Bankruptcy Mills—Welcome to Cattle Call

Bankruptcy Mills are firms that file a huge number of bankruptcy cases by using staff to do most of the work.  Attorneys spend very little, if any, time with the clients.  Going to a Mill’s office is like cattle call.  Don’t kid yourself—you are the cow.  You are there to make them money.  Your case is just as plain and ordinary as the next “cow” in the waiting room.  Your facts will be made to fit their system.  Oh, and guess what, if you are filing a Chapter 13 case, you are going to pay the exact same fee to the Mill that you would pay to a full service bankruptcy firm.  What a bargain!  Cut rate service for full price.  Where do I sign up?

How Mills Lead You to Slaughter

Okay, I admit most people have no idea how to find a good bankruptcy lawyer.  Some people end up in a Mill’s office because Mills tend to heavily advertise.  You see Mills with billboard ads, on back covers of phone books, and in newspapers.  Mills blanket the market to get their names out there.  Once these Mills have you in the office they count on two things.  First, they count on you not knowing any better.  After all, most people don’t know what to expect when they go to meet with a bankruptcy lawyer.  Second, they count on you being too embarrassed or scared to walk away.  Most people have trouble talking about their financial problems. Mills prey on your insecurities to fill their pockets.

Why it Matters

Every bankruptcy case is unique.  Every single case requires an attorney to look at the facts.  Every case has the potential for problems that can cost you.  You are the client.  You are unique.  You are paying the fee.  You deserve more than 5 minutes of an attorney’s time.  You deserve to be able to ask questions.  You deserve to have your attorney answer them.  It matters, because you matter.

What the Attorney Should Do

The first step in protecting yourself is to be informed.  The attorney is the person who should be meeting with you and gathering your facts.  The attorney should be asking you questions about what you own, who you owe, what you want to keep and what you want to give up.  The attorney should be asking about possible judgments and liens that might be avoidable.  AFTER the attorney meets with you, the ATTORNEY should tell you your options.  The attorney should be the person giving you advice on how to get out of debt.

What You Should Do

If you ever find yourself in a situation where the staff is asking all the questions and making recommendations, walk away.  When you leave a bankruptcy lawyer’s office you should have spent a good bit of time with your attorney—not just his staff.  You should know how to get in touch with your attorney in case of an emergency.  You should feel comfortable that when you call back with questions the attorney will be the person answering them.  You aren’t hiring the staff.  You are hiring a bankruptcy attorney.

Bankruptcy Fees and Price Shopping

Let’s assume you have a brain tumor.  You need to find the best surgeon to perform a life saving operation.  What is your first step?  Do you pick up the phone and call all the brain surgeons in town and ask what they charge for an operation like yours?  Can you imagine what kind of answer you would get if you made that call?  But hey, if you feel comfortable hiring the person who is going to save your life by making that phone call, by all means, make it!

Calling Around for a Price

This morning I got a call from someone wanting to know what I charge for a bankruptcy case.  I get at least one of these calls a day.  The person only wants a number.  They don’t want to answer questions.  They don’t want to tell you anything about their facts.  They just want a number.  They just want to know–who is the cheapest bankruptcy attorney?    I’m always polite but I always have to tell them—it’s probably not me.

Cheap and Best Aren’t the Same

I am good at what I do and I offer an incredible service for the fee that I charge.  That fee always stays within a certain range but fees are set based on what you need done.  How complicated is your case?   How many liens have to be avoided?  Do I need to file motions to value property?  In other words, how much work is going to be required to get you the best result available?  That’s right the best result—not the cheapest fee.

The Best Bankruptcy Lawyer

If you truly believe bankruptcy lawyers are a dime a dozen you’re wrong.  All you have to do to see that is to visit a bankruptcy court and watch a few hearings.  It won’t take 30 minutes to figure out which bankruptcy lawyers are good.  Some bankruptcy lawyers are good at getting your money–but not at protecting you.

If your sole focus is the fee you pay, I would respectfully suggest that you need to rethink your position.  This is your financial life you are talking about.  The quality of the bankruptcy lawyer you hire will make all the difference in how easy and successful your bankruptcy case will be.

Fees and Results Matter

If you are trying to find the cheapest lawyer out there, do me a favor and mark me off your list.  I might not charge anymore than the people you call for quotes.  The difference is–I charge you based on what you need.  My fees are not the same for every case.  No two cases are the same.  Your facts are different from those of my next client.  What you need, and what needs to be done to accomplish your goals, is unique.  So is the fee I charge.  My focus is on fees and results—not just fees.  Results matter.  Fees matter.  Good bankruptcy lawyers take both into account and develop a plan that best serves you.

