Gregory, MI Bankruptcy Law Firms & Lawyers

Generally speaking, a debtor with primarily credit card debt can file either Chapter 7 or Chapter 13 bankruptcy. More specifically, Chapter 7 will discharge the debt in its entirety. A debtor can file Chapter 7 if his income is below the median income for his jurisdiction based on family size, etc.

The answer to this question can only be obtained after a full analysis of your financial situation. How much do you earn? How much do you owe? What assets do you own? If answer to these questions suggest that settlement or credit consolidation is not practical and you qualify for bankruptcy discharge of all or majority of your debts then chapter 7 could be the right thing for you. If you have considerable non-dischargeable debt and can't work out a payment plan then chapter 13 may be right for you. If you have no income, no assets then you are judgment proof, you could be sued but there is nothing to take, and you can afford to do nothing. Just generally speaking, if all that is owed are a bunch of pay day loans, lawsuits against the borrower are highly unlikely in these cases. The amounts borrowed rarely justify the expense of filing a lawsuit and payday loans typically don't bother to try to collect by going to court. They are however notorious for aggressively pursuing voluntary collections and harassing borrowers and breaking federal fair debt collection laws and local state laws regarding collections. You could consult with an attorney who handles debt collection law violation cases. They can instruct you on how to build the case against creditors if they violate the laws. These cases are filed on a contingency fee basis with attorney fees paid by the defendant if the defendant loses the case. You as the plaintiff can also get up to $1,000 after proving damages. If you do nothing, and no lawsuit is filed by the creditor against you, the bad credit history should be removed from the credit report in 7 years from the time of your last payment OR if/when you verify owing the debt in writing (something to be avoided). Hope this helps.