If you have been adversely affected by the pandemic, please visit the State of Indiana website at https://www.indianahousingnow.org and/or the City of Indianapolis website for Marion County residence at https://indyrent.org. At these sites you can seek assistance that can help you stay in your apartment or home.

If these grants are not enough help, and you are having other financial difficulties, Sawin & Shea LLC are available for a free phone or video consultation.

For more information on bankruptcy and evictions please see some additional video and articles here.

COVID-19, The Cares Act and Credit Reporting

Are You Having Trouble Paying Rent & Looking at Eviction During the COVID-19 Crisis?

How Does The 2020 Cares Act Affect A Chapter 13 Bankruptcy?

Can I Protect My Home and Personal Property in Bankruptcy?

The post Indiana Rental Assistance Program appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

Transcript:

Yes. Hello. Good afternoon, Richard Shea here with Sawin and Shea. As you are aware, due to COVID-19, there had been a lot of moratoriums on place regarding debt collection and especially related to utilities. Well, as noted in the Indianapolis Star, just yesterday, those moratoriums are starting to come to an end.

So let’s talk a little bit about what to do if you’re in a situation where you are behind in your utilities and you’re facing potential shut off or termination of your utilities. The first step is of course, to try to contact the utility, either IPL or the gas company, to try to work out some payment arrangements that’s satisfactory to you and them that will allow you to maintain utility service. But at the same time, if that doesn’t happen and they are shutting off your utilities, or you have already been shut off, bankruptcy may be an option to help you there. With a bankruptcy filing the utility is required by law to reinstate your service or to stop from terminating your service. At that point in time, we can use the bankruptcy code to then set up a reasonable security deposit, or have a hearing to determine what that security deposit should be moving forward. There are caveats and restrictions you must meet to maintain those services, but at least get your utilities back on. Keep your lights on, keep your water on, keep your gas on so that you can still live a comfortable life.

If you have questions or need help, please feel free to give us a call. Thank you much.

The post Indianapolis Moratoriums Ending – Potential Utilities Shut Off appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

How Do I Protect My Home During Bankruptcy?

During your bankruptcy, you can protect your home in two main ways. The first is through a homestead exemption, which covers residential real estate equity (what you own of your house when you consider what you owe against it) up to a certain amount. In Indiana, a debtor filing for Chapter 7 bankruptcy can protect up to $19,300 per person in residential real estate or mobile home. There is also a personal property exemption that protects equity in nonresidential real estate and personal property up to $10,250.

Another route to protecting your home is to use bankruptcy to halt a foreclosure, which is usually possible all the way up to the point of a sheriff’s sale. So if you’re about to lose your home, you may be able to use bankruptcy to stop the process.

How Can I Protect My Personal Property?

If you have personal property, you’d like to save during a Chapter 7 bankruptcy, there is a personal property exemption of up to $10,250 per person to protect it. This covers the (liquidation) value of your household goods, furniture, electronics, clothing, and equity in your vehicle. It is rare that there is a problem with a person having too much personal property. The other main category of exemptions is called intangible assets. This would include cash or cash equivalents such as bank accounts, claims against others for damages, bank accounts, non-retirement stock or bond holdings, tax refunds, and money people owe you. We can held each person in a bankruptcy hold onto $400 of intangibles available on the date the case is filed. In addition, there are exemptions for health aids, retirement plans, health savings accounts, spendthrift trusts and military equipment and others.

Do Exemptions Automatically Protect My Property?

Here’s something many people don’t realize: Exemptions are not automatic. Your belongings won’t automatically be protected, even if you qualify for exemptions. To ensure your property is covered by exemptions, you must apply for them when you file your other bankruptcy paperwork. A bankruptcy attorney can help you understand your exemption options and file for them efficiently and correctly.

Can Anyone Object to My Exemptions?

An interim bankruptcy trustee will review your exemptions and see if they are allowable under bankruptcy law. Usually, they will work with you to ensure you receive the right exemptions. But if they believe you are being deceptive or trying to use exemptions in bad faith, they may file an objection with the court to deny them. Seek the advice of a bankruptcy attorney who can help you use Indiana exemptions successfully.

What if I Have Assets that are Not Exempt?

