BANKRUPTCY FAQ
ANSWERS TO YOUR BANKRUPTCY RELATED QUESTIONS!
Financial challenges can sometimes lead to overwhelming debt and complex legal situations. This page is dedicated to helping you get answers to all of your bankruptcy related questions!
BANKRUPTCY FAQ
ANSWERS TO YOUR BANKRUPTCY RELATED QUESTIONS!
Financial challenges can sometimes lead to overwhelming debt and complex legal situations. This page is dedicated to helping you get answers to all of your bankruptcy related questions!
FIRST STEP GUIDE
TAKE THESE STEPS RIGHT BEFORE DECLARING BANKRUPTCY!
This guide is tailored to provide comprehensive information, addressing inquiries related to the process of declaring bankruptcy and offering insights to navigate the complexities of debt relief, legal procedures, and the potential implications of seeking financial fresh starts!
FIRST STEP GUIDE
TAKE THESE STEPS RIGHT BEFORE DECLARING BANKRUPTCY!
This guide is tailored to provide comprehensive information, addressing inquiries related to the process of declaring bankruptcy and offering insights to navigate the complexities of debt relief, legal procedures, and the potential implications of seeking financial fresh starts!
STEP ONE
ASSESS YOUR FINANCES
Take a thorough look at your financial situation, including debts, assets, income, and expenses, to determine if bankruptcy is the most appropriate solution.
STEP TWO
EXPLORE ALTERNATIVES
Investigate alternatives to bankruptcy, such as negotiating with creditors, creating a repayment plan, or seeking credit counseling, to evaluate all available options.
STEP THREE
CONTACT YOUR ATTORNEY
Reach out to your bankruptcy attorney to discuss your financial situation, understand the implications of bankruptcy, and receive personalized advice on whether bankruptcy is the best course of action for your circumstances.
STEP FOUR
GATHER FINANCIAL DOCUMENTS
Collect all relevant financial documentation, such as tax returns, bank statements, and records of debts and assets, to facilitate the bankruptcy filing process and ensure accuracy.
BANKRUPTCY FAQ
Find answers to all your questions related to Bankruptcy cases. If you don’t see your question below, use the form to the right to ask a question and one of our Attorneys will get back to you shortly!
ASK A QUESTION
What is bankruptcy?
Bankruptcy is a legal process that helps individuals and businesses manage or eliminate their debts when they are unable to pay them.
What are the different types of bankruptcy?
There are several types, but the most common for individuals are Chapter 7 and Chapter 13.
What is Chapter 7 bankruptcy?
Chapter 7, also known as liquidation bankruptcy, involves the sale of non-exempt assets to pay off debts.
What is Chapter 13 bankruptcy?
Chapter 13 allows individuals to create a repayment plan to pay off their debts over a period of three to five years.
Can bankruptcy stop creditor harassment?
Yes, filing for bankruptcy initiates an automatic stay, which stops creditors from pursuing collection actions.
Will bankruptcy ruin my credit forever?
No, although it will have a negative impact, you can rebuild your credit over time.
Can I keep my home and car in bankruptcy?
It depends on the type of bankruptcy and the equity you have in these assets.
Can student loans be discharged in bankruptcy?
It’s difficult but not impossible. Student loans are generally not dischargeable unless you can prove undue hardship.
Will bankruptcy wipe out all my debts?
Most unsecured debts can be discharged, but there are exceptions like child support and certain taxes.
How do I qualify for Chapter 7 bankruptcy?
You must pass a means test based on your income and expenses.
Can I file for bankruptcy multiple times?
Yes, but there are waiting periods between filings.
How long does bankruptcy stay on my credit report?
Chapter 7 stays for 10 years, and Chapter 13 for 7 years from the filing date.
What's the role of a bankruptcy trustee?
They manage your bankruptcy case, review your documents, and distribute assets in Chapter 7 cases.
Can I discharge medical bills in bankruptcy?
Yes, medical bills are generally dischargeable.
Can I keep my retirement accounts in bankruptcy?
Retirement accounts are usually protected in bankruptcy.
What happens to my cosigner if I file for bankruptcy on a loan?
The cosigner may still be responsible for the debt unless they also file for bankruptcy.
Can I get credit after bankruptcy?
Yes, but it may be harder to obtain and might come with higher interest rates.
Can I choose which debts to include in bankruptcy?
You must list all your debts, but you can reaffirm certain debts if you want to keep them.
Can I discharge tax debts in bankruptcy?
Some older tax debts can be discharged, but recent ones are usually not dischargeable.
Can I file for bankruptcy without an attorney?