I am always aware that people struggling with debt don’t have any extra money.  I’m concerned about charging you a fair price for the best results.  If that is not your goal, we aren’t a good match.  I sincerely wish you well with that cheap bankruptcy lawyer you are looking to hire.

Lessons from LeBron James

I know a story about LeBron James on a Blog about getting out of debt seems more than a little strange.  But hang in there.  Maybe you will see the connection that struck me last night.  I’m not a big basketball fan.  I doubt 3 years ago I could have told you anything about LeBron James.  Then James made the decision to go on national television, during primetime, to announce he was leaving Cleveland for Miami.

Learn from Your Past Mistakes

Suddenly the young man who thought he had it all was a villain.  He was criticized for the way he handled the announcement to leave Cleveland for Miami.  Every move he made was looked at, judged, and determined to be the actions of an arrogant athlete who thought he was above the rest of us.  His failure to deliver on his potential in his first year with Miami was James’ wakeup call.  Suddenly, the star player was just like everyone else.  If he wanted to succeed, he had to put in the hard work and learn from his mistakes.

Don’t Let Your Mistakes Define You

Love him or hate him, LeBron James taught us a lesson this year.  He taught that lesson, not by his words, but by his actions.  He certainly could talk a good game.  Last night he reminded us that the key to success is not what we say, it’s what we do.

We are defined, not by our weakest moments or our failures, but by our triumphs in the face of adversity.  Taking charge of our financial lives means not letting our past mistakes and failures define our future.  We, not the debt collectors and the haters, determine who and what we will be.   We determine what our future will hold.

Choose to Move Forward

We can choose to continue down the same path of endless phone calls, harassment, fear, and feelings of failure or we can do something about it.  We can take charge of our futures.  We can take the steps necessary to get out of debt.  It’s time to decide—do you want to continue struggling with debt you can’t pay?  Or, do you want to do the hard work that it takes to lift yourself up and get out of debt?  Do you want to be defined by your past mistakes or do you want to grab hold of your future?

Work Hard and Win

LeBron James showed us last night what it means to work hard and take charge of our future.  He didn’t let the haters or his past mistakes define him.  He rose up, and through hard work and determination, he became the star that he was always capable of being.

Get Out of Debt

Success in getting out of debt can be yours with the same hard and work and determination.  If you are struggling with debt you can’t pay schedule an appointment to talk with an experienced bankruptcy lawyer.  Most bankruptcy lawyers do not charge to evaluate your situation.  Invest an hour of your time.  It’s your future—make it a great debt free one!

B is for Bifurcate, which is a complicated word for a simple process.

When you bifurcate a claim, you split it into a secured portion and an unsecured portion.  Unsecured creditors in Chapter 13 are not paid interest.  By bifurcating a claim, you can substantially reduce the amount you have to pay for certain items.

Here is an Example of Claim Bifurcation

Let’s look at an example.  You are filing a chapter 13 case.  You purchased a vehicle and financed it more than 910 days ago.  The debt owed on the vehicle at the time you file your case is $20,000.  The vehicle has been wrecked, has high mileage, and some mechanical problems.  The NADA retail value for the vehicle is $10,000.  In your chapter 13 case, you can split the claim into a $10,000 secured portion and a $10,000 unsecured portion.  Only the secured portion will receive interest.  The unsecured portion will be discharged at the end of your case with the remainder of your unsecured creditors.

Interest Rate set by the Court

The interest rate that you will have to pay is determined by the Bankruptcy Court.  Most Bankruptcy Courts add 2 points to the prime lending rate at the time of the filing of the case.  For Bankruptcy Debtors who have high interest rate loans, the ability to split the claim and pay a lower interest rate allows them to experience significant savings through their Bankruptcy Case.

Only Certain claims can be bifurcated

Not all secured claims can be bifurcated.  For instance, you cannot bifurcate a claim secured only by real estate that is your primary residence.  Additionally, you cannot bifurcate a creditor’s claim if you have not had the vehicle for more than 910 days unless the loan is a refinance of the vehicle.  With a vehicle loan, you can reduce the interest rate even if you cannot bifurcate the claim.   Bifurcating a creditor’s claim, when it is an available option, can substantially benefit you in your case.  Your Tuscaloosa and Birmingham Bankruptcy Lawyer can help you determine if bifurcating a creditor’s claim is an available option and how much it can help you in your case.

