Bankruptcy

Bankruptcy Attorney in DeSoto County

Helping Clients Seek Debt Relief

Heidi S. Milam, Attorney at Law, PLLC is an experienced bankruptcy attorney in DeSoto County, MS. She has helped countless individuals and businesses salvage their finances through Chapter 7 and 13 bankruptcies without losing personal property. She can help you decide which option will work better for your situation, whether it’s Chapter 13 or Chapter 7 bankruptcy. During your consultation, we will carefully explain the differences between the two, how the process works, and what we need to proceed. From there, she will make sure you meet your obligations, and our firm will protect you and your property from your creditors.

Get started with a free initial consultation by calling our DeSoto County bankruptcy lawyer at (662) 855-0027 or filling out our online contact form .

How Bankruptcy Can Help You Reclaim Your Life

Our Mississippi bankruptcy services help clients move forward at a time when things seem most hopeless. Anyone who has had a significant sum of debt can attest to the overwhelming amount of calls creditors make to retrieve their money. And everyone who has gone down this path understands how hard it is to pay off debts without incurring new ones. Fortunately, Chapter 7 and 13 bankruptcies offer solutions to all these problems.

Chapter 7 and 13 bankruptcies can help you address issues such as:

Credit Card Debt - Credit cards are an alluring option for those without immediate cash-on-hand, but they can cause trouble quickly. In extreme cases, bankruptcy is the best way forward.
Foreclosures - Before you allow the bank to take your home, call us. Under Chapter 13 bankruptcy, you can roll past-due mortgages into a debt repayment plan.
Wage Garnishments and Repossessions - Protect your salary and possessions by contacting Heidi S. Milam, Attorney at Law, PLLC when you receive a notice for either of these items.
Automatic Stay - The most stressful part of a debt is the relentless calls from your creditors. Bankruptcies include an automatic stay, forcing creditors to cease calling you.
Bankruptcy in Divorce - If you have considerable debts and are considering a divorce, you might want to file for divorce first. However, contact us first. Not all situations are equal.
Medical Debt - Some medical procedures, like surgeries, carry astronomical price tags ordinary Mississippians can’t afford. We offer customized debt solutions.
Emergency Bankruptcy Protection - Foreclosures, repossession, wage garnishments, and lawsuits are not foregone conclusions. You can fight them with emergency bankruptcy protection.
Lien Stripping - In some cases, you can peel away a second or third mortgage because these debts are no longer secured by collateral. The Chapter 13 process can resolve them.
Life After Bankruptcy - Bankruptcy is only the beginning. We want to give you the tools to resolve current debt and achieve a perfect credit score in the future!

Bankruptcy Filing Steps in DeSoto County Explained

Filing for bankruptcy can be a complex and overwhelming process, which is why it is important to have an experienced bankruptcy attorney on your side. At Heidi Milam, we understand the challenges that come with seeking debt relief, and we are committed to helping you navigate the process with ease and confidence.

Here's an overview of what to expect when filing for bankruptcy:

Pre-filing Counseling: Before you can file for bankruptcy, you must complete a credit counseling course from an approved agency.
Filing the Petition: Your bankruptcy attorney will prepare and file the necessary legal documents, including the bankruptcy petition, schedules, and statements.
Automatic Stay: Once your petition is filed, an automatic stay goes into effect, which stops all collection activities by your creditors.
Meeting of Creditors: You will be required to attend a meeting of creditors, where you will answer questions under oath about your finances and the circumstances that led to your bankruptcy.
Debt Discharge: If your bankruptcy is approved, your eligible debts will be discharged, meaning you are no longer responsible for paying them.

Our bankruptcy practice areas include Chapter 7 bankruptcy, Chapter 13 bankruptcy, and debt settlement. We can help you determine which option is best for your unique financial situation and guide you through every step of the process.

Don't let overwhelming debt control your life. Contact us today to schedule a consultation with a skilled bankruptcy attorney.