Yes, but it’s recommended to have legal assistance due to the complexity of the process.
How much does bankruptcy cost?
Filing fees and attorney fees vary based on the type of bankruptcy and jurisdiction.
Will my employer know about my bankruptcy?
Bankruptcy is a public record, but your employer is not typically notified.
Can I include gambling debts in bankruptcy?
Yes, gambling debts can be discharged like other unsecured debts.
Can I keep my credit cards after bankruptcy?
You may have to surrender your existing credit cards, but you can apply for new ones after bankruptcy.
Can I discharge alimony or child support payments?
No, these obligations are usually not dischargeable.
Can I discharge a lawsuit judgment in bankruptcy?
Most lawsuit judgments can be discharged, but there are exceptions for certain types.
Can I own a business after bankruptcy?
Yes, but the process might be more challenging due to your credit history.
How long does the bankruptcy process take?
Chapter 7 usually takes a few months, while Chapter 13 can last three to five years.
Can I keep my tax refund in bankruptcy?
It depends on the timing and amount of the refund.
Can I discharge payday loans in bankruptcy?
Yes, payday loans are generally dischargeable.
Can bankruptcy stop a foreclosure?
Yes, an automatic stay can temporarily halt foreclosure proceedings.
Can I discharge secured debts in bankruptcy?
You can either surrender the collateral or reaffirm the debt to keep the collateral.
Can I include medical debt from a personal injury lawsuit in bankruptcy?
Yes, these debts are typically dischargeable.
Can I file bankruptcy if I'm unemployed?
Yes, but it might affect your ability to qualify for Chapter 13.
What's the difference between dischargeable and non-dischargeable debts?
Dischargeable debts can be wiped out in bankruptcy, while non-dischargeable debts cannot.
Can I include business debts in personal bankruptcy?
Yes, if you are personally liable for those debts.
Can I keep my tax-advantaged savings accounts in bankruptcy?
In most cases, these accounts are protected in bankruptcy.
Will bankruptcy affect my security clearance?
It might have an impact, but the extent varies depending on the circumstances.
Can I keep my inheritance if I file for bankruptcy?
It depends on the timing of the inheritance and the type of bankruptcy.
Can bankruptcy stop wage garnishment?
Yes, an automatic stay will halt wage garnishment temporarily.
Can I discharge business loans in bankruptcy?
Yes, business loans can be discharged if you are personally liable for them.
Can I keep my leased vehicle in bankruptcy?
You can choose to reaffirm the lease or return the vehicle.
Can I include homeowners association (HOA) dues in bankruptcy?
Yes, these dues can be included in bankruptcy.
Can I discharge a personal loan from a friend or family member?
Yes, personal loans can be discharged like other unsecured debts.
Can I discharge a tax lien in bankruptcy?
While you can’t remove a tax lien itself, you can discharge the underlying debt.
Can I discharge a timeshare in bankruptcy?
Yes, a timeshare can typically be discharged as unsecured debt.
Can I include old utility bills in bankruptcy?
Yes, these bills are generally dischargeable.
Can I keep my Social Security benefits if I file for bankruptcy?
Social Security benefits are usually protected from creditors in bankruptcy.
Can I include divorce settlement payments in bankruptcy?
Certain parts of a divorce settlement may be dischargeable, but not support obligations.
Can I discharge a payday loan taken out just before bankruptcy?
Taking out loans before bankruptcy with the intent to discharge them could be considered fraud.
Can I include court fines and penalties in bankruptcy?
Most court fines and penalties, including traffic tickets, are non-dischargeable.
Can I discharge a mortgage deficiency in bankruptcy?
Yes, a mortgage deficiency can be discharged if it’s included in the bankruptcy.
Can I discharge a business lease in bankruptcy?
Yes, you can include business lease obligations in bankruptcy.
Can I include credit card debt from luxury purchases in bankruptcy?
Debts incurred for luxury goods or services shortly before bankruptcy might not be dischargeable.
Can I keep my life insurance policy in bankruptcy?
Life insurance policies are generally protected in bankruptcy.
Can bankruptcy stop repossession of my vehicle?
Yes, an automatic stay can halt repossession temporarily.
Can I discharge condo or co-op fees in bankruptcy?
Yes, these fees are typically dischargeable.
Can bankruptcy help with IRS tax debt?
Bankruptcy can help with some IRS tax debt, depending on certain criteria.
Can I keep my firearms in bankruptcy?
The ability to keep firearms varies depending on state laws and exemptions.
Can I discharge debts incurred through fraud in bankruptcy?
Debts obtained through fraud or misrepresentation may not be dischargeable.