More Information about “The ABC’s of Bankruptcy.”

Attorneys from around the United States are taking part in “The ABC’s of Bankruptcy.”  Check out these other blog posts for the letter “B.”

Bad Faith Filing by Miami Bankruptcy Attorney, Dorota Trzeciecka 

Bank Account by New York Bankruptcy Lawyer, Jay S. Fleischman

Bank Account by Daniel J. Winter, Chicago Bankruptcy Attorney

Bank Account Levy by Philadelphia Bankruptcy Lawyer, Raymond Kempinski

Bank Tips by Wisconsin Bankruptcy Lawyer, Bret Nason

Bankruptcy by Taylor Michigan Bankruptcy Lawyer, Christopher McAvoy

Bankruptcy Abuse Prevention and Consumer Protection Act by Livonia Michigan Bankruptcy Attorney, Peter Behrmann

Bankruptcy Estate by Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein

Bankruptcy Mill by Chicago Bankruptcy Attorney, Kyle A. Lindsey

Bankruptcy Petition Preparers by Colorado Springs Bankruptcy Attorney Bob Doig

Bankruptcy Petition Preparers by Los Angeles Bankruptcy Law Monitor, Christine Wilton

Bankruptcy Timeline by Pittsburgh Bankruptcy Attorney Shawn N. Wright

Bar Date by Ormond Beach Bankruptcy Attorney, Lewis Roberts

Benefits of Chapter 13 by Vermont-New Hampshire Bankruptcy Lawyer, Michelle Kainen

Best Efforts Test by St. Louis, Missouri Bankruptcy Attorney, Nancy Martin

Best Interest of Creditors by Honolulu Bankruptcy Attorney, Stuart Ing

Beware of these Credit Card Offers by Marin County Bankruptcy and Consumer Attorney, Catherine Eranthe

Borrow by San Francisco Bankruptcy Attorney, Jeena Cho

Budget by Columbus, Ohio Bankruptcy Attorney, Athena Inemboildis

Budget by Birmingham Bankruptcy Attorney, Elizabeth Johnson

Budget by Charlotte Bankruptcy Attorneys, Collum & Perry

Business by Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell

Business by Northern California Bankruptcy Lawyer, Cathy Moran

Business & Individuals by Philadelphia Suburban Bankruptcy Lawyer, Chris Carr

Business bankruptcy by Los Angeles Bankruptcy Blog, Mark J. Markus

Businesses and Business Debt by Newnan Georgia Bankruptcy Lawyer, Rick Palmer

Buy Low and Sell High by Cleveland Area Bankruptcy Lawyer, Bill Balena

Bad Credit by Houston Bankruptcy Attorneys, Busby & Associates

Bruce Wayne Bankrupt? by Detroit Michigan bankruptcy lawyer Kurt OKeefe

Bank Statement by Westlake OH bankruptcy Attorney William Balena

A is for Address – The Importance of Correct Addresses

One of the most important things you should do as a debtor is provide your Tuscaloosa and Birmingham Bankruptcy lawyer a correspondence address for each of your creditors.  The address is usually found on your statement.  It is different from the payment address (the address to which you send your monthly payment).  Understanding the difference in the two addresses is critical to your receipt of a bankruptcy discharge.  Notices sent to a payment address will often be returned and may not qualify as notice to the creditor.  If a creditor does not receive notice of the filing of your case, the debt might not be discharged.  Your Tuscaloosa and Birmingham Bankruptcy Lawyer cannot locate the addresses for you.

What Your Tuscaloosa and Birmingham Bankruptcy Lawyer Needs

It is your responsibility to ensure that you provide us with:

• The complete name of a creditor;
• a complete mailing address including account number;
• the amount owed (you should try to provide the most recent balance); and
• the date the debt was incurred.

Providing a correct and complete address puts you on the right path to receiving your discharge without delay or problems. By providing this information you increase the likelihood that a creditor will actually file a claim in your Chapter 13 Bankruptcy case.  In order to meet the goals that you set for your Chapter 13 case (for example, to pay for your car through your chapter 13 plan) the creditor must  file a claim.  If no claim is filed by the deadline, the Trustee may object to the claim and you may not be able to pay your car through the Chapter 13 plan as originally planned.

Making Your Bankruptcy Case Run Smoothly

The more more accurate the addresses you provide, the easier and the better your case will be for everyone.  So remember, A is for Address.

