We are a husband and wife legal team that help families, individuals and businesses find relief from overwhelming debt under the Federal Bankruptcy Codes.
We know how important family and relationships are, that is why we never treat you like a number or a “case” but as an individual.
Everyone’s circumstances are different. At Whitten and Whitten we take the time to find out who you are and what you need.
Attorney Dan Whitten grew up in the city of Portage and has spent his life in Northwest Indiana. After service in the Army and several years as a Police Officer, Dan returned to school and obtained his Juris Doctorate from Valparaiso University School of Law.
Dan has spent the last decade focusing primarily on the practice of bankruptcy law. Dan has filed thousands of bankruptcies for individuals in the State of Indiana and still treats every client as an individual. Attorney Whitten understands that just as every person is different, every bankruptcy is different.
Dan gives the personal attention that every case not only needs, but deserves. Dan makes himself available for weekend appointments and every first consultation is always free.
Stacey Whitten is a lifelong resident of Northwest Indiana. Stacey grew up in the town of Hobart and attended Andrean High School and Indiana University. Stacey Continued her education and obtained her Juris Doctorate from the John Marshall School of Law in Chicago. Stacey is licensed to practice law in the State of Indiana.
Attorney Whitten is admitted to practice in the Northern District of Indiana. Besides her private practice of law, Stacey is the Assistant City Attorney for the City of Hobart. Stacey is also a former public defender for City of Hobart and former trial attorney.
Stacey has spent the last five years at Whitten and Whitten focusing primarily on the practice of Bankruptcy Law. (Chapters 7 and 13).
Stacey is very dedicated to her clients and their financial well being as well as their peace of mind. Stacey treats every one of her clients as an individual and not as a case number.
Bankruptcy is a legal procedure that provides relief to individuals and businesses in serious financial trouble and, to the extent possible, protects their creditors as well.
Generally, the bankruptcy process assesses the debtor’s assets and liabilities and provides a structure within which the debtor is allowed to keep some, and in most cases, all property and ordered to satisfy as many eligible debts as possible, according to an order of priority established by law. Remaining debts are discharged, except those of certain types, like domestic support orders, debt obtained by fraud and most tax debt.
The traditional stigma associated with declaring bankruptcy has faded, especially during financial times such as these, and been replaced by the view that it is a fresh start after a period of stress, unforeseen misfortunes or simple mistakes. Most bankruptcy debtors have experienced unexpected and extreme financial shock, such as that caused by sudden events such as job loss, business failure, death, divorce or illness.
At Whitten and Whitten, we have worked with hundreds of individuals facing the alternative of bankruptcy and can help you determine if this is the right path for you. If you are like most people, you probably have many questions and concerns. We understand. We want you to understand and know what is happening throughout this process. We have answered some of our clients most frequently asked questions, such as: “How long does it take?” “What is it going to cost?” “What do I need to do?” in the FAQ section below. However, nothing can substitute a face to face meeting with one of our Attorneys.
If you are overwhelmed and need relief, please make an appointment: WE CAN HELP!
A Chapter 7 Bankruptcy is sometimes referred to as a ‘liquidation’ or a ‘straight’ bankruptcy. In a Chapter 7, the debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors. The debtor receives a discharge of all dischargeable debts usually within four months. In the vast majority of cases the debtor has no assets that he would lose, so Chapter 7 will give that person a relatively quick “fresh start”.
Remember: One of the goals in declaring bankruptcy is to give those who are burdened and overwhelmed with debt a “fresh start!”
Chapter 13 Bankruptcy which is sometimes also referred to as a ‘reorganization’ or ‘repayment’ bankruptcy. Chapter 13 bankruptcy is filed by individuals or families who wish to pay off their debts over a period of three to five years.
This type of bankruptcy appeals to individuals who have non-exempt property that they want to keep. It is also an option for individuals who have predictable income and whose income is sufficient to pay their reasonable expenses with some amount left over to pay off their debts.
In many of our Chapter 13 cases that we file, our clients discharge much of their debt and only pay pennies on the dollar for their remaining unsecured debt.
Chapter 13 is most appealing to those that are facing repossessions and foreclosures. If you are considering filing a Chapter 13 bankruptcy, it is imperative you speak with a experienced and professional Attorney who has handled these cases in the past.
At Whitten & Whitten all first time consultations are free of charge.
We do not require you to bring any information, however if you are currently employed, your last two paycheck stubs could be helpful in helping you decide the best course of action.
Generally not. Once you come into the office we can run a credit report for you which should provide us with the information that we need. However you must remember, that it will finally be your responsibility to list ALL of your creditors and debts. If you leave off or omit a creditor, that debt will not be discharged and you will ultimately be responsible for it. This is why it is so important to speak with an Attorney if and when you are first considering bankruptcy.
Yes. When you file a bankruptcy, in almost every case, the bankruptcy court will issue an order to your creditors which prevents them from continuing any collection efforts against you outside of the bankruptcy court. Moreover, in almost every case, once you have filed for bankruptcy the court orders that all garnishments, home foreclosures and car repossessions are suspended.
No. The bankruptcy courts have provided rights and exemptions for individuals so they may keep their retirement pensions and 401Ks. In fact, by filing bankruptcy an individual can actually protect their retirement better if they have not filed.