Bankruptcy

Eberhard & Weimer, P.C. represents individuals and couples across northeastern Indiana in bankruptcy proceedings to aid in providing relief from debt and creditors.  The primary purpose of bankruptcy laws are to relieve honest individuals from indebtedness and provide them with a fresh start.

Bankruptcy law allows an individual or business to either wipe out (discharge) debts through liquidation or to setup a plan of repayment or partial repayment of creditors over time.  Title 11 of the United States Code regulates the bankruptcy proceedings, including what chapter an individual qualifies for, the amount and length of any payments that need to be made, what property and possessions an individual may keep, and other details.

Our firm primarily focuses  in the area of individual or joint consumer bankruptcy.  We have successfully represented clients in both types of consumer bankruptcy: Chapter 7 and Chapter 13 bankruptcy proceedings.  In either proceeding, once the bankruptcy petition is filed, creditors must refrain from any direct contact with the debtor under the federal automatic stay.  Creditors may not further pursue collection on any debt unless application is made to and approved by the court while the bankruptcy proceeding remains open.

Chapter 7 (also known as “liquidation” or “straight bankruptcy”) – An individual or couple must meet certain qualifications in order to file this type of bankruptcy.  During the proceedings, a debtor’s property becomes part of the bankruptcy estate.  Indiana law provides for certain exemptions that we use to protect your property to the fullest extent possible.  At the end of this proceeding, the debtor receives a discharge of indebtedness for all dischargeable debts, which releases him or her from any personal liability for those debts.

Chapter 13 – Debtors proceed with filing a Chapter 13 bankruptcy when they do not qualify for a chapter 7 or due to other factors would obtain a more favorable result in their situation by proceeding with filing a Chapter 13 bankruptcy.  Chapter 13 is considered an adjustment of debts and typically involves a three to five year payment plan where some creditors may be paid partially or in full.  The payment plan is determined based on your income and expenses and therefore a regular income is necessary.  If the plan is completed by the debtor, he or she is released from any qualifying debt remaining.

The attorneys at Eberhard & Weimer would be happy to sit down and discuss your financial situation to determine if bankruptcy is best for you.  We will also discuss some possible alternatives to filing bankruptcy if your circumstances provide for it.

About Us

BennyEBERHARD & WEIMER, P.C., is a law firm that provides its clients with representation of the highest quality by the most efficient, economical, and ethical means.

We offer a diversified practice to individuals and small and medium-sized businesses and feature a trust and estates division. 

Family Law • Business & Corporate Law • Estate Planning & Probate • Real Estate Transactions • Criminal Law

Contact Us

115 South Detroit St.
LaGrange, IN 46761
(260) 463-7154
Fax (260) 463-3634

1504 North Wayne St., Suite A
Angola, IN 46703
(260) 665-3300
Fax (260) 665-3301

Hours

Monday 8:00am-7:00pm
Tuesday 8:00am-4:30pm
Wednesday 8:00am-4:30pm
Thursday 8:00am-4:30pm
Friday 8:00am-4:30pm
Saturday Closed
Sunday Closed

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