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Read through our impressive list of FAQs

Whether you have an issue with bankruptcy or want to determine your DUI defense, we stand ready to help you, even if it's just with a specialized FAQ designed to tell you what you need to know. We'll help you with all of your important legal questions before you even walk through our doors.

Get an expert legal advice regarding how to handle basic bankruptcy procedures for both Chapter 7 Bankruptcy and Chapter 13 bankruptcy. We'll help you get through your legal difficulties, and back to your everyday life, even before you get in touch with us. This is about getting your life back on track.

Bankruptcy FAQS

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Get expert legal advice on how to handle basic bankruptcy procedures for both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We'll help you get through your legal difficulties and help you with getting your life back on track.

Which bankruptcy type of chapter should I file?

With some exceptions, any person or business owing money to a creditor can file a bankruptcy petition.

Who can file for brankruptcy?

What do I need to begin the process?

Does my divorce decree protect me from creditors if my ex files for bankrupcy?

Can a loan co-signer be responsible for a debt if the other person files bankruptcy?

  No, The debts that cannot be discharged very slightly between the different chapters of bankruptcy.  

  Generally, the following types of debts cannot be discharged:

- Debts for taxes owed to local, state or federal agencies, unless you meet certain qualifications.

- Debts for money, property or services which were obtained fraudulently.

- Debts owed to a spouse, former spouse, or child, for alimony, maintenance, or support of a spouse or child.

- Debts for most types of educational loans.

- Debts for death or personal injury caused by the debtor's drunk driving or from driving under the

  influence of  drugs.

- Debts incurred after a bankruptcy was filed.

Can all types of debt be discharged?

 

Will I have to surrender all of my assets if i file bankruptcy?

Do I have to file bankruptcy on all debts I owe, or can I keep some?

How long does a bankruptcy stay on my record?

No. Although at your option,  you can file an explanation with the credit reporting agencies briefly describing the events resulting in your bankruptcy. If an account is reported inaccurately, you can request the record be updated to reflect the actual situation.

Can I do anything to remove a bankruptcy from my credit report?

The decision whether to grant you credit in the future is strictly up to the creditor and varies from creditor to creditor. There is no law that prevents anyone from extending credit to you immediately after the filing of a bankruptcy, but creditors aren't required to extend your credit.

When can I apply for credit again?

Approximately 30 days after you file a bankruptcy, you must attend a short meeting with the bankruptcy trustee who is assigned to your case. Mr. Seese will attend the meeting with you. Although this meeting is called a ''Meeting of creditors"", in most cases, there will be no creditors present at the meeting. Ms. Bules will prepare you ahead of time for what to expect at this meeting.

What happens at a 341 meeting of creditors?

After filing the petition, if you discover that an entry is inaccurate or missing, you may typically file an amendment to correct it.

Can I add a debt to my bankruptcy schedules if it was initially forgotten?

As soon as you anticipate or even consider filing bankruptcy, stop using your credit cards! Bankruptcy law allows creditors to review questionable purchases for potential fraud.

When should I stop using my credit cards if I'm planning on filing for bankruptcy?

Reaffirming a debt is voluntary as isn't required by bankruptcy codes. You may voluntarily repay any debt instead of signing a reaffirmation agreement, but there may be other reasons for wanting to reaffirm a specific debt, such as vehicle or home loan.

What's a reaffirmation agreement?

Can my creditors obtain liens against my property?

Declaring Chapter 7 bankruptcy is a good option for people who have few property assets and minimal funds left over after paying off monthly expenses. The process moves quickly, resulting in most of your debts being eliminated. With Chapter 7, you'll be able to keep necessities like your home and your car.

 

All bankruptcy cases aren't the same. You have concerns about your life and future that are all your own, so your case will recieve the personal attention it deserves. We analyse your situation and choose the best course of action on how you can begin to manage your debts. You don't have to go through it alone.

Learn about chapter 7

If you own property and have a regular income but are finding it tough to pay off your debts and creditors, Chapter 13 is your likely option for debt relief. A schedule will be created for you to work down the debts you owe over a 3-5 year period. You should be able to keep most of your property while paying these off.

 

You have enough to worry without being concerned about your legal bills as well. We offer all of our clients a payment plan option. You can get the quality legal representation you need without adding to your financial burdens.

Your Chpater 13 option

Compile a list of debts from the past and present, as well as a list or schedule of assets and liabilities. You will need to provide my office with certain additional information, such as pay stubs, tax returns etc.

No. If you are a co-signer with your ex-spouse on a debt, the creditot can require the entire payment of that debt from you, eeven though the divorce decree assugns the full debt to your ex-spouse. Your divorce decree may address any recourse you may have against your exx-spouse should he or she default on the loan obligations.

Yes. The lender can require the co-signer to make payments on a loan once the principal has declared bankruptcy on the credit.  This makes it extremely important when considering co-signing a loan; be read, and able, to pay the loan in the event that the prinicipal signer defaults.

You must include all the debts you owe in your petition and schedules. You may decide to keep some debts by ''reaffirming'' the specific debt.

Bankruptcies remain on credit reports anywhere from 7 upto 10 years.

In most cases, assets such as your house, vehicle, furniture, retirement plan etc. can be protected. However, it is extremely important that we discuss your  assets in detail, because proper planning can mean the difference between keeping or losing an asset.

In some cases, yes, if a creditor sues you and recieves a judgement against you, it is quite possible that they may also have a lien against your house. However, the bankruptcy court can often order that such judgement liens be removed or avoided.