Bankruptcy - FAQ's
Q. If I file bankruptcy, will I lose my house, car or other possessions?
A. If you file the correct type of bankruptcy for your situation
the proceeding not only reduces or eliminates debt but preserves
and protects your property and possessions. If you are behind
in payments on a mortgage or auto loan you may need to utilize
Chapter 13 to protect your property. The type of possession
and its value are important factors. You are entitled to claim certain
exemptions which protect many types of property from
being reached by creditors or by the bankruptcy trustee. Consult
a qualified bankruptcy attorney to determine the best course of
action for you.
Q. What is the difference between Chapter 7 bankruptcy and
Chapter 13 bankruptcy?
A. In a Chapter 7 case your dischargeable debts are completely
eliminated and you only continue to pay for any home mortgage,
auto loan or other secured loan on property you wish to keep.
You do not pay unsecured creditors such as credit card companies,
old medical and utility bills or unsecured loans - those
debts are erased. In contrast, a Chapter 13 proceeding provides
that you make at least some payment, to all your creditors,
in accordance with a plan designed by you and your lawyer.
The amount you pay depends on the type of debt you owe, your income,
expenses, the value of your property and the exemptions available
to you. Chapter 13 can be used to stop foresclosure or repossession and
also to reorganize debt to make it more affordable. Contact
a qualified bankruptcy lawyer to learn more.
Q. How long does a bankrutcy proceeding last?
A. A Chapter 7 proceeding is usually completed in about 3
1/2 months. A Chapter 13 proceeding, where there is a plan
to make payments, lasts between 36 and 60 months depending upon
the individual case.
Q. Can I include some debt in
a bankruptcy and not other debt?
A. Generally, yes. Although full disclosure of all assets
and liabilities is required, voluntarily continuing to pay certain
debts such as mortgages, auto loans or debts co-signed by others
is common. Which debts you should continue to pay is best discussed
with a qualified bankruptcy attorney.
Q. If I file bankruptcy, is my spouse required to file?
A. No. You can file your own proceeding and your spouse is
not required to file.
Q. If a creditor has already
gone to Court and and gotten a judgment can that bill be erased?
A. Generally, yes. Even if you are paying a court ordered
judgment that debt can usually be discharged. If the creditor
filed a lien on your house or vehicle your attorney may
be able to remove the lien as well. Consult a qualified
bankruptcy attorney about your particular case.
Q. Can a bankrupty proceeding
help with tax debt?
A. Often, yes, but it depends on several factors including
the type of tax, how old the debt is and whether any required
returns have been filed. Some tax debt can be erased, some
needs to be paid in part and other tax debt may need to be paid
in full. This is a complex area that you should discuss
in detail with a qualified and experienced bankruptcy attorney.
Q. How will bankrutcy affect
A. The answer depends on many factors. If your credit
is already damaged, bankruptcy may actually improve it.
A bankruptcy will improve your "income to debt ratio".
That is, your income will be the same after bankruptcy but you will
have much less debt. Income to debt ratio is an important factor
in determining credit worthiness. Two years after
bankruptcy you can obatin an FHA mortgage, at regular
interest rates, as long as you otherwise qualify. Many people
who file bankruptcy get reasonable interest auto loans
within 1 or 2 years of discharge and many get unsecured credit
cards as well. Although bankruptcy can remain on your
credit reports for up to 10 years many people who make reasonable
efforts to re-establish their credit may have adequate
credit within 2 to 3 years of bankruptcy. Consult an experienced
bankrutcy attorney for more ideas on how to re-establish your credit
Everyone's case is different. To get all the answers
in your particular situation call us at (800) 794-5050 or e-mail
to schedule your free consultation.