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Bankruptcy

Chapter 7, Chapter 13

Joyce Leary Clark has been filing consumer bankruptcy petitions in the District of Maine since 1991.  She has filed over 1000 cases for clients in Cumberland, York, Androscoggin, Sagadahoc, and Kennebec Counties.  If your case must be filed in a different county, Joyce can refer you to a trusted colleague closer to your home.

Joyce represents clients filing under Chapter 7 ("straight" bankruptcy) and Chapter 13 ("wage earner" plans).  During your consultation, she can explain the difference between the two chapters, and help you determine if filing under either chapter is the right decision for you.  If it would be more appropriate for you to file under Chapters 11 or 12, she can refer you to another attorney.

 

 

IF YOU PLAN TO FILE FOR BANKRUPTCY PROTECTION: 
     Please print out our client information worksheet, or save it as an Adobe file and fill it out on your home computer.
     Please also make sure to print out the checklist of documents, and provide as many as possible.  Some may not apply to you, in which case you should note "N/A" next to the item. 
  It is extremely important to provide complete and accurate information to your attorney and to the court.  Please make sure to be completely honest - even if you think an asset is unimportant or doesn't have much value, or you don't want to lose it.  



Pre-filing Dos and Don'ts

Bankruptcy Information Worksheet

Document Checklist

     

IF YOU ARE LOOKING FOR MORE INFORMATION ABOUT BANKRUPTCY OR DEBT RELIEF: 
The decision to file for bankruptcy protection is a difficult one.  Bankruptcy laws have changed many times over the years.  Many people have strong opinions about bankruptcy.  Some people believe it is morally wrong, or that it is an "easy way out."   Some people believe that they cannot file for bankruptcy protection because their income is too high.  Many people believe they can't file because they think they will lose their house, their car, or their job. 
 
A lot of the information circulating about bankruptcy is wrong.  You need the facts.
Even if you have a friend or family member who filed for bankruptcy protection in the past, your situation may be different.  The U.S. Bankruptcy Code and Maine's exemption statutes change.  Different states allow different exemptions (what property is protected from your creditors).  Courts in different states may interpret the U.S. Bankruptcy Code differently.  Therefore, you may have a different experience (positive or negative) than someone else. 

We work to offer professional services at reasonable prices.  While we understand that most people who are considering bankruptcy are strapped financially, we believe that most clients benefit from professional assistance, to ensure that their exempt property is protected and their debts discharged.  Clients also need competent legal advice to determine if filing for bankruptcy protection is the right decision for them.  

We offer a free initial consultation to discuss your options.  We help determine if you are eligible to file for bankruptcy protection, and if so, which chapter is right for you.  During the initial consulation, we will provide you with a written fee policy, a checklist of documents that we will need prior to filing your case, and a detailed client information worksheet so that we can complete your petition and schedules.  You can download the document checklist and client information worksheet from this page prior to your appointment.   

We are happy to arrange the required pre-filing credit counseling and post-filing debtor education courses for our clients.  Credit counseling and debtor education courses can be completed in-person, online, or over the phone.  Generally, we refer people to Institute for Financial Literacy (www.iflbk.org; 1-866-662-4932 - located at 260 Western Avenue, South Portland) or Money Management International (www.moneymanagement.org; 1-866-531-3814 - (formerly CCCS of Maine, located at 111 Wescott Road, South Portland).  There are many companies that offer these courses, but these are the only two companies that are located in Maine.  We like to work with local companies whenever possible, and many clients prefer to meet with a counselor in person.

The most recent amendments to the U.S. Bankruptcy Code classify attorneys who represent clients in bankruptcy court as "debt relief agencies."  By law, we are required to include  the following disclaimer in any advertising materials:  "We are a debt relief agency.  We help people file for protection under the Bankruptcy Code."

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