Bankruptcy Lawyer in Silver Spring, Maryland

Sheereen E. McNair, Esq.
Jul 11
4 min read

Updated: Jul 25

If you live in Silver Spring and your paycheck is being garnished, your bank account was frozen, or the creditor calls have not stopped, bankruptcy may be the fastest legal way to make it stop. Silver Spring sits in Montgomery County, so your case is handled by the Greenbelt Division of the United States Bankruptcy Court for the District of Maryland. Middleton Legal is a virtual firm serving clients across Maryland. Sheereen E. McNair works directly with every client. Most people keep their home, their car, and their retirement. Call 240-896-3253 for a free consultation.

Where Silver Spring Cases Are Filed

Silver Spring is in Montgomery County. Montgomery County cases go to the Greenbelt Division of the United States Bankruptcy Court for the District of Maryland.

Greenbelt Division, Federal Courthouse, 6500 Cherrywood Lane, Suite 300, Greenbelt, MD 20770. Phone (301) 344-8018.

The court notes that new case petitions may be filed with the Clerk's Office in either the Baltimore or the Greenbelt Division. In practice, Montgomery County cases are assigned to the Greenbelt Division, and your meeting of creditors is held virtually on Zoom, where you appear on camera to verify your identity. Middleton Legal is a virtual firm, so the whole process is handled remotely and you do not come to an office.

What Bankruptcy Actually Stops

The moment your case is filed, a court protection called the automatic stay takes effect. Wage garnishment stops. Frozen bank accounts can be released. Foreclosure sales pause, so if a sale date is coming, filing before the sale can stop it. Repossession stops, and if your car has not been sold yet you may be able to get it back. Collection lawsuits and creditor calls stop, because creditors have to go through the bankruptcy court instead of coming after you directly.

Chapter 7 or Chapter 13 in Montgomery County

Chapter 7 wipes out most unsecured debt, like credit cards, medical bills, personal loans, and old collection accounts. It usually runs about three to four months from filing to discharge. You have to pass the means test, which compares your household income to the Maryland median for your family size.

Chapter 13 reorganizes your debt into a repayment plan that lasts three to five years. It is the right tool when you are behind on a mortgage and want to keep the house, when you make too much for Chapter 7, or when you need to catch up on a car loan or back taxes.

Silver Spring has a lot of homeowners with real equity and a lot of federal and contract workers with steady income. Both of those facts push more cases toward Chapter 13 than people expect. We look at your actual numbers before recommending a chapter.

What It Costs

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Attorney fees are separate, and we offer payment plans. In Chapter 13, most of the attorney fee is typically paid through the plan rather than up front, which is one reason Chapter 13 can be reachable even when cash is tight.

What You Keep, and How Maryland Exemptions Really Work

This is where a lot of websites get Maryland wrong, so here is the accurate version. Maryland has opted out of the federal exemption system, which means the federal exemptions are not available to you. You use Maryland exemptions.

Maryland also does not have a standalone motor vehicle exemption. There is no separate allowance just for your car. Vehicle equity is generally protected using Maryland's wildcard exemption, which covers up to $6,000 in cash or property of any kind. That same $6,000 has to stretch across everything you apply it to, so it is not a per item allowance. Retirement accounts are generally protected under separate rules.

Because the wildcard has to cover multiple things at once, planning matters. We run your actual numbers before you file rather than guessing. Most people still keep their home and their car. Losing them is the exception, not the rule.

Working With Middleton Legal

You work directly with Sheereen, not a case mill. Middleton Legal is a BBB Accredited Business with an A+ rating. We treat bankruptcy as a strategic move that gives you a fresh start, not something to be ashamed of.

Frequently Asked Questions

Do I have to go to court in Greenbelt if I live in Silver Spring?

You will attend a meeting of creditors, which is part of every case. It is usually short and is often held virtually. You typically do not have to appear before a judge in a courtroom for the filing itself. We prepare you ahead of time so you know exactly what to expect.

Does Maryland have a motor vehicle exemption?

No. Maryland does not have a standalone motor vehicle exemption. Car equity is generally protected using Maryland's wildcard exemption of up to $6,000 in cash or property of any kind, and that same wildcard has to cover anything else you apply it to. Maryland has also opted out of the federal exemptions, so you cannot use the federal vehicle exemption.

Can bankruptcy stop a wage garnishment in Montgomery County?

Yes. Once your case is filed, the automatic stay requires the garnishment to stop. Timing matters, so call as soon as you get the garnishment notice.

Will I lose my house in Silver Spring if I file?

Most people keep their home. If you are current on the mortgage, Chapter 7 usually does not put it at risk. If you are behind, Chapter 13 lets you catch up the arrears over time and stop a foreclosure sale.

How much does it cost to file bankruptcy in Silver Spring?

The court fee is $338 for Chapter 7 and $313 for Chapter 13. Attorney fees are separate and we offer payment plans. We will quote you a flat fee at your free consultation.

Talk to a Silver Spring Bankruptcy Lawyer Today

Stop the garnishment. Save the house. Start over without shame. Free consultation, no judgment, straight answers. Call 240-896-3253. Middleton Legal, 6301 Ivy Ln, Ste 700, Greenbelt, MD 20770.