Why should I file bankruptcy?
- Are you struggling to make minimum payments on your credit cards?
- Are you behind on car or house payments?
- Do you have judgments against you?
- Has your car been repossessed?
- Have you lost a home to foreclosure?
- Is paying on your current debts causing you to stop paying on other necessities?
- Have you used or are you using savings or retirement account money to pay your current debts?
- Have you lost a loved one or recently gone through divorce and now have too many obligations to handle?
- Is your paycheck being garnished?
- Do you have a frozen bank account?
- Are you stressed out by the bills that you have, even though you are finding a way to pay them each month?
Can I file BK?
This is a question for an attorney. Your entire financial situation must be looked at and analyzed to determine if you can file and what type of BK you are eligible for.
Does it matter what type of bankruptcy I file?
Chapter 7 bankruptcy will eliminate many of your debts while still letting you keep your home, car, and other possessions, as long as you are current on any payments you have and don’t have too much equity in your property.
How long does bankruptcy stay on my credit reports?
Up to 10 years
Will I ever be able to own a home or car again?
YES!, many people who have filed Chapter 7 Bankruptcy can purchase a car shortly after their case is discharged and can obtain a mortgage for a home in as quickly as 2 years.
Will the court send someone to take all of my belongings?
Most times, NO! The court is usually only interested in property with a substantial value that is not protected by state bankruptcy law. Most times, this means filing Chapter 7 will not put your personal belongings at risk.
I own a home; can I still file Chapter 7 bankruptcy?
YES! As long as you are current on your mortgage payments and you don’t have a lot of equity in your home, you should be able to keep it.
I’m married; does my spouse have to file too?
NO! If all of the debts are in one spouse’s name, then that spouse needs to file bankruptcy, but the other spouse does not need to file. This situation is very beneficial because one spouse will keep their credit while the other goes through bankruptcy.
How soon will the phone calls from my creditors stop?
Calls from collection agencies stop as soon as you hire an attorney. Calls from your original creditors don’t stop until your bankruptcy is filed.
Will filing bankruptcy stop me from getting a job?
Usually, NO! If an employer pulls your credit as part of the application process, they may see your bankruptcy filing, in addition to any other flaws in your credit. If you are thinking about bankruptcy, chances are your credit is already suffering, which could affect your employment chances as much as a bankruptcy filing, if not more.
Does filing bankruptcy mean I won’t be able to rent an apartment?
NO! Many landlords will rent to recent bankruptcy filers. You may need to pay an extra month’s security deposit, but most landlords don’t even ask for that.
If I file bankruptcy, I’ll never be able to have credit again, right?
WRONG! As soon as your case is discharged, you will be offered credit from many companies. The goal is to wisely use these opportunities to re-build your credit so you can obtain more credit down the road.
Are there any debts that bankruptcy won’t help me with?
YES! Certain debts won’t be discharged through Chapter 7 Bankruptcy. Most student loans, income taxes owed from the past 3 years, past child support or alimony obligations, governmental debts like parking and speeding tickets, debts resulting from a car accident while under the influence of drugs or alcohol.
Can I be fired from my job for filing BK?
NO! IT is a violation of Federal law to fire an employee just because he or she filed BK.
Can I file bankruptcy again?
YES! If it has been longer than 8 years since your last Chapter 7 BK was filed, you can file Chapter 7 again.
What if I co-signed for someone?
If you file BK and you co-signed for someone else, your responsibility on that debt is eliminated. They will not be affected by your BK filing as long as they continue to make the payments.
What is a discharge in a Chapter 7 BK?
It’s a court order releasing you from all of your dischargeable debts and it tells creditors not to bother you anymore.