Best Bankruptcy Attorneys in Lincoln

Frequently Asked Questions

• Where do I file for bankruptcy in Lincoln, Nebraska?

  To file for bankruptcy, Lincoln residents may submit their petitions to the United States Bankruptcy Court for the District of Nebraska. The court has its main office located in Omaha, which serves the entire state.

• Where can I get bankruptcy forms in Lincoln, Nebraska?

  Debtors in Lincoln can get bankruptcy forms from the United States Courts website at https://www.uscourts.gov/forms/bankruptcy-forms. The website of the United States Bankruptcy Court for the District of Nebraska, which can be accessed at www.neb.uscourts.gov, also offers bankruptcy forms that can be downloaded and printed.

• How much do attorneys charge for typical Chapter 7 and Chapter 13 bankruptcy proceedings in Lincoln and the state of Nebraska?

  The customary fees for Chapter 7 bankruptcy amount to $1,100.00, while standard Chapter 13 expenses total $4,200.00. In both Chapter 7 and Chapter 13 cases, Lincoln debtors must additionally undergo two counseling sessions, each priced at $20.00, resulting in a combined cost of $40.00 for these services. Furthermore, the Bankruptcy Court imposes filing fees of $338.00 for Chapter 7 and $313.00 for Chapter 13.

• Can Lincoln debtors keep their credit cards during a Chapter 13 bankruptcy?

  After filing Chapter 13 bankruptcy, it is only permissible for residents of Lincoln to retain their existing credit cards or acquire new ones if granted specific authorization by the court. While undergoing Chapter 13 bankruptcy proceedings, individuals are generally prohibited from incurring new debts. This restriction on credit card usage during bankruptcy serves multiple protective purposes, including the prevention of acquiring unsecured credit.

• Will a bankruptcy proceeding stop harassment against debtors in Lincoln?

  Yes, the act of filing for either Chapter 7 or Chapter 13 bankruptcy promptly halts any impending or active collection measures. Such actions encompass creditor communication, collection lawsuits, and wage garnishments. In some instances, the suspension of collection actions remains in effect until the conclusion of the bankruptcy case. Debtors in Lincoln can also exercise their rights under the federal Fair Debt Collection Practices Act and request that creditors cease contacting them.

• Does the act of filing for bankruptcy permanently destroy the credit of a Lincoln resident?

  No, because bankruptcy is removed from creditors' records after a period of 10 years, erasing its negative impact. Despite the impact of bankruptcy on Lincoln residents' credit, some credit card companies extend offers to them within a year following their bankruptcy. Additionally, debtors may become eligible to purchase a home in about two years. It's important to note that once individuals have filed for Chapter 7 bankruptcy, they are legally prevented from initiating a similar bankruptcy proceeding for the next eight years.

• What types of unsecured debts can be discharged in consumer bankruptcy cases in Lincoln?

  In some consumer bankruptcy cases in Lincoln, individuals who owe debts can effectively eliminate unsecured debts, such as personal loans, outstanding utility bills, and credit card debts. It is important to note, however, that student loan debt and tax debt usually cannot be completely eradicated through bankruptcy. Knowledgeable bankruptcy attorneys can guide debtors and provide them with detailed information about the specific types of debts that can be discharged.