More Information about “The ABC’s of Bankruptcy.”

Attorneys from around the United States are taking part in “The ABC’s of Bankruptcy.”  Check out these other blog posts for the letter “A.”

Abandonment by New York Bankruptcy Lawyer, Jay S. Fleischman

Abuse by Wisconsin Bankruptcy Lawyer, Bret Nason

Abuse by Pittsburgh Bankruptcy Attorney, Shawn N. Wright

Advantages by Columbus, Ohio Bankruptcy Lawyer, Athena Inembolidis

Adversary Proceeding by Philadelphia Bankruptcy Lawyer, Kimberly Coleman

Alimony by Philadelphia Suburban Bankruptcy Lawyer, Chris Carr

Amendment by Miami Bankruptcy Attorney, Dorota Trzeciecka

Application by Lakewood, CA Bankruptcy Attorney, Christine A. Wilton

Arrest by Cleveland Area Bankruptcy Attorney Bill Balena

Ask by San Francisco Bankruptcy Attorney, Jeena Cho

Assets by San Rafael Bankruptcy Attorney, Catherine Eranthe

Assets by Hawaii Bankruptcy Attorney, Stuart Ing

Assets by Jacksonville Bankruptcy Attorney, Monica D. Shepard

Assets by Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein

Assuaging Your Concerns by Charlotte Bankruptcy Attorneys, Collum & Perry

Assume by Northern California Bankruptcy Lawyer, Cathy Moran

Assumption by Allen Park Michigan Bankruptcy Attorney, Christopher McAvoy

Assumption by Los Angeles Bankruptcy Lawyer, Mark J. Markus

Assumptions by Newnan, Georgia Bankruptcy Lawyer, Rick Palmer

Attachment by Vermont-New Hampshire Bankruptcy Lawyer, Michelle Kainen

Attorney by Law Offices of Daniel J. Winter

Automatic Stay by Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell

Automatic Stay by Chicago Bankruptcy Attorney, Kyle A. Lindsey

Automatic Stay by Livonia Michigan Bankruptcy Attorney, Peter Behrmann

Automatic Stay by Connecticut Bankruptcy Lawyer William E. Carter

Automatic Stay by Birmingham Bankruptcy Attorney, Elizabeth Johnson

Automatic Stay by Houston Bankruptcy Attorneys, Busby & Associates

Automobiles by Colorado Springs Bankruptcy Lawyer Bob Doig

Avoidance by Ormond Beach Bankruptcy Attorney, Lewis Roberts

Avoidance of Preferential Transfers by St. Louis, Missouri Bankruptcy Attorney, Nancy Martin

Allowance by Westlake Bankruptcy Attorney William Balena

Reaffirmation, Surrender or Redemption?

One of the decisions that a Chapter 7 debtor must make when filing a bankruptcy case is what to do with property securing a debt.  Debtors living in the area covered by the Eleventh Circuit Court of Appeals have one of three options.  A Debtor’s options are

• reaffirm the debt owed to the creditor;
• surrender the collateral securing the debt owed to the secured creditor; or
• redeem the secured collateral for its value on the day of the filing of the bankruptcy case.

Reaffirming a Secured Debt

A reaffirmation agreement is a written document setting out the terms under which a debtor will repay a secured debt after the filing of the bankruptcy case.  The reaffirmation agreement must be signed by the creditor and the debtor.  The Bankruptcy Code also requires that the agreement be signed by the Debtor’s attorney with a certification that continuing to pay the debt will not create an undue hardship on the debtor or the debtor’s dependents.  The reaffirmation agreement must be filed prior to the entry of the debtor’s discharge.

Surrendering Collateral to a Secured Creditor

Liens, unless avoided, pass through bankruptcy as if a case had never been filed.  When a debtor decides to surrender secured property, the creditor has the right to recover the property.  However, the debtor has no further obligation to make payments.  When the discharge is entered, the debtor’s liability becomes non-recourse.  Non-recourse means that the creditor can only recover  the collateral and sell it to pay the debt.  If the property is worth less than the debt, the creditor cannot pursue the debtor for any shortfall.  If the property is sold for more than the debtor owes, the debtor or the Trustee is entitled to any money over that required to pay the debt.

Redeeming Secured Property

The final option available to a debtor is to redeem the property.  To redeem secured property, the debtor must file a motion and pay cash equal to the value of the property on the day of the filing of the bankruptcy case.

What happens if I just keep paying and don’t reaffirm?  No Reaffirmation, Surrender or Redemption!

