLaw
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Tommy Allen French, Attorney at Law logo
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Tommy Allen French, Attorney at Law

800 Watterson Curv Ste 101, Trussville, AL 35173
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Debt Settlement

Business Description

Based in Birmingham, Alabama, Tommy Allen French, Attorney at Law, offers compassionate and knowledgeable bankruptcy representation to consumers and businesses in the Greater Birmingham metro area. Mr. French has been practicing law for more than a decade. His practice primarily files Chapter 7 actions, designed for debtors looking for a fresh start on their finances, and Chapter 13 petitions, designed for debtors looking to reorganize debts and enjoy a more affordable repayment plan.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (11)
Google
5.0 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Wallace, Jordan, Ratliff & Brandt, LLC logo
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Wallace, Jordan, Ratliff & Brandt, LLC

800 Shades Creek Pkwy Ste 400, Birmingham, AL 35209
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  • Creditor Representation
  • Chapter 11 Bankruptcy

Business Description

Wallace, Jordan, Ratliff & Brandt LLC is a legal practice serving clients throughout Birmingham. The firm represents creditors and bankruptcy committees in all aspects of bankruptcy litigation, including Chapter 11 reorganizations, involuntary petitions, avoiding power litigation, and other adversary proceedings. The outstanding bankruptcy attorneys in Birmingham also advise lenders on methods for improving documentation and complete transactional bankruptcy work, such as asset purchases and debt-in-possession financing. Other practice areas include antitrust, appellate, and taxation law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Watts & Herring, LLC logo
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Watts & Herring, LLC

301 19th Street, Birmingham, AL 35203
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  • Credit Card Debt
  • Debt Settlement
  • IRS Tax Debt

Business Description

Watts & Herring LLC in Birmingham, Alabama, helps consumers file for bankruptcy protection under the U.S Bankruptcy Code. This seasoned firm helps consumers apply for relief with bankruptcy declaration under Chapter 7 or Chapter 13 with a goal of debt elimination and discharge or debt reorganization to ensure a manageable payment over the course of up to five years. The firm also offers credit harassment representation and credit counseling services.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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––
Back to Providers

Frequently Asked Questions

What does a bankruptcy attorney do?

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

What happens when you file bankruptcy?

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Can you file bankruptcy on student loans?

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

What is bankruptcy fraud?

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

How long is bankruptcy on public record?

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Does bankruptcy clear tax debt?

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.


Can they take my car in Chapter 7 bankruptcy?

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

How bad is it to file bankruptcy twice?

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Can anyone file bankruptcy?

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

How will bankruptcy affect my credit score?

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

What are the benefits of filing for bankruptcy?

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

What's the difference between debt settlement and bankruptcy?

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

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