Banks McNally & Dodge horizontal logo

Bankruptcy 

A Fresh Financial Start Is Within Reach

Compassionate. Client-Centered. Results-Driven.

You Deserve Relief — and a Path Forward

Debt doesn't happen because of bad character — it happens because life is unpredictable. A job loss, a medical crisis, a divorce, or simply years of rising costs can push even the most responsible people to a financial breaking point. If you're lying awake at night worrying about calls from creditors, a looming foreclosure, or a paycheck that's been garnished before it ever reaches you, know this: there is a way out.

Bankruptcy is not failure — it is a legal tool designed specifically to give hardworking people a second chance. Our attorneys are here to help you use it wisely and confidently. The sooner you act, the sooner your life can return to normal.

What Filing for Bankruptcy Can Do for You

The moment you file for bankruptcy, a powerful federal protection called the "automatic stay" takes effect immediately. It is a court-ordered halt to virtually all collection activity against you. Here is what that means in practical terms:

Stop Creditor HarassmentPhone calls, letters, and collection efforts stop the moment your case is filed. Creditors are legally prohibited from contacting you without court permission.
Stop Wage GarnishmentsIf your employer is currently deducting wages before you even see your paycheck, bankruptcy can stop that. Depending on your circumstances, those garnishments may not resume after your case concludes.
Stop RepossessionsFacing the loss of your car or other property? Filing bankruptcy can halt a repossession. You may also be able to restructure the loan balance and interest rate.
Stop ForeclosuresIf you have fallen behind on your mortgage, bankruptcy can create the breathing room you need. A reorganization plan can allow you to cure past-due amounts over time, bringing your loan current again and protecting your home from foreclosure.

Chapter 7 Bankruptcy: The Fast Track to a Fresh Start

called a "liquidation bankruptcy," but for most people, that term is misleading. The reality is that Idaho's generous exemption laws protect the property that matters most to you — your home equity, your car, your household belongings, and your retirement savings. What Chapter 7 actually does is eliminate the unsecured debt that has been weighing you down: credit card balances, medical bills, personal loans, and more.

The process is refreshingly fast. Most Chapter 7 cases are fully resolved in four to six months. You file your petition, attend a brief creditors' meeting (which often lasts just a few minutes), and your eligible debts are discharged. Our attorneys handle every piece of paperwork and accompany you to all court proceedings, so you never face this process alone.

Chapter 7 is likely a good fit if you:

  • Have significant unsecured debt (credit cards, medical bills, personal loans)
  • Have limited non-exempt assets
  • Meet the income threshold under the Chapter 7 means test
  • Want the quickest possible path to debt relief

Chapter 13 Bankruptcy: Reorganize, Recover, and Keep What Matters

Chapter 13 is the right tool when you have regular income and want to protect valuable assets — especially your home or vehicle — while catching up on past-due balances. Rather than eliminating debt outright, Chapter 13 restructures it into a manageable three-to-five-year repayment plan tailored to your actual income and living expenses. The bankruptcy court approves your plan and holds creditors to it.

During your repayment period, creditors cannot pursue collection activity, charge growing late fees, or threaten foreclosure. You can make one consolidated monthly payment to the bankruptcy trustee, who distributes funds to your creditors. At the conclusion of your plan, any remaining eligible unsecured debt is discharged.

Chapter 13 may be the right choice if you:

  • Are behind on your mortgage and want to save your home from foreclosure
  • Have a regular income but need relief from mounting debt
  • Own property you wish to protect beyond what Chapter 7 exemptions allow
  • Have debts that are not dischargeable in Chapter 7 (such as certain tax obligations)

We do not currently offer Chapter 13 bankruptcy services.  However, if Chapter 13 is right for you, we will refer you to another qualified attorney.

The Hidden Cost of Waiting

Research shows that most people wait two years or more before taking action on serious debt problems. That is two years of compounding interest, escalating late fees, sleepless nights, and missed opportunities to begin rebuilding your financial life. Every month you delay is a month of money lost — not saved.

A free consultation with our bankruptcy attorney costs you nothing. What you gain is clarity: a clear picture of your options, honest answers to your questions, and a concrete plan you can move forward with. 

Why Choose Our Firm

  • We handle everything. From the initial filing to your final discharge, our attorneys manage all paperwork and court appearances on your behalf.
  • Judgment-free guidance. We understand how you got here, and we focus entirely on where you are going — not on looking back.
  • Transparent fees. We clearly explain all costs up front — no surprises.
  • Responsive communication. You will always know where your case stands. We return calls and emails promptly because your peace of mind matters.

Take the First Step Today

A better financial future starts with a single conversation. Contact us today to schedule your free, confidential consultation. There is no obligation — only answers.

Serving East Idaho

This content is for informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Every financial situation is unique; please contact our office to discuss your specific circumstances.

Idaho Falls city building
Banks McNally & Dodge logo
An East Idaho Law Firm
info@banksmcnallydodge.com