FAQ

Bankruptcy Frequently Asked Questions

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You will be able to get credit, especially on personal property items like cars and televisions. Buying a house takes longer. Some companies are more willing to extend credit to persons who have filed bankruptcy than other companies are. Discuss this in further detail with your attorney.

In most cases you do NOT have to go to Court. You will attend a 341 Meeting with the Trustee and possibly some Creditors. This is NOT Court, not in a Court room and no Judge is present.

To keep your house, you must continue to make timely payments on the home and keep it insured. Failure to do either could result in repossession of your home. You must continue to make car payments and keep the vehicle insured.

Yes, you will be able to keep certain property, which, under bankruptcy law, is exempt. Consult your attorney about which property is exempt and which is not.

You must list all your assets, whether it is exempt or not. Do not try to hide or transfer your property. Consult your attorney as to legal pre-bankruptcy planning that you can do.

Yes. Once you file, the automatic stay (freeze order) prevents creditors from suing you, garnisheeing your paycheck, and even from telephoning you. Once you hire an attorney, the attorney can field phone calls from creditors until the bankruptcy is filed. For a time after filing, it is possible that you will still receive a few phone calls until creditors get notice

You are allowed to file a Chapter 7 once every eight years, measured from filing date to filing date. If you wish to file bankruptcy, and it has been less than eight years since the filing of your Chapter 7 bankruptcy, you may be able to file a Chapter 13 bankruptcy. Discuss your options with your attorney.

A Chapter 13 Bankruptcy allows wage earners with regular income to draw up a plan to repay all or a portion of their debts. The debtors submit a plan to make monthly installment payments through a bankruptcy trustee. The trustee will distribute the funds to creditors. The length and amount of each plan varies by case. Plans can extend from 3-5 years. Specific terms vary by income, assets, debts and the type of debts.

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