Bankruptcy Attorney

BANKRUPTCY LAW


Trust the Experienced Lawyer Who Has Filed Over 6000 Successful Bankruptcy Cases Since 1990, the Most in South Dakota

  • Wage Garnishments
  • Harassing creditor calls
  • Foreclosures and reposessions
  • Bank levies

Filing Bankruptcy

Overwhelming debt can leave you feeling helpless. If you are threatened with losing your vehicle or home because you can no longer make your payments, there is hope; you can come out of this smarter, stronger, and on firm financial ground. At Thomas Blake Law, we are committed to help you alleviate your debt and help you make a fresh start. Federal bankruptcy laws are complicated. It is imperative that your case be handled correctly from the start. Your financial future is important and experienced legal representation is essential. We will closely analyze your case, prepare all paperwork, file legal documents, handle any creditor inquiries, attend the First Meeting of Creditors, and handle any other legal matters or issues that arise during your bankruptcy proceedings. If you are unsure about whether or not filing for bankruptcy is a smart option, please set up a free interview, you may also request a bankruptcy packet or study our bankruptcy FAQs page which will explain things and help determine what information you need to get started. Mr. Blake has filed more bankruptcy cases than any other attorney in South Dakota. Compare our experience and reasonable fees when filing bankruptcy. When you need a South Dakota bankruptcy attorney, call Thomas A. Blake Law Office to get the legal representation you need. At Thomas A. Blake Law Office, we know unmanageable debt can be a harrowing experience. Handle it the right way by working with a bankruptcy attorney who will work hard to discharge your debt and give you a fresh start. We specialize in:

  • Chapter 7 Bankruptcy
  • Chapter 13 Reorganization
  • Non-Bankruptcy Workouts
  • Payment Plans Available

Free Interview – your first meeting with Thomas Blake is always free, guaranteed!

Request for Free Interview (choose an option)

Personal Bankruptcy

Chapter 7 bankruptcy offers a fresh financial start. Married couples or individuals may declare personal bankruptcy in order to get out from under crippling consumer debt. Such debt may have accumulated due to divorce, loss of employment, uninsured medical debt, or other personal reasons.

Debt Reorganization

Chapter 13 is a form of debt reorganization, which allows and individual or couple to pay off all or a portion of their debt over time and come out of bankruptcy in a more stable position.

Non-Bankruptcy Workouts

This is an opportunity to negotiate existing debt with creditors to avoid filing for bankruptcy.


Chapter 7 Bankruptcy: Total or Near-Total Discharge of Debt

Chapter 7 bankruptcy eliminates dischargeable debt completely and forever!

During your initial visit to our office, we will determine if you are eligible to file for Chapter 7 bankruptcy. These five qualifiers will govern if filing for Chapter 7 bankruptcy is right for you:

  • Income and Expenses
  • Assets
  • Creditor Issues
  • Transactional Issues
  • Timing
FILING CHAPTER 7 BANKRUPTCY

If you are eligible to file for Chapter 7 bankruptcy, the bankruptcy process will require you to take an online credit counseling class, as well attend a bankruptcy hearing. Formal discharge, which is the court order that legally eliminates your debt, takes approximately ninety days from the original filing date. Your fresh start now begins!

Don’t qualify for Chapter 7 bankruptcy? Don’t give up! There are other options, including Chapter 13 bankruptcy. We will find a way that fits your unique situation to hand control of your finances back to you!


Chapter 13 Bankruptcy: Debtor pays back all or a portion of his debts over a 3 to 5-year period.

Chapter 13 bankruptcy is a powerful tool which allows you to reorganize your debt and get back on track. Contact Thomas Blake Law Office and make your fresh start today!

A common misconception about Chapter 13 bankruptcy is that you are simply being given a payment plan under which ALL debt must be repaid. This is simply not true—the amount you actually pay back is affected by factors such as your ability to pay and income.

Benefits of Chapter 13:

  • To Halt Foreclosure
    You can prevent your home from being foreclosed upon by filing Chapter 13 bankruptcy, which involves making past-due payments through a payment plan. This MUST be filed in advance of a sheriff sale. It is imperative you act as soon as possible to save your home from foreclosure.
  • To Avert Vehicle Repossession
    Filing Chapter 13 bankruptcy allows you to pay past-due automobile payments through a proposed payment plan. Through “cramming down,” it may be possible to negotiate payments based on the vehicle’s current value, rather than on what you actually owe. At Thomas A. Blake Law Office, we have been able to successfully negotiate this option for many of our clients
FILING CHAPTER 13 BANKRUPTCY

  • Gives Power Back to the Borrower
    Like no other option, Chapter 13 bankruptcy enables you to recover financially while legally retaining your valuable assets. At Thomas A. Blake Law Office, we will assist you in deciding if Chapter 13 bankruptcy is right for you, and help you move forward in filing your case.
  • Straightforward Process
    The Chapter 13 bankruptcy process is straightforward. You will be required to complete credit counseling courses and attend a hearing, but we will complete the bulk of the work on your behalf. The second hearing is the confirmation hearing, after which you must submit payment to the Chapter 13 bankruptcy trustee, who will then dispense those funds to your creditors. Upon completion of your payment plan, you will receive a court discharge that eliminates the balance of your dischargeable debt.
  • Save Time and Come Prepared
    Our bankruptcy worksheet is available for review.
  • Asset Protection
    If you have significant assets a Chapter 13 allows debitors to claim additional assets exempt.
  • Chapter 7 Bankruptcy Can Only Be Filed Every 8 Years
    If less than 8 years have passed since you last filed Chapter 7 bankruptcy, then it is not an option for your current situation. You may, however, file Chapter 13 bankruptcy and qualify for a discharge four years after a Chapter 7 filing.
  • Payment Preference.
    Perhaps you qualify for Chapter 7 bankruptcy, but prefer to make at least a small amount of payments to your creditors. That makes Chapter 13 a smart option.
  • Lien Stripping
    Through Chapter 13 bankruptcy, it is possible to have second or third mortgages removed from your home. Following discharge, your lender for the stripped lien must remove its lien from your home.

Trust the Experienced Lawyer Who Has Filed Over 6000 Successful Bankruptcy Cases Since 1990, The Most in South Dakota

505 W 9th St Suite 202,
Pettigrew Professional Building
Sioux Falls, SD 57104
Monday through Friday 8:00am – 5:00pm
Weekends and evening appointments available

Call 605-336-1216
legaladvice@tblakelaw.com

We are a debt relief agency. We help people file bankruptcy.