Choose Heidi Milam: Trusted Bankruptcy Guidance in Southaven

Filing for bankruptcy can be a complex and overwhelming process, but having an experienced bankruptcy attorney on your side can make all the difference. At Heidi Milam, we are committed to helping our Southaven clients navigate the bankruptcy filing process with ease.

Here are just a few reasons why you should choose us as your bankruptcy attorney:

Experienced: Our team has years of experience helping clients seek debt relief and get the fresh start they deserve.
Compassionate: We understand that financial struggles can be stressful and emotional, and we will always treat you with empathy and compassion.
Personalized Approach: We take the time to understand your unique financial situation and goals, and we will work with you to create a customized bankruptcy plan that meets your needs.
Accessible: We are always available to answer your questions and provide support throughout the bankruptcy process.

If you're ready to take the first step towards a debt-free future, contact us today to schedule a free consultation with our bankruptcy experts.

Understanding Bankruptcy in DeSoto County: Local Insights and Resources

Filing for bankruptcy in DeSoto County, MS, comes with its own set of challenges and considerations. At Heidi S. Milam, Attorney at Law, PLLC, we are deeply familiar with the local landscape and the unique financial pressures faced by residents in this area. Whether you're in Southaven, Olive Branch, or Horn Lake, our team is here to guide you through the complexities of bankruptcy with a personalized approach.

One of the key pain points for many DeSoto County residents is the fear of losing their homes or personal property. With the rising cost of living and unexpected financial hardships, it's not uncommon for individuals to find themselves overwhelmed by debt. Our firm is committed to helping you navigate these challenges, ensuring that you understand your options under Chapter 7 and Chapter 13 bankruptcy.

We also recognize the importance of local resources in the bankruptcy process. DeSoto County residents can benefit from the support of local government entities such as the DeSoto County Chancery Court and the DeSoto County Economic Assistance Office. While we do not partner directly with these entities, we can guide you on how to utilize their resources effectively during your bankruptcy journey.

For those living in Southaven, the proximity to Memphis, TN, adds another layer of complexity, especially if you have debts or assets across state lines. Our team is well-versed in handling such cases, ensuring that all legal nuances are addressed. We also understand the local economic conditions and how they impact your financial situation, allowing us to provide tailored advice that resonates with your specific needs.

At Heidi S. Milam, Attorney at Law, PLLC, we are more than just a legal service; we are a part of the DeSoto County community. We understand the local culture, the economic challenges, and the resources available to help you achieve financial stability. Contact us today to schedule your free initial consultation and take the first step towards a debt-free future.

Commonly Asked Questions

What is Bankruptcy?

Bankruptcy is a legal process that allows individuals or businesses to eliminate or repay their debts under the protection of the federal bankruptcy court.

What is The Difference Between Chapter 7 vs. Chapter 13 Bankruptcy?

Chapter 7 bankruptcy is a liquidation bankruptcy that allows you to discharge most of your unsecured debts, while Chapter 13 bankruptcy is a reorganization bankruptcy that allows you to repay your debts over a period of 3 to 5 years.

What Debts Can Be Discharged in Bankruptcy?

Most unsecured debts, such as credit card debt, medical bills, and personal loans, can be discharged in bankruptcy. Some debts, such as student loans and tax debts, cannot be discharged in bankruptcy.

How Long Does Bankruptcy Stay on My Credit Report?

Bankruptcy can stay on your credit report for up to 10 years, depending on the type of bankruptcy you file. However, you can start rebuilding your credit immediately after your bankruptcy is discharged.

What should I expect during the initial consultation for bankruptcy in Southaven?

During the initial consultation for bankruptcy in Southaven, you can expect a thorough discussion of your financial situation. The attorney will explain the bankruptcy process, including the differences between Chapter 7 and Chapter 13, and assess which option may be more suitable for you. You'll learn about the steps involved, such as credit counseling, filing the petition, and the automatic stay. The goal is to provide you with the information you need to make an informed decision about proceeding with bankruptcy.

Why is it important to have a bankruptcy attorney in DeSoto County?

Having a bankruptcy attorney in DeSoto County is crucial because they have a deep understanding of local court procedures and federal bankruptcy laws. An attorney can help ensure that your bankruptcy petition is filed correctly, represent you in court, and negotiate with creditors on your behalf. Their experience can be invaluable in helping you retain as much property as possible and in navigating the complexities of the bankruptcy process, ultimately providing peace of mind and a more favorable outcome.

Contact us online or by calling (662) 855-0027 today!

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We Help You File for Bankruptcy Without Property Loss

Contrary to what many believe, Mississippi law has exemptions that allow people and organizations to keep substantial amounts of personal property. For example, there is a $75,000 homestead exemption that enables many to keep their homes. And the $10,000 personal property exemption allows clients to keep the majority of their assets, including cars. Our bankruptcy lawyers in Southaven, MS can help you utilize the protections available to you and walk away from bankruptcy without losing significant assets.

Heidi S. Milam, Attorney at Law, PLLC is here to help. Call our bankruptcy lawyer in DeSoto County today at (662) 855-0027 to begin the process.

"Staff was friendly and considerate. Would recommend this office to anyone."
- Karen S.
"I would recommend attorney Milam to anyone seeking an attorney to help them with financial problems."
- William D.
"Was very helpful with giving the information I needed."
- Jonathan W.
"Her staff is so professional and sweet."
- Megan T.

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Bankruptcy Frequently Asked Questions

How much does it cost to file bankruptcy?

It depends on the type of bankruptcy you file.
Chapter 13 bankruptcy costs include court costs of $310, a credit report fee ($40-$75), a credit counseling fee ($15-$36), a financial management course ($10-$50), and an attorney fee. The attorney fee is set by the court in each district and currently is $3,600 in this district.
Normally, the upfront cost to file will include the court costs, credit report fee, and credit counseling fee. The attorney fee is paid through the plan in monthly installments. The financial management course may be paid for after filing.
Chapter 7 bankruptcy costs include court costs of $335, a credit report fee ($33-$53), a credit counseling fee ($10-$36), a financial management course ($8-$50), and an attorney fee. I currently charge $1,100 for the average Chapter 7. Financing may be available depending on your circumstances for a Chapter 7.
If I file Chapter 7, can I keep my house and my car?

Yes, normally you can keep them in Mississippi if you are current on your house and car payments.
Each state has what are called exemptions, which are amounts that the Legislature has determined are yours to keep and are untouchable by your creditors. In Mississippi, the homestead exemption is $75,000, meaning that you can have up to $75,000 equity in your home and your creditors are not allowed to touch it. Therefore, if you own a house worth up to $75,000 or if you have equity up to $75,000, you can keep your house and file Chapter 7. You will, of course, also have to pay your mortgage company if you want to keep the house.
The personal property exemption in Mississippi is $10,000, which means that if your car is worth less than $10,000 or if you have less than $10,000 equity in the car, you can keep your car if you file Chapter 7. You will, of course, also have to pay the creditor for the car to keep it.
Do I qualify for Chapter 7 bankruptcy?

It depends on your income. On October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective. This law made it more difficult, but not impossible, for someone with above-median income to qualify for Chapter 7 bankruptcy. The median income in Mississippi for a household of one was $35,784 in 2015, the latest figures available. For a household of two, it was $44,832, a household of three was $47,339, and a household of four was $59,126.
If you are above the median income for your household size, there is still a good chance you can qualify for Chapter 7 bankruptcy. Congress devised a long formula to determine eligibility called the means test. To determine if you pass the means test, we must enter six months of household income, deductions from income, some expenses that are allowed under the means test, and secured and priority debts. Most people who are only slightly over the median income and those with large amounts of secured debt will qualify for Chapter 7 bankruptcy.

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