Bankruptcy FAQ’s

Below you will find some frequently asked questions about bankruptcy and the bankruptcy process. When you come to our office for your free consultation, we will be happy to answer any questions you may have .

How long will I have to wait before I can obtain credit again?

Bankruptcy will remain on your credit report for seven to ten years, but you will not have to wait that long to obtain credit. Depending on your employment, your income, and your ability to repay, you may be offered credit by some auto loan companies and credit card companies immediately after your bankruptcy is discharged. With mortgages, lenders will typically require you to wait until two years after your bankruptcy.

I see advertisements for debt consolidation. Is that a better option?

In our opinion, it is not a better option. For numerous people, debt consolidation does little to reduce your debt or repair your credit. Many debt consolidation companies charge a fee that is paid upfront during the first months of the program. In this time, none of your creditors will receive any money. That means the collection calls will not stop and it may result in your creditors filing a lawsuit. In addition, during the time (usually over a period of several years) that you are making payments to a debt consolidation company, your credit report will still reflect that you owe money to your creditors.

I am behind on my car payments, and I’m afraid that my car will get repossessed. Will filing bankruptcy help me keep my car?

Filing for Chapter 7 bankruptcy will temporarily stop collection and repossession efforts. Additionally, a Chapter 13 bankruptcy may allow you to rewrite your car loan by filing and reducing the principal balance, interest rate, and monthly payment. Contact our office for more information.

Can medical bills be included in a bankruptcy?

Yes, medical bills are dischargeable in a bankruptcy. It is a very common reason that individuals and families file for bankruptcy.

I just received a notice that my wages are going to be garnished. Is it too late for me to file bankruptcy?

No, it is not too late. Filing bankruptcy (Chapter 7 or Chapter 13) immediately stops all collection activity, including wage garnishment.

I am behind on my mortgage payments and I have received notice that my home is scheduled for sheriff’s sale. Can I stop the foreclosure?

Possibly. You should call our office IMMEDIATELY and schedule an appointment for a consultation. This appointment is free, and we will determine the best course of action for your situation. Any actions to stop the sheriff’s sale must be taken before the sale occurs. It is critical that you do not delay in seeking advice. 

Can I be fired from my job if I file bankruptcy?

Federal law prohibits an employer from discriminating against you because you filed bankruptcy.

Will anyone know that I’m filing bankruptcy? Is it published in the newspaper?

Bankruptcy filings are generally not published in the newspaper. At our office, we will handle your case with the utmost discretion.

How much does it cost to file for bankruptcy with your office?

It is difficult to quote an exact fee without knowing the specifics of your case. Once you have your free consultation and we review your situation, we’ll be able to quote you a fee for your bankruptcy case.

How can I stop the constant phone calls and letters from creditors?

  

When you file for bankruptcy, the court will notify your creditors. Under federal bankruptcy law, creditors must stop calling you and sending you collection letters after they are notified of the bankruptcy filing. If a creditor continues to contact you after you have filed for bankruptcy, please contact our office. Most people are surprised at how quickly the creditors stop calling.


Remember: The law often changes. Each case is different. This overview is meant to give you general information and not to give you specific legal advice.