Attorney Author

Articles by Damon Duncan

Bankruptcy Basics

What If My Mortgage Company Refuses Payment?

If your mortgage company refuses to accept your first payment after filing bankruptcy, either online or by returning your payment in the mail, you should try sending it to them through the mail again and keep copies of the correspondence/information you sent them plus a copy of the postmarked envelope. If they return the payment again, you should contact your attorney.

Read more
Bankruptcy Basics

How to Pay Attorney's Fees for Bankruptcy

We also understand that because times are tough, funds are limited. That’s why we set up an Easy Payment Plan with all of our clients for your attorney fees. Through our Easy Payment Plan, YOU set the payment schedule for your attorney fees based on your income and how often you get paid. After you have paid the attorney fees, federal court filing fee, completed and paid the credit counseling fee, submitted the proper paperwork and met with an attorney at Duncan Law, your case will be filed with the Court and you can begin your new financial life.

Read more
Bankruptcy Basics

What to Bring to My Free Bankruptcy Consultation

Thank you for your interest in our firm. We know the decision to pursue bankruptcy was not easy for you. Our goal is to make the process as simple as possible for you and your family. We also want your free consultation to be helpful to you. As a result, we have a list of items for you to bring to your free consultation. Although you are not required to bring every document below, the more information you are able to bring to your consultation, the more precise we can be in determining your eligibility for bankruptcy.

Read more
Chapter 7 Bankruptcy

How Does Chapter 7 Bankruptcy Affect My Credit?

You should first understand the difference between your credit score and your ability to obtain credit. Often, these words are used interchangeably and confusion can occur. Your credit score is the number the credit reporting agencies assign to your credit. It is based on your history of making payments on your debts. Your ability to obtain credit is based on your ability to make payments in the future and is determined by your income and your debts. If your debts exceed your ability to make payments, you may be unable to obtain credit even if you have consistently paid your debts on a timely basis. In other words, you may have a good credit score yet be unable to purchase a car because you have too much debt.

Read more
Chapter 13 Bankruptcy

How Does Chapter 13 Bankruptcy Affect My Credit?

You should first understand the difference between your credit score and your ability to obtain credit. Often, these words are used interchangeably and confusion can occur. Your credit score is the number the credit reporting agencies assign to your credit. It is based on your history of making payments on your debts. Your ability to obtain credit is based on your ability to make payments in the future and is determined by your income and your debts. If your debts exceed your ability to make payments, you may be unable to obtain credit even if you have consistently paid your debts on a timely basis. In other words, you may have a good credit score yet be unable to purchase a car because you have too much debt.

Read more
Bankruptcy Basics

What is Credit Counseling?

With the new bankruptcy laws in 2005, Congress passed legislation requiring a person filing bankruptcy to take a credit counseling course within the 180-day period preceding the date the bankruptcy case is filed with the court. A certificate of completion must be filed with your bankruptcy. Most of the approved credit counseling companies provide the course online and the fees vary by company. However, it is important that you take your credit counseling course from an approved credit counseling company.

Read more
Bankruptcy Basics

What is the Financial Management Course?

As you know, you must take a financial management course and file the certification with the bankruptcy court to receive a discharge in your bankruptcy. We recommend you take the financial management course as soon as you receive your case number but before your creditors meeting. If you are married, each person must take the course separately, and you and your spouse will receive two different control numbers. Most of our clients take the course online at Hummingbird Credit Counseling. This is important. If you have any questions regarding when to take the financial management course, please contact our office. If you have questions regarding the actual course on the Hummingbird Credit Counseling website, please contact Hummingbird at the phone number listed on their website.

Read more
Bankruptcy Basics

Will I Have to Go to Court for Bankruptcy?

These are common questions that many people have about bankruptcy. In an effort to provide you with information we have provided these frequent questions. However, it is important to realize that each state has different rules and these answers are not meant to be legal advice. Contact a bankruptcy attorney to learn more.

Read more
No Cost. No Commitment. No Judgment.

Ready to talk about your options?

We answer calls 24 hours a day. A free phone consultation takes 20–30 minutes and leaves you with a clear picture of your options — no obligation whatsoever.