Nationwide Chapter 7 Bankruptcy Attorneys
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The Law Offices of Kenneth H Dramer PC is a diversified debt relief law firm, with years of experience in the practice areas of debt settlement, debt collection lawsuit defense, foreclosure defense and avoidance, predatory lending violations, Federal Debt Collection violations, and Bankruptcy. No matter your financial hardship, our Debt Lawyers are skilled and able to help you determine which of our debt relief option will be best for your needs.
Bankruptcy Services
Chapter 7
Chapter 11
Chapter 13
Debt Relief Attorneys
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Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
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Why You Should File for Bankruptcy
If you are sick and tired of being stressed out by your past-due bills and the harassing phone calls that come along with it, maybe you should look into a fresh start and see if Bankruptcy is the right debt relief option for you. By eliminating your debts and ridding yourself of the stress associated with being burdened financially, you will be able to gain peace of mind just like our Debt Lawyers have been able to do for so many others just like you!
Filing Chapter 7 Bankruptcy
When you or your business files a Chapter 7 Bankruptcy, often called liquidation bankruptcy, it’s the most frequent type of Bankruptcy filed. A bankruptcy petition is completed and filed with the court listing your assets, income, expenses, and debts owed. The Bankruptcy courts appoint a trustee to review your petition to determine if any of your assets can be seized and sold to pay back your creditors either a portion or the entire amount owed. If you have no assets OR the assets that you own are exempt, then there is nothing to be seized or sold and therefore nothing will be paid to your creditors through your bankruptcy. In most cases, a Chapter 7 Bankruptcy will eliminate your debt with either a very minimal payment on your part or no payment at all. Other than the negative mark on your credit, a bankruptcy can offer you a fresh start.
Median Income Qualifications for Chapter 7 Bankruptcy
When dealing with income qualifications for Bankruptcy, it is very important that you understand if you are married and live with your spouse that the Bankruptcy Trustee will evaluate not only your income but also your spouse’s income to assess the Total Household Income. Meaning, if you are married and you want to file for bankruptcy individually without your spouse, you can, but we will need to disclose to the bankruptcy courts proof of income and expenses for both you and your spouse. The bankruptcy will not affect your spouse in any way including their credit score. We do not have to list any information about them your petition other then their income and expenses to determine if you will qualify to file.
If your household income is below your State’s median income for a household of your size, then you will qualify for bankruptcy as long as your assets are not over the exemption amounts as described further below on this page. If your household income is above the median income for your state, you’ll have to overcome another hurdle in order to qualify, the Means Test as described in the below section.
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The Chapter 7 Bankruptcy Means Test
The Means Test is the part of the qualification process where your monthly expenses are further analyzed against your income to determine if you are living beyond your means. The means test uses a list of “allowable expenses” (published by the IRS) and your average monthly income over the six month period before filing your Chapter 7. Once your average income is determined, the IRS allowable expense amounts are deducted from your income. After calculating the figures, the number left over as a result of this calculation is used to determine whether or not you are living within your means. If you are living within your means, you will be able to file for Chapter 7 Bankruptcy. If you are living above your means, you will be forced to file a Chapter 13 bankruptcy instead.
Asset Restrictions for Filing Chapter 7
The most important asset most of our clients are worried about potentially losing would be their home. Each state sets the limits of home equity levels that are exempt. This means unless your state allows for $0 exemption, some or all of your home’s equity may be protected.
As an example, in the state of New York, where our offices are headquartered, If you own a home the exemption amount for your primary residence is up to $170,825 of equity in your home if you live in Manhattan, Brooklyn, Queens, The Bronx, Staten Island, Nassau, Suffolk, Rockland, Westchester, and Putnam. If you live in Dutchess, Albany, Columbia, Orange, Saratoga, or Ulster Counties, you are allowed up to $142,350 of equity in your home. If you live in a county not mentioned, you are allowed to have up to $85,400 of home equity. These figures can all be doubled if you are married and filing jointly with your spouse. Again these figures relate to equity in your primary residence and do not apply to any secondary or investment properties you may own. If you have more home equity than allowed as dictated above, then you will not be allowed to file Chapter 7 and would be forced into a Chapter 13 Bankruptcy instead, and in that case, it may make more sense to look into bankruptcy alternatives such as debt settlement.
