FREQUENTLY ASKED QUESTIONS ABOUT BANKRUPTCY
Do I qualify for bankruptcy relief? No matter what income level or how much debt you may have, bankruptcy relief is available to everyone. Under the new law, you will not automatically qualify for a Chapter 7 discharge, but 8 out of 10 people we saw in 2006 did qualify for a Chapter 7.
How often can I file for bankruptcy? You can receive a Chapter 7 discharge once every 8 years. However, you may file a Chapter 13 (and receive a discharge) four years after you receive a Chapter 7 discharge. Chapter 11 is open to you at all times.
If I am married, does my spouse have to file too? No, if the debts you wish to discharge are in your name only, your spouse is not required to file with you.
What is the right type of bankruptcy for me? The right bankruptcy for you is the one that gives you the most relief from your financial problems. Everyone's situation is unique, and the answer to this question comes after we know what types of debts you have and what type of income you have.
Do I have to go to court? Yes, however, very few people who file for bankruptcy ever see the bankruptcy judge. Typicaly, you will have to appear at the courthouse only one time. Don't worry, one of our attorneys will prepare you for the meeting and go with you to the courthouse.
Will I lose all my property? No. The Bankruptcy Code and your state's laws combine to create exemptions for certain kinds of property. It is very rare for a consumer to lose any of his or her property in a bankruptcy. Typically, consumers continue to pay for their houses, mobile homes, cars, and trucks while passing through bankruptcy.
What if I am behind on my house or car payment when I file bankruptcy? Most consumers are behind on their payments when they file bankruptcy. Whichever type of bankruptcy you file, you will have an opportunity to cure these missed payments. In a Chapter 13 bankruptcy, you can spread the missed payments over 60 months.
What is the difference between Chapter 7 and Chapter 13? In a chapter 13 Bankruptcy, the consumer makes a plan to pay back a percentage of his or her debts based upon their monthly budget. There is also the ability to adjust secured debts such as mobile home and car payments. The Chapter 13 gives the consumer a wide variety of relief that is not avialable in Chapter 7. In a Chapter 7, the consumer discharges his or her debts in full because their monthly budget does not allow them to pay any of their debts. Most consumers would prefer the Chapter 7 because it is cheaper, simple and quick.
Student loans, alimony, child support? Don't even ask, you cannot discharge them.
State and federal taxes? You can't discharge them, but in Chapter 13 you can greatly ease the pain by stopping interest from piling up.