Can I include a second mortgage in bankruptcy?
In some cases, a second mortgage can be stripped off in Chapter 13 bankruptcy.
Can I discharge business-related personal guarantees in bankruptcy?
Yes, personal guarantees on business debts can be discharged.
Can I include unpaid rent in bankruptcy?
Yes, unpaid rent can be included in bankruptcy.
Can I discharge an overpayment of government benefits in bankruptcy?
Certain government benefit overpayments can be discharged.
Can I discharge a car loan if the car is repossessed?
Yes, but you might still owe the remaining balance after the sale.
Can I keep my tax refund if I file for bankruptcy?
Your ability to keep a tax refund depends on various factors.
Can I discharge a business credit card in bankruptcy?
Yes, business credit card debt can be discharged.
Can I include a judgment lien in bankruptcy?
Judgment liens can be removed in certain cases if they impair exemptions.
Can bankruptcy help with medical debt from a car accident?
Yes, medical debt from accidents can usually be discharged.
Can I discharge a personal injury settlement in bankruptcy?
A personal injury settlement might be partially or fully exempt from bankruptcy.
Can I include a co-signed loan in bankruptcy?
Yes, both your and your co-signer’s obligations can be discharged.
Can I discharge a loan obtained to pay taxes in bankruptcy?
Loans taken to pay taxes might not be dischargeable, depending on the timing.
Can I keep my pension or retirement plan in bankruptcy?
Most pension and retirement plans are protected in bankruptcy.
Can bankruptcy help with medical bills from a pre-existing condition?
Yes, medical bills from pre-existing conditions can be discharged.
Can I discharge debts from a failed business in bankruptcy?
Yes, business debts can generally be discharged in bankruptcy.
Can I include debt from a civil judgment in bankruptcy?
Yes, most civil judgment debts can be discharged.
Can bankruptcy stop utility disconnections?
An automatic stay can temporarily halt utility disconnections.
Can I discharge a debt if I've already been sued by the creditor?
Yes, even if you’ve been sued, you can still discharge the debt in bankruptcy.
Can I discharge a lease on equipment for my business?
Yes, equipment leases can be discharged in bankruptcy.
Can bankruptcy help with credit card debt from a business?
Yes, credit card debt incurred for business purposes can be discharged.
Can I discharge a debt incurred while intoxicated in bankruptcy?
Debts incurred while intoxicated might not be dischargeable if the creditor proves certain elements.
Can I keep my tax-exempt retirement accounts in bankruptcy?
Most tax-exempt retirement accounts are protected in bankruptcy.
Can bankruptcy help with debts related to a failed investment property?
Yes, debts related to failed investment properties can be discharged.
Can I discharge court-ordered restitution in bankruptcy?
Restitution orders are typically non-dischargeable.
Can I keep my personal property if I file for bankruptcy?
Exemption laws protect certain personal property from being taken in bankruptcy.
Can bankruptcy stop a lawsuit against me?
An automatic stay can halt most lawsuits temporarily.
Can I discharge a debt if I can't locate the creditor?
You need to make reasonable efforts to find the creditor or their address.
Can bankruptcy help with a mortgage modification?
Bankruptcy can sometimes facilitate mortgage modifications.
Can I discharge a debt if the creditor is out of business?
You still need to list the debt in your bankruptcy filing.
Can I include payday loans in bankruptcy if I already have multiple loans?
Yes, payday loans can be included in bankruptcy regardless of how many you have.
Can bankruptcy help with property tax debt?
Property tax debt might be dischargeable depending on certain factors.
Can I discharge a debt for a bounced check in bankruptcy?
Yes, bounced check debts are usually dischargeable.
Can I discharge a debt if I can't remember the creditor's name?
You need to make reasonable efforts to provide accurate information.
Can bankruptcy help with business-related personal guarantees?
Yes, personal guarantees related to business debts can be discharged.
Can I discharge a debt if I moved and don't have the documents?
You should try to gather as much information as possible to list the debt.
Can I include a debt if I'm not sure of the exact amount owed?
You should provide your best estimate of the debt’s value.
Can bankruptcy help with tax debts for unfiled returns?
Bankruptcy can sometimes discharge tax debts for certain unfiled returns.
Can I include debts from a failed partnership in bankruptcy?
Yes, partnership-related debts can be included in bankruptcy.
Can bankruptcy help with debts related to a failed business venture?
Yes, debts from failed business ventures can be discharged.
Can I discharge a debt if the creditor is not in the United States?
Yes, you can discharge debts owed to foreign creditors in bankruptcy.