If you have assets that exceed the allowed exemptions, your attorney will discuss options, such as a Chapter 13 bankruptcy, that can help you hang onto items that might be taken for the benefit of your creditors in a Chapter 7.

Sawin & Shea – Indianapolis Bankruptcy Attorneys

Filing for bankruptcy is not the end. It’s the beginning of a new financial life for you. The Indiana bankruptcy attorneys at Sawin & Shea can help you get rid of the overwhelming debt and advise you on life after bankruptcy.  We are here for you during this life-changing process. Please do not hesitate to call us today at 317-759-1483 or send an email for a free consultation. We are ready to help.

The post Can I Protect My Home and Personal Property in Bankruptcy? appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

At Sawin & Shea, our clients are often concerned about having low credit scores. They wonder if bankruptcy will make the situation worse. On the contrary, bankruptcy can actually improve your credit and get you back on your feet financially. Here’s how an Indiana bankruptcy can help re-establish your credit.

Will Bankruptcy Ruin My Credit Score?

While we completely understand why you’d worry that bankruptcy could harm your credit, let’s clear something up. Bankruptcy is actually a route to improving your credit score, not making it worse. Many of the clients we see at the offices of Sawin & Shea arrive at our doorstep with very low (bad) credit scores. However, after they file for bankruptcy, they can often achieve a better score fairly quickly. An even higher score is absolutely within reach after your bankruptcy is complete.

How Does Bankruptcy Help My Credit Rating?

Bankruptcy significantly reduces or eliminates your legal responsibility to pay the vast majority of your debt. During the bankruptcy process, we will plan how best to discharge your creditors and force them to stop hounding you for payments. By the time you wrap up your bankruptcy, you will have a much “cleaner” platform to start making your credit better. In fact, you might even find yourself receiving fresh credit offers because those companies realize you’ve taken a responsible step toward financial stability.

Will I Ever Be Able to Buy a Car or House Again?

While buying a car or a house is usually not possible during a Chapter 7 bankruptcy, after it concludes you will have a new start financially. If you do the right things with your credit after bankruptcy, buying a car or house at a good interest rate will be available to you in the future. For a Chapter 13 bankruptcy, you may be able to buy a house during your bankruptcy with the approval of the trustee or the bankruptcy court. Chapter 13 bankruptcy can be a good choice for homeowners who wish to protect their house and ensure their family remains safe and secure at home.

How Difficult Is It to File for Bankruptcy and Re-establish My Credit?

Filing for bankruptcy is easier with the help of an Indiana bankruptcy attorney. You’ll work with your attorney to create a plan that accommodates your lifestyle and your level of income, so you can pay your bills on time every month. Remember, filing for bankruptcy isn’t simply about looking good to creditors and having a stellar credit score. The most important part is creating a new financial payment plan you can manage, so you can settle your financial problems now and look ahead to a better future.

Sawin & Shea – Indianapolis Bankruptcy Attorneys

Filing for bankruptcy is not the end. It’s the beginning of a new financial life for you. The Indiana bankruptcy attorneys at Sawin & Shea can help you get rid of the overwhelming debt and advise you on life after bankruptcy.  We are here for you during this life-changing process. Please do not hesitate to call us today at 317-759-1483 or send an email for a free consultation. We are ready to help.

The post If I File For Bankruptcy, What Happens To My Credit Rating? appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

When you file for a Chapter 7 bankruptcy in Indiana the law provides for bankruptcy exemptions for real and personal property that you can keep. A Chapter 7 bankruptcy is a liquidation. This means that the court is looking for non-exempt stuff that you own that they could sell to make some money to pay your creditors something. This doesn’t mean you should give up on saving your assets when you file for bankruptcy. Indiana’s exemptions can be used to protect your home, insurance benefits, retirement funds, sentimental items, and more. Here’s how bankruptcy exemptions work in the state of Indiana.

How Does A Bankruptcy Exemption Protect My Home?

Indiana’s homestead exemption is $19,300 of equity per filer. The frustrating part is that $19,300 isn’t much home value. If you’ve already paid off the mortgage on a $100,000 home, it would be heartbreaking to lose it. Even the family cabin your grandfather built with his own two hands could be sold at auction. However, don’t let this put you off filing for bankruptcy. Your attorney can help you use exemptions to protect your assets. If you select Chapter 13 bankruptcy, you might have a good shot at saving your home.