The standard exemption amount for a vehicle in the State of New York is $4,550 but if you are physically disabled and your vehicle is equipped with modifications to accommodate your disability you will be allowed to have up to $11,375 of equity in the vehicle before you potentially lose it. As in the case with home equity, if you are filing bankruptcy jointly with your spouse, these equity exemption amounts can be doubled as well.
The amounts authorized for each type of asset in your state can be found here.
Debt Relief Alternatives to Chapter 7 Bankruptcy
Chapter 7 Bankruptcy allows an individual or business to pay back a small portion or none of their debts, but sometimes the negative mark on ones credit report that can remain for years to come is too much for some individual to bear. We usually do not suggest a Chapter 7 Bankruptcy if the debt loads are lower or the discretionary income of the individual is too high. If there are assets that have too much equity Chapter 7 Bankruptcy can be an issue. If there have been asset transfers over the past several years there may be objections to the discharge of your debts. Some situations sometimes call for other options like Debt Settlement Lawyer negotiated relief which may be more beneficial.
The below options each have their benefits and drawbacks as does filing Bankruptcy. Be sure to call today for your free consultation to learn the differences in each option or click on the options below to learn more.
Debt Consolidation
If you’re on time with your debt payments, have good enough credit or, assets to use as collateral, you may be able to combine all your debts into one new loan at a lower interest rate. Through our network of lenders, we can try to help if you want to try to borrow your way out of debt.
Debt Management
Experiencing a financial hardship and haven’t fallen too far behind on your payments? A Debt Management Plan, also known as Consumer Credit Counseling, can help by combining all your debts into one monthly payment at lower interest rates to have you out of debt in 4 to 7 years.
Debt Settlement
Experiencing a financial hardship and past due on your creditor payments? Our No Upfront Fee Debt Settlement service can reduce your outstanding balances to help get you out of debt in as quick as 1 to 60 months! Rather than lower your interest rates, we’ll actually reduce your total debt.
How Dramer Law Handles Our Debt Relief Cases
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Free Consultation, Fact Finding, & Financial Analysis
When you call our firm, we will want to know how and when your financial hardship began as well as what the current status is, to get a better understanding of what you are experiencing. Our staff is trained to ask the right questions to make sure that no stone in your financial picture goes unturned. Any representative that will speak with you will have a minimum of 10 years experience
We analyze your current financial situation including your assets and liabilities as well as your current cash flow, allowing us to narrow down our services more specific to what you can afford. This step is critical in any of our processes as we ensure that whatever service we recommend will be within your budget and therefore you’re more likely to succeed.
Full Disclosure, Recommendation, & Customization
There are multiple options for each problem we encounter so based on your analysis; we will then tailor fit the best option to the individual needs of your budget. We will explain in great detail all aspects of each process including the risks & fees – not just how much money you can save. Nothing will be hidden from you as we are a full disclosure law firm.
Our Relief Specialists are NOT Paid a Commission so there will be no sales pressure at our law firm. There is no obligation to retain our services. You will be given all the facts you need, and then you will be given plenty of time to think things over. Debt relief is an important decision, and we won’t rush you! We have worked hard over the years to earn the reputation we have by giving honest advice to those in need rather than the advice that benefits our bottom line!
Limited Power of Attorney & Authorization to Communicate
Lenders are Sent Notice of our Representation
Once retained, we immediately send a copy of our Limited Power of Attorney to your creditors, debt-collectors, or attorneys. Sending notice of representation is the first step in curbing any creditor or collector calls you may be receiving. We do not want you to be harassed – we’ll take over the calls for you.
The Fair Debt Collection Practices Act (FDCPA)
Once any third party servicer, debt collector, debt purchaser, collection attorney, foreclosure attorney, etc. receive our Limited Power of Attorney, they are obligated to contact us directly on your behalf. Failure to do so is a violation of the FDCPA, and we will sue them for you. There is no fee charged to you if we do not win your case, and if we do win, you can win up to $1,000 per violation, and the collector in violation will pay our attorney fees for you. It’s basically free money!
We Get the Job Done!
