Billings Montana Bankruptcy Lawyer
Ralph Wilkerson
When faced with a serious financial situation that may require you to file for bankruptcy, the most important choice you can make is to find a qualified professional to help guide you through this often complex legal procedure. As an experienced Billings Montana Bankruptcy lawyer for over 12 years, I understand how stressful it can be to be overburdened by debt, and I work closely with my clients to make sure that bankruptcy is their best option.
Contact my firm today if you need legal assistance with any of the following:
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Repossessions and Foreclosures
- Lawsuits and Garnishments
- Creditor Harassment
- Debt Consolidation
- Debt Negotiation
- Court Protection
My experience speaks for itself. In 1989, I graduated from the University of Wyoming with a Bachelor of Arts Degree in accounting. I then worked for three years as a bank examiner for the Federal Deposit Insurance Corporation (FDIC), Billings, Montana field office. In 1995, I graduated from the University of Wyoming, College of Law. I am licensed to practice law in state and federal courts of Montana and Arizona. My law practice has included approximately five years in which I practiced consumer bankruptcy exclusively – filing Chapter 7 and Chapter 13 bankruptcies for consumers.
I also spent 3 years working as a state Assistant Attorney General, in the Bankruptcy and Collection Enforcement Section of the Arizona Attorney General’s Office. In that time, I became extremely experienced in all aspects of consumer bankruptcies, including the treatment of tax debts in bankruptcy (yes, many tax debts CAN BE discharged in bankruptcy).
Since 2005, I have been the owner of a solo law practice. I have found the solo practice to work much better for me, as well as my clients. When I was in a large firm, there was pressure to take on a great number of cases, in order to earn as much money as possible for the firm. This required the use of paralegals and staff to handle most of the case administration. In my solo practice, I am able to take a few cases at a time and handle them entirely myself.
My clients appreciate that when they call my office, they speak to me, and I am thoroughly familiar with their case. They also appreciate that their case is personally handled by me, not by a paralegal or an assistant. This ensures that their case will get the highest degree of care and attention.
My philosophy is simple: offer competent and high quality bankruptcy assistance at a reasonable fee. I encourage you to come in for a free consultation. I will take the time to sit down with you, answer your questions, evaluate your situation, and discuss all of your options. If I do not think bankruptcy is your best option, I’ll tell you.
While my physical office is located in Billings, I am willing to provide services to most of south central Montana. In addition to a free in-office consultation, I also offer a free telephone consultation. Feel free to contact me 24 hours a day, seven days a week. I look forward to speaking with you and discussing all of your options.
If you or someone you know needs the assistance of an experienced Billings Montana Bankruptcy lawyer, call Ralph Wilkerson today at 866-653-1938, or use the contact form provided on this site to schedule a free consultation.
We are a debt relief agency, and help people file for bankruptcy under the bankruptcy code.
Practice Areas and Legal Definitions
Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a claimant files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a claimant files a plan with the bankruptcy court proposing how to repay creditors.
In 2005, the requirements under which a debtor could file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act. Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.
Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.
Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.
Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income. It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.
Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".
A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.
Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:
- You have begun charging to your credit card essential expenses like food and daily expenditures
- You are making only the minimum payments on your credit cards each month
- You are near the limit of your credit cards
- You have too many credit cards
- You are unsure how much money you owe creditors
If you or someone you know needs the assistance of an experienced Billings Montana Bankruptcy lawyer, call Ralph Wilkerson today at 866-653-1938, or complete the contact form provided on this site to schedule a free consultation.
ADDRESS OF THE FIRM:
Ralph W. Wilkerson, Attorney
208 N. 29th Street, Suite 224
Billings, MT 59101
Phone: 866-653-1938
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours
MEMBERS OF THE FIRM:
Attorney Ralph W. Wilkerson
- Jurisdictions Attorney is Licensed in: Arizona and Montana
- Date Admitted to the Bar: Arizona 1996, Montana 2003
- Colleges Attended, Degree & Year Graduated: Graduated from University of Wyoming in 1989 with Bachelor of Arts in Accounting. Graduated from University of Wyoming College of Law with Juris Doctor in 1995. (Worked for FDIC as a Federal Bank Examiner from 1989 to 1992).
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