Does Indiana Have an Auto Exemption?

The answer to this is both yes and no. Unlike many states, Indiana does not have a specific exemption for motor vehicles of any kind. However, you can use Indiana’s personal property exemption to protect up to $10,250 in personal property, including equity in a vehicle.

What is The Personal Property Exemption?

In Indiana, the personal property exemption can be used to protect personal property up to a value of $10,250 during bankruptcy. This includes equity in non-residential real estate, vehicles, work gear, personal possessions and most other kinds of tangible property. Use this exemption to prevent losing cash and treasured valuables like art, jewelry or a collection of memorabilia.

Are There Other Types of Exemptions in Indiana?

There is an intangible asset exemption that protects up to $400 per filer in cash or cash equivalents such as money in bank accounts at the time of filing. Indiana also has other types of exemptions that protect specific kinds of assets. An Insurance Benefits exemption can protect life and accident insurance policy values. Pension and retirement benefits can usually be protected, too. Workers’ compensation and unemployment benefits are 100% exempt in Indiana. You can usually save 75% of earned but unpaid wages, or 30 times the Federal minimum wage. If you’re concerned about keeping your wages, benefits and other assets, speak to a bankruptcy attorney as quickly as possible.

Sawin & Shea – Indianapolis Bankruptcy Attorneys

Filing for bankruptcy is not the end. It’s the beginning of a new financial life for you. The Indiana bankruptcy attorneys at Sawin & Shea can help you get rid of the overwhelming debt and advise you on life after bankruptcy.  We are here for you during this life-changing process. Please do not hesitate to call us today at 317-759-1483 or send an email for a free consultation. We are ready to help.

The post How Does Indiana’s Bankruptcy Exemption Work? appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.

Creditors are prohibited from engaging in debt collection after an individual files for bankruptcy. The Fair Debt Collection Practices Act (FDCPA) protects you from certain types of harassment by collection agents. If you are experiencing aggressive collection calls and letters, contact a bankruptcy law firm like Sawin & Shea to take action on your behalf.

Shouldn’t Creditors Stop Calling When You File for Bankruptcy?

Yes, but sometimes they do not. When you file for bankruptcy (either Chapter 7 or Chapter 13), a letter is sent to to your creditors (often referred to as an automatic stay letter) informing them of the filing. This letter informs them that they can no longer actively pursue collection of your debts. If a creditor violates this court ordered protection, an experienced bankruptcy attorney can advise you regarding what actions they may take to protect you from this harassment.

What Can I Do If They Keep Calling?

First, notify your attorney immediately. Don’t buy into what the caller is saying. To take action against these creditors, you need to collect evidence that can be used in court.

What Kind of Evidence Do I Need to Collect?

• Keep a phone log – List any call you receive and note the date and time.
• Read off the script provided by your lawyer – It will let the caller know they are in violation of the automatic stay and the FDCPA.
• Keep good notes – These will help you recount the conversation to a judge.
• Save all letters, bills, and written demands – Keep anything -including envelopes with date stamps- beginning two weeks after you file for bankruptcy.
• Verify the creditor’s address – Make sure it is the same address where the stay letter was sent.
• Print cell phone bills – If you receive harassing calls on your mobile phone, print out all statements showing the time and duration of the calls.

Can Creditors Contact My Family Members?

After they have been notified of your bankruptcy, creditors are not supposed to contact you, your family, or your friends. They cannot contact your place of employment. By documenting the harassment from the creditor, your lawyer can take steps to force them to stop. There are laws in place to help protect you against overzealous collection efforts. The right bankruptcy lawyer can enforce them.

Sawin & Shea – Indianapolis Bankruptcy Attorneys

Going through bankruptcy is hard enough without the added pressure from creditors. The Indiana bankruptcy attorneys at Sawin & Shea have years of experience representing good people in bad financial situations who are being harassed by creditors. Please do not hesitate to call us today at 317-759-1483 or send an email for a free consultation. We are ready to help.

The post Can I Get Protection from Creditors While Going Through Bankruptcy? appeared first on Indianapolis Bankruptcy Attorneys of Sawin & Shea.