We are Incentivized to Perform
Our mortgage negotiation services are offered a fee structure as such that you pay part of the fee when retaining our firm and part of the fee only if we’re successful. The success fee helps ensure we are incentivized, so you’ll know we have your best interests in mind. We don’t benefit from getting you to hire our law firm, but instead, we benefit when we get the job done for you. You pay for our performance – and that’s what we do – we perform! We never agree to anything without first consulting with you and getting your approval. It is your debt and your money, so you have the final say in all of our negotiations
We Work Efficiently & Quickly
The combination of our experience, well-trained representatives, long hours, and state of the art software, allow us to accomplish more in any given day than most other firms only dream about. This can be said for ANY service we offer from negotiations to litigation to bankruptcy. We work quickly on your behalf as the longer you delay with a deed in lieu of foreclosure, the more fees your lender will charge. We will be in touch with you throughout the process to keep you informed and are available when you need us.
Are you looking for professional advice?
Let Us Help You!
At The Law Offices of Kenneth H Dramer PC, before we make any recommendations, our debt lawyers, certified debt relief specialists, and paralegals are trained to ask the right questions to find out about your specific situation. Based on your current income and your financial hardship, we will determine which course of action will work best for you. We do not only offer one path, as no one process can solve everyone’s needs. We will take our time with you and help evaluate what your best course of action should be. CALL NOW FOR A FREE CONSULTATION and one of our advisors will be there to get you started on your path to financial freedom. There is no obligation to enroll, so don’t delay.
One way or another, we can help!
Why Choose Dramer Law for Your Debt Relief Needs?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We offer all debt relief options and we service our clients like family. You should never settle for less when trying to settle for less!
Lower Fees
Since our clients don’t have tons of money to spare like attorneys that practice in other areas of law, we charge low fees making our services affordable for anyone that needs help. Unless your case involves one of our attorneys having to go to court, our negotiation service fees are flat fee based not charged hourly.
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
All of our attorneys, paralegals, and negotiators are dedicated to providing the best possible experience, while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Our Reputation
Many companies do nothing for the high fees they charge. We have heard many horror stories. These companies aren’t proactive, they put no effort into negotiations, they don’t even return your calls let alone calls from collectors! These actions cause collectors to seek other measures to collect, often meaning lawsuits. We typically work repeatedly with the same companies and are known for resolving accounts so therefore have a great reputation with industry lenders and collectors. This benefits you when we contact these companies on your behalf, they know the accounts will get resolved and therefore we are usually able to avoid legal action!
Other Services
Many times, when we successfully get our clients out of debt, they still need assistance with other areas of their financial life. We offer many different services for those struggling with debts including Business Debt Relief, Mortgage Relief, Tax Relief, & Student Loan Relief. When Debt is the Problem – We Have the Answers!
There is no obligation, so don’t delay.
Get Your Free Consultation Today
The Law Offices of Kenneth H Dramer PC is based in the New York City area and have expanded our practice with attorneys throughout the country. We are staffed by some of the most experienced debt lawyers, bankruptcy lawyers, mortgage & debt specialists and paralegals, all dedicated to helping people from all walks of life receive safe, effective professional help for their debt-related issues. Call NOW or click here to complete our bankruptcy evaluation questionnaire through a secure portal and one of our advisors will help you started on your path to financial freedom.
Client Testimonials
Bankruptcy – Frequently Asked Questions
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Q: What Is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until our debts are sorted out according to the law.
Q: What is the difference between unsecured and secured debt?
The difference between a secured and unsecured debt is that a tangible asset does not back unsecured debt and secured debt is a debt where the debtor has given up the right to some type of asset/collateral in order to receive a loan.
In the case of an unsecured debt, to obtain a loan, the borrower does not have to put up any collateral. The most common types of unsecured debts are credit cards, department store cards, gas cards, medical bills, utility bills, and personal or signature loans. Since there is no asset backing the loan, should you fail to make timely payments on an unsecured debt, there is nothing for the creditor to take back.
In the case of a secured debt, when a borrower fails to make timely payments, the creditor is entitled to repossess the asset that is securing the loan and sell it. If a creditor sells the asset they have reposed, but the entire debt has still not been paid, the borrower can still be liable for the unpaid balance. Therefore, when the property that is securing the debt has already been repossessed and sold by the creditor, it is possible for a secured debt to become an unsecured debt. The two most common types of secured debts are home loans and car loans.
We can help you whether you are having trouble with a secured or an unsecured debt. Our counselors will help you decide what process will be right for you based on the type of debt that you have and your specific financial situation.
