FREQUENTLY
ASKED QUESTIONS ABOUT BANKRUPTCY
2.
WHAT ARE SOME COMMON REASONS FOR FILING A CHAPTER 7 BANKRUPTCY?
The main reason to file for
Chapter 7 Bankruptcy are if you find yourself behind the 8 ball and
unable to pay your bills due to unemployment, high
medical expenses, over-extended credit, marital problems or other
large unexpected expenses.
3.
CAN I KEEP MY HOUSE, CAR AND OTHER PERSONAL BELONGINGS IF I FILE A
CHAPTER 7?
You can keep your house and
your car as long as the amount of equity in
the house or vehicle is under the exemptions limit for California and
your payments are current.
In most cases you will be allowed to keep all of your personal
belongings and pensions.
4.
CAN I KEEP MY CREDIT CARDS OR FINANCED ITEMS?
In most cases you will not be
able to keep your
credit cards. However, some creditors
will allow you keep your credit cards or financed items as long as you
reaffirm
the debt and agree to continue making payments to them once your
bankruptcy is
discharged.
5.
DO YOU HAVE TO HAVE A CERTAIN AMOUNT OF DEBT TO FILE?
There is no statutory amount of
debt that is needed to file a
bankruptcy. This means there are no upper or lower limits on the
amount of debt when determining eligibility for bankruptcy.
6.
WHAT TYPES OF DEBT AREN'T ELIMINATED IN CHAPTER 7?
For the most part,
non-dischargeable debts such as
student loans, parking tickets,
government debts, child support and alimony, some IRS debts and
fraudulent debts will not be eliminated through bankruptcy. There are
exceptions, which vary by state, which is why a California bankruptcy
attorney can be of great assistance.
8.
WHAT IS THE DIFFERENCE BETWEEN CHAPTER 7 & CHAPTER 13 (AND WHAT
IS CHAPTER 11?)
Chapter 7 is designed to
eliminate unsecured debts and keep your assets such as your car or
home. Chapter 13 allows you to repay your creditors and keep your
assets such as your car
or home based on your ability to repay your debts. Chapter 11 is
essentially a Chapter 13 debt reorganization bankruptcy for
corporations. A California bankruptcy
attorney can help you choose which
chapter is best for you.
9.
WILL I EVER GET CREDIT AGAIN?
Absolutely. After your
bankruptcy is
discharged you will be able to get credit
again. You will most likely be able to finance a vehicle immediately
upon the discharge of your
bankruptcy case. Once you receive your discharge you can apply
for and often get credit
cards and personal loans. Qualified persons are able to buy homes
within a year or two of receiving their
bankruptcy discharge.
10.
HOW LONG DOES A BANKRUPTCY STAY ON MY CREDIT REPORT?
A Bankruptcy may remain on your
credit report for 7-10 years after your
bankruptcy case is discharged. However, you will most likely be able to
get credit well before your bankruptcy drops off your credit report.
11.
DO I REALLY NEED A BANKRUPTCY ATTORNEY?
While it is possible to file a
bankruptcy petition on your own, if you
were to spend a day at bankruptcy court, you'd soon banish this thought
from your mind. You would see that even competent attornies have
difficulty understanding all the provisions of the new bankruptcy
code. Additionally, each state has its own rules regarding how
much income you can earn, how much debt to income you
need to qualify for bankruptcy and what is exempt from bankruptcy (i.e.
the assets you get to keep). Hiring an attorney with bankruptcy
experience in your state can often save you more in additional
exemptions than the fees they charge. Also, you only get one
crack at bankruptcy (if you fail, you are not allowed to refile for 60
days during which your creditors are free to come after you) so you
need to make sure it gets filed correctly.
12.
HOW EASY IS IT TO FILE A BANKRUPCTY?
There are three tasks that you
will have to perform, regardless of who
prepares your bankruptcy petition. The first, and most difficult,
is your financials. You will need to prepare a list of all your
creditors, including their address, account numbers and amount
owed.
You will need a list of all your assets and their worth (market value).
Finally, you will need your last three or four years of income tax
returns and bank statements as well as your current credit score. The
second task is you have to complete two classes in order to get your
bankruptcy discharge: the first is a Credit Counseling class; the
second is
a Financial Mangement class from which you will need to provide your
certificate of completion for your attorney to file with the Bankruptcy
Court. Usually, these can be taken online and require about an hour for
each course. Finally, you will have to attend, along with your
attorney, a
meeting with your creditors (the
341 meeting) which lasts about 20-30 minutes. That's it.
You're done and will receive your formal notice of discharge of your
debts through bankruptcy in a few months.
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