Notwithstanding the 11th circuit’s ruling, many mortgage companies, but not all, take the position that as long as you remain current on your payments they will not seek to foreclose after your chapter 7 bankruptcy case. The problem with this approach is that the mortgage company no longer reports to the credit bureau regarding your timely payments. When your timely payment history is not reported, it makes it difficult for you to rebuild your credit score. If you do reaffirm a debt in your chapter 7 bankruptcy case, you need to make sure that your lender will continue to report your payment history. The reporting of your timely payments will allow your credit score to rise post filing.

You Must File Chapter 13 BEFORE Your Car is Repossessed

In the 11th Circuit Court of Appeals case of Lewis v. Charles R. Hall Motors, Inc. (In re Lewis), 137 F.3d 1280, 1282 (11th Cir.1998), the Appeals Court determined that Alabama Debtors cannot compel the return of a car that was repossessed prior to the filing of their bankruptcy case.  Occasionally, a creditor will agree to give the car back but you should not count on this happening.  If you are behind on your car payments, you need to speak to an experienced bankruptcy before your car is repossessed.

Lowering Your Interest Rate With a Chapter 13 Bankruptcy Case

Many people find themselves in a situation where the only car loan they can get is one with a very high interest rate.  In a Chapter 13 case you can lower the interest rate you are paying on your car.  For example, if your interest rate is 29% (yes, I said 29% and yes I see loans like this everyday), you can reduce to interest rate to as little as 4.25% in the Western Division of the Northern District of Alabama.

On a $20,000 loan the payment at 4.25% would be $394.36 per month.  At the 29% interest rate, the payment was $655.43 per month.  That is a savings of $261.07 per month!

Save Even More By Reducing The Amount You Have To Repay

The bankruptcy code allows a debtor to split (“bifurcate”) a secured claim into two parts when the value of the property is less than the amount owed.  One part of the claim is treated as a secured claim while the remaining balance is treated as an unsecured claim.  There are two conditions that must be met for you to bifurcate a car claim in Chapter 13:

• first you must have owned the car for more than 910 days or the loan on the car must be one that was not used to purchase the vehicle; and
• second, the value of the car must be less than the amount you owe.

The Real Life Savings

Lets stay with our same example that we used above to show you how this works in real life.  The $20,000 loan is secured by a car that is 8 years old and is only worth $8,000.  The Debtor purchased the vehicle 3 years ago.  In the Chapter 13 plan, the debtor can propose to repay the car debt as follows:

• Secured portion of $8,000;
• Interest rate of 4.25%;
• Unsecured portion of $12,000 paid at the same percentage as other unsecured claims (the percentage rate could be from zero to 100%);
• repayment period of 56 months;
• The resulting payment would be $158.00 per month;
• TOTAL SAVINGS: $497.43!

Saving Your Car and Saving Big Bucks

I am often asked how can I afford an experienced bankruptcy lawyer when I can’t even afford to pay my bills.  Well ladies and gentlemen, I just showed you how!

Experienced Birmingham and Tuscaloosa Alabama bankruptcy attorneys can restructure your finances so that you can not only afford their ,you can afford to live a better life!  When we are in debt we tend to think there is no hope.  That is the wrong way to think.  Pick up the phone and talk to an experienced Birmingham or Tuscaloosa bankruptcy lawyer.  You might just find the answers you need to get out of debt once and for all!

Are you behind on your mortgage? Is your lien holder threatening to foreclose on your home?

If you are facing Foreclosure, an Experienced Birmingham or Tuscaloosa Bankruptcy Lawyer Can Help!

Many people get behind on their mortgage because of lost earnings, illness, or other circumstances that are sometimes beyond their control. When their financial situation improves, they find themselves fighting to save their home while the mortgage company demands thousands of dollars, in a lump sum, to let them keep their house.

If you can afford to make your current monthly payment but you don’t have the thousands of dollars needed to cure the past due amount, an experienced Birmingham or Tuscaloosa bankruptcy attorney can help!

Chapter 13 bankruptcy offers bankruptcy debtors the ability to continue paying their regular mortgage payment while spreading the past due amount over as much as 60 months. You do not have to pay interest on the past due amount if your mortgage was incurred after 1994.

That’s right, you can save your home!

If you are facing foreclosure, pick up the phone and call an experienced Birmingham or Tuscaloosa bankruptcy lawyer to see how you can immediately stop the foreclosure and save your home. Don’t be a victim. Fight to save your home!