Q: What type of debt can you handle?
The Law Offices of Kenneth H Dramer, PC offers a variety of different services in order to ensure that no matter what your individual needs or financial hardships are that we will be able to provide the right service to you. We have processes to help you no matter what type of debt you are in, whether it be secured or unsecured debt. We are an industry leader in all forms of legal debt negotiation, and along with our affiliates we can help you with any of the following types of debt:
- Credit Cards
- Department Store Cards
- Gas Cards
- Medical Bills
- Collections Accounts
- Unsecured Loans
- Unsecured Lines of Credit
- Repossessed Vehicle Loans
- Fair Debt Collection Practices Act Violations
- Home Loans
- Home Foreclosures
- Tax Debts
- Judgment Accounts
- Creditor Harassment
- Repossessed Vehicle Loans
- Defense Litigation for Creditor Lawsuits
No matter how difficult your financial predicament is, we will most likely be able to help you. Our counselors are here to help you decide what process will be right for you based on the type of debt that you are in and your specific financial situation.
Q: What Can Bankruptcy Do for Me?
Bankruptcy may make it possible for you to:
- Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
- Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
- Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
- Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
- Restore or prevent termination of utility service.
- Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
Q: What Can’t Bankruptcy Do For Me?
Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:
- Eliminate certain rights of” secured” creditors. A creditor is “secured” if it has taken a mortgage or other lien on property as collateral for a loan. Typical examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process, and bankruptcy can eliminate your obligation to pay any additional money on the debt if you decide to give back the property. But you generally can not keep secured property unless you continue to pay the debt.
- Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, most student loans, court restitution orders, criminal fines, and most taxes.
- Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
- Discharge debts that arise after bankruptcy has been filed.
Q: Will Bankruptcy Wipe Out All My Debts?
Yes, with some exceptions. Bankruptcy will not normally wipe out:
- Money owed for child support or alimony;
- Most fines and penalties owed to government agencies;
- Most taxes and debts incurred to pay taxes which can not be discharged;
- Student loans, unless you can prove to the court that repaying them will be an “undue hardship”;
- Debts not listed on your bankruptcy petition;
- Loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;
- Debts resulting from “willful and malicious” harm;
- Debts incurred by driving while intoxicated;
- Mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).
Q: What Different Types of Bankruptcy Cases Should I Consider?
There are four types of bankruptcy cases provided under the law:
- Chapter 7 – For individuals and businesses
- Chapter 11 – For certain individuals and businesses
- Chapter 12 – For family farmers and fishermen
- Chapter 13 – For individuals and certain businesses
Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly. Businesses can file under chapter 7 or chapter 11.
Q: Can I Own Anything After Bankruptcy?
Yes! Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
Q: Will I Have to Go to Court?
In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation.
Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear at a hearing. In a chapter 13 case, you may also have to appear at a hearing when the judge decides whether your plan should be approved. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney.
Q: What Else Must I Do to Complete My Case?
After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Many of the course providers give you a choice to take the course in-person at a designated location, over the Internet (usually by watching a video), or over the telephone. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at www.usdoj.gov/ust. If you can not afford the fee, you should ask the agency to provide the course free of charge or at a reduced fee. In a chapter 7 case, you should sign up for the course soon after your case is filed. If you file a chapter 13 case, you should ask your attorney when you should take the course.
Q: Will Bankruptcy Affect My Credit?
Unfortunately, if you are behind on your bills, your credit may already be bad. Bankruptcy will probably not make things any worse.
The fact that you’ve filed a bankruptcy can appear on your credit record for ten years from the date your case was filed. But because bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit.
If you decide to file bankruptcy, remember that debts discharged in your bankruptcy should be listed on our credit report as having a zero balance, meaning you do not owe anything on the debt. Debts incorrectly reported as having a balance owed will negatively affect your credit score and make it more difficult or costly to get credit. You should check your credit report after your bankruptcy discharge and file a dispute with credit reporting agencies if this information is not correct.
Q: Can I File Bankruptcy Without an Attorney?
Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly. The process is difficult and you may lose property or other rights if you do not know the law. It takes patience and careful preparation. Chapter 7 (straight bankruptcy) cases are somewhat easier. Very few people have been able to successfully file chapter 13 (reorganization) cases on their own.
Q: Why should I choose the Dramer Law Firm?
