Bankruptcy is a consumer protection law that gives you the right to get a fresh start. The vast majority of consumers will either file a Chapter 7 or Chapter 13 bankruptcy. Bankruptcy allows you to discharge (erase) your debt while keeping many of your assets (possessions). More explanation as to the difference between Chapter 7 and Chapter 13 bankruptcy can be found below.
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What is bankruptcy?
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How much does bankruptcy cost? Can I make payments?
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Bankruptcy is very affordable, especially when compared to all of the debts that you will discharge (erase). For many of our clients we are able to quote an affordable fixed fee and we allow clients to make affordable payment plans. We want to work with you and help you get a fresh start!
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Can bankruptcy stop garnishments? Can it stop foreclosure?
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Yes and Yes. Many clients come to us because a garnishment is about to start, or has started, and is causing financial difficulty. Once you file your bankruptcy the automatic stay protection of the bankruptcy code can STOP your garnishments. In terms of a foreclosure, the same automatic stay protection of the bankruptcy code can STOP the foreclosure. It is important to file your bankruptcy as soon as possible to get the full benefits available to you.
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Am I going to lose all my possessions? Can I keep my car and house?
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Most of our clients can keep all of their possessions including their car and house. Bankruptcy can provide the protection needed to keep all of your assets while substantially reducing or eliminating your debts. Get the peace of mind you deserve today and give us a call for a free consultation.
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How will bankruptcy affect my credit?
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In many cases your credit will actually go UP after your bankruptcy filing. The reason for this is that after your bankruptcy you will have much less debt. Your debt to income ratio can be greatly improved and that in turn can increase your credit score.
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How long will it take for a bankruptcy to disappear from my credit reports?
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Your credit score can quickly improve after your bankruptcy. However, since bankruptcy is a matter of public record, your bankruptcy filing can appear on your credit report for ten years.
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How long will it take for me to buy a car or home after filing bankruptcy?
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We usually tell our clients that a good rule of thumb is six months to be able to get a car loan and two years to be able to get a mortgage loan. Of course you could always buy a car or home after bankruptcy with a co-signer who qualifies for those loans.
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Do I have to file bankruptcy with my spouse if I am married?
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No. You can file bankruptcy individually even if you are married.
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What's the difference between Chapter 7 and Chapter 13 bankruptcy? What are some pros and cons for each chapter?
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Chapter 7 and Chapter 13 bankruptcy are both consumer protection laws within the same bankruptcy code allowing you to discharge your debts while maintaining your assets.
Chapter 7 is what most people think about when they think of bankruptcy. Chapter 7 allows you to keep assets up to a value of about $10,000 per person while discharging your debts. There is also an income limit (called “median income”) to file a Chapter 7.
Chapter 13 is a payment plan where you are allowed to catch up on mortgage payments and car payments while still discharging your debt and possibly keep much more assets. Usually a client will file a Chapter 13 bankruptcy if they are behind on a mortgage, have more assets than they could keep in a Chapter 7, or if they make more money than is allowed in a Chapter 7.
Both of these options will allow you to discharge debts and keep assets. Chapter 7 tends to be faster and more straightforward. Chapter 13 will allow you to keep more assets.
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Will Bankruptcy wipe out all of my debts?
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Yes, with some exceptions. Bankruptcy will not normally wipe out: money owed for child support or alimony, most fines and penalties owed to government agencies, most taxes and debts incurred to pay taxes which cannot be discharged, student loans (unless you can prove undue hardship), debts not listed on your bankruptcy petition, loans you received by knowingly giving false information to a creditor who reasonably relied on it in making the loan, debts resulting from “willful and malicious” harm, debts incurred by driving while intoxicated, mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).
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Will I have to go to Court?
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In most cases you only have to go to a proceeding called the “341 meeting of creditors”. Often these meetings can be done remotely via video conference and your attorney will attend. This meeting is usually a short and simple meeting verifying information provided in your bankruptcy petition. Occasionally if complications arise or if you dispute a debt or file certain motions, you may have to appear at a hearing. In Chapter 13 cases you may also have to appear at a proceeding called “confirmation hearing” to get your plan approved.