What is Lien Stripping?

Lien stripping is the process used to split (bifurcate) a secured claim into two parts. The first part of the claim is secured to the extent of the value of the property. The second part of the claim is treated as unsecured since there is no value to which the claim can attach.

The statutory authority for splitting a claim into a secured and an unsecured portion is found in 11 U.S.C. Section 506.

How is Lien Stripping Used?

Lien stripping is used in Chapter 13 bankruptcy cases to wipe out debt owed to second mortgage holders or junior lien holders when the value of the property is insufficient to cover the debt owed on the first lien.

In today’s economy where many homes are worth less than the amount owed on the first mortgage, lien stripping offers a bankruptcy debtor an opportunity to eliminate debt owed to creditors junior to the first mortgage. This limited relief is an exception to the general rule that specifically prohibits modification of a debt owed on a debtor’s principal residence.

Prohibition Against Modification of Mortgage on Principal Residence

The prohibition against modifying a loan secured by the debtor’s principal residence prevents debtors from writing down the first mortgage debt even if the value of the house is less than the total of the debt owed.

Lien Stripping Not Available in Chapter 7 Bankruptcy Cases

In Dewsnup v. Timm, 502 U.S. 410, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992), the United States Supreme Court determined that lien stripping is not available in a chapter 7 bankruptcy case.

If you would like to find out more about lien stripping and whether you qualify to file a Chapter 13 case, schedule a consultation with an experienced Birmingham or Tuscaloosa bankruptcy lawyer.  Call today and see how much money you can save.

The place where you live usually determines where your bankruptcy case will be filed.

Your bankruptcy case will be filed in the federal district in which you have resided the longer of the last 180 days prior to the filing of your bankruptcy case.  It would also be proper to file a case in the place where your principal assets are located.  The place where your principal place of business is located is also a proper venue for the filing of your bankruptcy case.

Understanding the Federal Court System Will Enable You to Determine Where Your Case Will Be Filed

To understand exactly where you case will be filed and where you will go to Court, you need to understand how the Federal Court system is divided.  The United States Supreme Court is the highest Court in the land.  The Federal Court System is then broken into Circuits and further broken down into districts and then divisions. There are eleven judicial circuits. Alabama is located in the Eleventh Circuit. The Federal Courts in Alabama are divided into three federal districts. Those districts are the Northern, Middle, and Southern Districts of Alabama.  All bankruptcy courts are units of the district court for the district in which they sit.  When a bankruptcy case is filed, it is automatically redirected from the district court to the bankruptcy court.  This is called the Rule of Reference.

The Structure of the Northern District of Alabama Federal District Court

The Northern District of Alabama is divided into four divisions. Each division is made up of counties located within the Northern half of the state.

The Southern Division of the Northern District of Alabama

The Southern Division includes Blount, Jefferson and Shelby counties. The Southern Division Bankruptcy Judges hear cases in Birmingham, Alabama.  There are three Bankruptcy Judges in the Southern Division.  Those judges are the Honorable Thomas B. Bennett, the Honorable Benjamin G. Cohen, and the Honorable Tamara O. Mitchell.  If you live in Blount, Jefferson, or Shelby County, your case will randomly be assigned to one of the three Birmingham Bankruptcy Judges.  Each of the Bankruptcy Judges have their own staff, expectations, and procedures.  Hiring an experienced bankruptcy lawyer is extremely important in any division but the different expectations of the three judges in the Southern Division make experience an even more critical factor.

The Eastern Division of the Northern District of Alabama

The Eastern Division includes the following counties: Marshall, De Kalb, Cherokee, Etowah, St. Clair, Calhoun, Cleburne, Talladega, and Clay. Judge James Robinson is the Bankruptcy Judge in the Eastern Division. Judge Robinson hears cases in Anniston and Gadsden, Alabama.

The Western Division of the Northern District of Alabama

The Western Division includes Marion County, Winston County, Walker County, Lamar County, Fayette County, Tuscaloosa County, Pickens County, Sumter County, Green County, and Bibb County. The Honorable C. Michael Stilson is the Bankruptcy Judge for the Western Division. Judge Stilson hears cases in Jasper and Tuscaloosa.

The Northern Division of the Northern District of Alabama

The Northern Division includes the following counties: Lauderdale, Limestone, Madison, Jackson, Colbert, Franklin, Lawrence, Morgan, Winston, and Cullman. The Honorable Jack Caddell is the Bankruptcy Judge for the Northern Division.