Legal Question in Credit and Debt Law in Pennsylvania

We have a small business and got behind on money. we cashed "payroll" checks for ourselves at walmart. we did not bounce these checks. then our bank looked at our check cashing and put a hold on our account till they "figure things out". now we cannot cash checks to cover ourselves and we are going to be in to walmart for about $30,000.00. we would be able to pay this back over time but not if we go to jail. we have owned our small furniture business for 18 years.


Asked on 11/29/10, 5:29 pm

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

When you are in a situation in which it is difficult or impossible to repay your debts, you have several options. One is to negotiate with your creditors. However, that is time consuming, uncertain and possibly pointless if you do not have the ability to pay them. The second option is to ignore the debt. The creditors will hassle you, possibly sue you and could seize your assets and bank accounts. The third option is bankruptcy.

There are two types of bankruptcies for consumers, Chapter 7 and 13. The former is generally for those who simply require the elimination of unsecured debt such as credit cards. The latter is generally for those who have fallen behind in secured debt such as a mortgage. Chapter 13 allows you to repay any arrears over five years.

In each case, the filing of the bankruptcy creates what is known as an automatic stay. That prevents any creditor from taking any action whatsoever. They cannot call you, write you or sue you. Moreover, once we are retained, you can tell anyone who contacts you to contact us and that should provide you with some relief. Ultimately, when you receive a discharge order, the automatic stay becomes permanent.

Rest assured, I will provide you with clear and simple advice and information. If you call me and reach my voice mail, please feel free to leave a message as all calls are confidential.

Feel free to contact me at your convenience.

Very truly yours,

Matthew R. Nahrgang, Esquire

35 Evansburg Road

Collegeville, PA 19426

(610) 489-3041 ph

(610) 489-3042 fax

[email protected]

www.mnahrgang.com

Read more
Answered on 12/06/10, 12:16 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania