Omaha Bankruptcy Attorney

Burke Smith Law

10730 Pacific Street
Ste. 213
Omaha, Nebraska 68114
USA

(402) 718-8865

(402) 218-4391

www.bankruptcyfdcpa.com

Contact the Firm

Law Firm Overview Free Consultation

Burke Smith Law advises clients regarding chapter 7 and chapter 13 bankruptcy, as well as alternatives to bankruptcy. We also help our clients deal with abusive and harassing debt collectors.

If you decide that bankruptcy is an option for you, there are a lot of attorneys to choose from. Here are a few of the things to keep in mind about our office and practice:  

• I am a solo practicing attorney with a minimum of staff. I don’t “process” my clients by seeing them once and then handing them off to a secretary or paralegal. When you need to talk to me, you will talk with me, not with a paralegal or assistant who can’t answer your question (or worse, gives you incorrect information).  

• I will be there for you after your bankruptcy case is done. There will be questions and issues, sometimes important ones, that come up after your case is supposedly “done”. I will be there to answer those questions as well as take the necessary legal actions if required. In many cases creditors take improper actions (and break the law when they do it) when it comes to someone who has successfully completed their bankruptcy and received a discharge. If that happens to you, I will be there to do what is necessary to make them stop and to pay damages if required.

Alternatives to Bankruptcy 
I can and will talk to you about options other than bankruptcy. You may be able to fix or resolve your financial issues without filing for bankruptcy and we will discuss what options may be available to you.

FDCPA
 
A big reason many people file for bankruptcy is to stop the phone from ringing off the hook or to stop the abusive or harassing messages left by debt collectors. If this describes your situation, you understand how frustrating and intrusive this can be. We have found that in many cases creditors who are abusing debtors with excessive phone calls are also violating the law in other ways as well. If this sounds familiar please understand that you can fight back! You have the right to be treated with decency, dignity and respect and if that is not happening you may be entitled to compensation. The Fair Debt Collection Practices Act (FDCPA) is the federal law that protects individuals from abusive and harassing debt collectors. Working with an attorney who knows how the FDCPA and bankruptcy process can work together, you may be able to achieve much more than you thought possible. Know your rights and put them to use!

This office is a debt relief agency. When necessary and appropriate, we help people file for bankruptcy relief under the Bankruptcy Code.

Practice Areas

Insolvency

Practice Areas Description

Burke Smith Law offers legal representation in areas of law related to:

- Bankruptcy

Bankruptcy is a Congressionally mandated set of laws that allow people, both individuals and married couples, to set aside their debts and get a fresh start, free of the sometimes overwhelming obligations that cannot be removed in any other way.

- Chapter 7

Sometimes called the “fresh start” or “straight discharge” or “liquidation” bankruptcy. Any assets not exempt are liquidated or sold by the bankruptcy trustee and the money collected is divided among the creditors. In most cases filed in Nebraska, people keep all of their possessions when filing under Chapter 7.

- Chapter 13

When a person or a couple make more money than average, they may be required to repay some or all of their debts over time, usually 3 to 5 years. This type of bankruptcy, also called a Wage Earner Bankruptcy, is used when a person is behind on their house payment; the past due payments (called “arrearage”) is paid over time. This protects the home from foreclosure. After the 3 or 5 years are completed and all payments made to the trustee, the person or couple are discharged from the bankruptcy and the mortgage is up to date. You keep all of your possessions when filing chapter 13. However, if you wish to surrender something, say a car that is worth far less than what you owe, you may do so and discharge or rid yourself of the debt as well.