The Law Offices of Kenneth H Dramer, PC is an industry-leading debt relief law firm that is fully dedicated to your success. Our attorneys are experts in the laws that govern the industry and your creditors. With roughly 25 years of experience, we have gained the necessary knowledge and understanding in dealing with every facet of the bankruptcy code. We are not affiliated with any bank, creditor, or other lending institution and are here to work exclusively for you.
We offer many different services that will educate you and help you get out of debt and stay out of debt. We send limited power of attorney forms to your creditors to filed the creditor or collector phone calls on your behalf and offer payment plans with as little as $100.00 down. If you find yourself in a financial struggle and are looking for help and a way out, put the power of The Law Offices of Kenneth H Dramer, PC on your side.
Q: Will creditors continue to contact me after I hire you?
Fortunately, your creditors must adhere to the laws set forth by the Fair Debt Collection Practices Act (FDCPA) which states that once third-party debt collectors are notified that our law firm represents you, they are expressly prohibited from making any further contact with you. After you hire us, all third-party debt collectors are only permitted to speak with us. This law is one of the many advantages of hiring The Law Offices of Kenneth H Dramer, PC because since this law only applies to attorneys, many non-attorney based companies in this industry do not have this service to pass along to their clients.
Once you hire The Law Offices of Kenneth H Dramer, PC, you will receive a welcome kit relevant to the service that you retain us for that will teach you your rights when dealing with your collectors. We will teach you how to deal with, and document collection calls if they persist. Collectors that do not adhere to the FDCPA law can be subject to legal action. If any collectors violate this law and continue contacting you, our legal team is here to protect your legal rights. If collectors continue to contact you after they have been informed that we are representing you, we can seek compensation on your behalf from the debt collectors. At The Law Offices of Kenneth H Dramer, PC, we will arm you with the knowledge and tools to fight back against these practices. For more information on collector violations and what you can do about them, click here.
Q: How do I know if your Law Firm is legitimate?
The Law Offices of Kenneth H Dramer, PC is a law firm, and as such, we follow all ethical rules that govern the legal profession. It is illegal for us, as your attorneys, to withhold anything from you. If we do anything unethical, we could face disbarment from the State Bar. If you would like to confirm that we are a law firm in good standing or would like to look into any of the partners of the firm, please feel free to check with the New York State Bar Association by clicking here.
We are constantly seeking new ways to improve as we move forward. We are very proud of our law firm and would never do anything to jeopardize the reputation that has taken us years to build.
Q: How can someone apply for help?
There are three ways that you can apply for help with The Law Offices of Kenneth H Dramer, PC.
- Call us for a free consultation at 888- 314-1722
- Please click here to download our Prequalification Questionnaire and send it back to our Law Firm along with your household’s proof of income and one of our advisors will help you started on your path to financial freedom.
- Fill out the request form to be contacted back at a more convenient time.
Getting Started is Easy…
Call Now for Your Free Consultation
Call today for your free consultation with an experienced member of our team who will ask the right questions to determine the best course of action. They will go over each option that will make sense for your situation and will be sure to discuss in detail the pros and cons of each.
See How Much Money We Can Save You
Each option will have its own savings potential. Keep in mind the greater the downsides a choice may have the greater the potential for savings. Our debt relief representatives will be sure you understand the cost benefits and will be sure to disclose our fees fully.
Retain Our Law Firm and Let the Savings Begin
Once retained, we waste no time in taking action. We will work quickly and efficiently to bring a successful resolution to your situation. You will be assigned a specific member of our team that will be in constant contact with you throughout the process.
You have nothing to lose except for your debt!
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*Services not available in all districts.
*Individual results may vary based on earnings, assets, and current financial situation. Our law firm does not assume or pay any clients’ debts or mortgage loan, nor provide credit or tax advice in relation to any forgiven amounts. Bankruptcy is not available in all states.
*The information provided on this site is for general information and educational purposes only. The information presented should not be considered legal advice, and should not be misconstrued as such, and should most definitely not be acted upon without first consulting with an attorney. The information is subject to change without notice. Consult a debt relief lawyer licensed in your jurisdiction for specific advice.
*We provide Debt Relief services and are a debt relief agency, as defined by the U.S. Congress. We proudly assist people filing for bankruptcy relief under the Bankruptcy Code as well as various other services to help avoid bankruptcy.