FREQUENTLY ASKED QUESTIONS
What is a Free Consultation and what does it include?
We offer a free bankruptcy consultation to help you determine if bankruptcy is right for you. We will explain to you clearly and easily Chapter 13 and Chapter 7 for individuals.
If other viable alternatives exist, we can help you evaluate your choices. With the 2005 changes in bankruptcy laws, it is important that you seek advice and not make any decisions without a full understanding of the facts. Under the 2005 laws, the days of filling out a few forms to file bankruptcy on your own have come to an end.
We will help you understand the different forms of bankruptcy and determine which is best for your situation.
Who Prepares and Files my Bankruptcy Case?
We prepare all of the necessary paperwork for your bankruptcy petition. Once we have completed the petition and reviewed it with you in detail to make sure it is complete and accurate, we file your bankruptcy petition instantly over the internet, giving you immediate protection from creditors, even before the court reviews your case. The filing of the bankruptcy will also trigger an "automatic stay" that will immediately stop any foreclosure proceedings.
Do I Need to Attend any Hearings Regarding My Case?
Together we attend the initial hearing for your bankruptcy case. This is normally the only court proceeding you must attend – we will handle any other court appearances or filings on your behalf. This is usually held in a conference room and the agent of the court (Trustee) will typically ask you a few basic questions, such as your name, employment status, and if all of your debts and assets are included in the petition.
How Long Until My Debts Will Be Discharged?
In a Chapter 7 case, approximately 60 days following the bankruptcy hearing you receive a discharge order from the court, wiping out your debts. For Chapter 13 bankruptcy, your debt is cleared following the completion of your scheduled repayment plan.
Can Anyone File For Bankruptcy?
In order to qualify to file Chapter 7, the debtor must reside or have a domicile, a place of business, or property in the United States. The debtor must not have received a bankruptcy discharge within the last 8 years, or had a bankruptcy case dismissed for cause within the last 180 days. For a Chapter 13, the debtor must not have received a bankruptcy discharge within the last 4 years and the debtor must also have a steady source of income and cannot have secured debts that exceed $1,010,650.00 and unsecured debts that exceed $336,900.00
If I Am Married, Does My Spouse Also Have To File Bankruptcy?
No. However, the spouse that does not file will not get the benefits of bankruptcy. In other words, if the non-filing spouse is jointly liable on certain debts, he or she will remain liable for those debts if the filing spouse filed for Chapter 7, and will remain liable for any amount not paid in the filing spouse's Chapter 13 plan. On the other hand, the non-filing spouse will not have bankruptcy noted on his or her credit report. The non-filing spouse's income and employment will have to be disclosed in the Bankruptcy Petition.
How often can I file Bankruptcy?
This is a complicated question. The answer depends on the type of case filed before and what happened while you were in that case. Please call and talk to our attorney so we can give you an answer based on your personal situation.
How can I learn more about bankruptcy?
Our attorney is available to answer your questions.