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Kevin M Ryan

Kevin M Ryan

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  • Bankruptcy, Collections, Foreclosure Defense...
  • Alabama
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Summary

I have practiced in the area of consumer and business bankruptcy law for more than 20 years. I meet directly with every client and provide a free office consultation. I believe that this is the best way to learn your situation and to determine the best course of action with respect to every client's unique set of circumstances.

Practice Areas
  • Bankruptcy
  • Collections
  • Foreclosure Defense
  • Personal Injury
  • Real Estate Law
  • Consumer Law
Fees
  • Free Consultation
    We accept debit cards. Credit cards are accepted in limited circumstances, as long as payor is verified as not being a party who is filing bankruptcy. A client cannot pay initial bankruptcy fees using a credit card.
  • Credit Cards Accepted
    I am not able to accept client credit card payments for bankruptcy fees unless a person who is not a party to your case uses their own credit card to pay legal fees.
  • Contingent Fees
    applies to personal injury, wrongful death and collection matters
  • Rates, Retainers and Additional Information
    We guarantee all of our fees. We do not operate on open, running fee agreements in bankruptcy matters unless pre-arranged with client for special matters or complex cases involving litigation. In come cases, creditors can be ordered to pay legal fees for violating certain consumer and bankruptcy laws.
Jurisdictions Admitted to Practice
Alabama
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Ohio
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6th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
licensed real estate sales associate
Jason Will Real Estate
- Current
Kevin Ryan is a real estate sales agent licensed in the State of Alabama and is a principal member of Ryan Realty Group, LLC
President
- Current
Legal practice focused entirely on consumer bankruptcy matters; Chapter 7 and Chapter 13 cases.
President
West Shore Property Management Inc.
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residential property investment and management company
Education
Cleveland State University
J.D. | Law
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College of Wooster
B.A. | History
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Activities: Football, Phi Sigma Alpha
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Awards
Div. III NCAC All Conference Team ( Defense : Outside Linebacker) 1993; Captain; Most Inspirational Senior Award
College of Wooster Football
Professional Associations
American Bankruptcy Institute
Attorney Member
- Current
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Mobile Bar Association
Attorney Member
- Current
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National Association of Consumer Bankruptcy Attorneys (NACBA)
Member
- Current
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Certifications
member
American Bankruptcy Institute
Websites & Blogs
Website
Ryan Legal Services, Inc.
Website
Ryan Legal Services, Inc. Attorney Bio
Blog
Ryan Legal Services, Inc Blog
Legal Answers
65 Questions Answered

Q. I filed for Chapter 7 bankruptcy in 2016 and was dismissed in August Currently in 13 can it be converted or reduced
A: You must first determine if you received a Discharge Order in the prior Chapter 7 case. If you did not receive a Discharge Order in that case and it was dismissed without a Discharge Order, then you may be able to convert your Ch 13 to Chapter 7. You will need to sit down with your attorney and determine what assets could be at risk of being liquidated if you convert to Chapter 7. You must also determine if you have any new creditors, and if your income will be low enough for you to amend your budget and means test to demonstrate you are legally eligible to proceed under a converted case to Chapter 7. You should not make any move until you go over these issues with your attorney. You also may be able to file a motion under 11 U.S.C. 1329 to amend the confirmed Ch 13 plan to lower the payments, based upon a material change in your income, or a material increase in your household expenses ( or both).
Q. My husband and I are filing chapter 13, will we be able to keep our tax refund? We are in Alabama, and have 4 children.
A: If you owe the IRS for a prior year(s)' taxes, the IRS can offset your current post-bankruptcy filing tax return even though you are in a Chapter 13. Once they offset your tax return, they are required to amend their Proof of Claim in the Ch 13 case to lower the amount owed, based on the amount offset from your current tax return and applied to the prior year. If you do not have any prior year(s)' taxes due, it is possible that a child support agency can offset your tax return if you fall behind on current child support or spousal support ( "alimony") after the Chapter 13 case is filed. Other than those issues, in some Districts, the Chapter 13 can require you to turn over a portion of your income tax return ( Earned Income Credit is exempt in all cases) to apply to pay down your Chapter 13 Plan. Currently in the Southern District of Alabama ( Mobile AL), the Trustee does not demand a turnover of tax return funds on the basis that it is "ongoing future income" as some other Districts do .
Q. My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?
A: After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to "serve" you via Publication, and then move forward against you, absentia. You'll find out about the judgment later when the creditor garnishes your wages or attaches your bank account ( a bank attachment post judgment does not require any advance notice)
Q. Is it illegal for a debt collector to come to your house and peep through the blinds in the state of Alabama?
A: The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of actions. Without evidence it is impossible to file a claim under the Fair Debt Collection Practices Act, or to initiate a criminal trespass complaint with your local police department.
Q. Grounds for a creditor to file an Objection to Confirmation of Plan
A: If your ex husband owes you a simple property settlement that is clearly not in the nature of "spousal support," then that claim can be discharged in his Chapter 13 Plan depending on his level of assets and income. I strongly recommend consulting with an Attorney who focuses on bankruptcy law, preferably over 15 years, and have them review the ex husband's Plan and your divorce settlement to determine what your rights are. Your ex husband's lawyer is not in any position to help you or provide guidance. If you get lulled into accepting the Plan, and it gets confirmed, you can lose your right to file an Objection and possibly get better treatment ( it all depends on your legal status and how it is recognized )
Q. I was served a process of garnishment today for a judgement that is dated 11/12/2008.
A: Alabama judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless
Q. Can I file for bankruptcy and what is the first step?
A: A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop the moment you file the case ( the “automatic stay” order) If you are in Southern Alabama ( Mobile, Baldwin, Monroe, Washington, Conecuh, Escambia or Choctaw County, we can help. Ryan Legal Services Inc www.ryanbk.com Tel: 251-431-6012 (24/7 Bankruptcy Helpline. Call or text)
Q. is a spouse liable for a mtg she's not on if spouse passes?
A: If you are married and your deceased spouse is the only party who signed as the borrower under a debt, including a mortgage, then you as the non-borrower are not personally liable. A secured lender, however, retains its rights which were granted by the deceased spouse pre-death, and can sell the property at foreclosure sale if the mortgage payments fall behind. If the debt is an unsecured debt, an unsecured creditor has only a claim against the estate of the deceased spouse, and only if the estate has to be filed to transfer assets. Not all assets have to pass through probate, particularly jointly owned assets... they pass to the joint owner immediately upon death of the other owner. That is part of what is referred to when lawyers mention "estate planning." Estate planning is a process of setting up ownership of assets to preserve the assets for the next generation or surviving spouse by protecting the assets from excessive taxation and creditor claim(s).
Q. Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and
A: Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
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Contact & Map
Ryan Legal Services, Inc.
209 N Joachim St
Mobile, AL 36603
USA
Telephone: (251) 241-5234
Fax: (877) 499-5130
Ryan Legal Services, Inc.
22011 Highway 59
Robertsdale, AL 36567
USA
Telephone: (251) 431-6012
Fax: (251) 431-6006