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Bankruptcy Can SAVE Your Finances! [Learn The Secrets] | Legal Facts

FIND OUT WHY LEGAL FACTS IS THE BEST PLACE TO FIND A BANKRUPTCY ATTORNEY.

  • Discharge your debts and become debt-free!
  • Stop foreclosure and save your home!
  • Put an end to creditor harassment! No more annoying calls or unwanted visits!
  • Maximize the chances of success of your filing!
  • Ask any question you want to the lawyer for free; no payment information required!
  • Connect with an experienced bankruptcy attorney in your city!
  • Stay in control of your case at all times through our state-of-the-art system!
  • Keep your peace of mind knowing that your case is in the hands of dependable lawyers.
  • Get a fresh financial start and rebuild your finances!

 

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At Legal Facts you can find information about all kinds of legal proceedings, especially about bankruptcy. Our team of expert lawyers is ready to help you with whatever you need. We only work with legal professionals who are willing to provide the highest level of service to help their clients get a fresh financial start. If you want to know more about the benefits of working with an experienced attorney during your bankruptcy process, read on!

Reasons You Might Need a Bankruptcy Attorney!

Experience

If you decide to file for bankruptcy, but you are unfamiliar with the laws surrounding this process, it may be a bad idea to do so on your own. An excellent bankruptcy attorney will have all the experience necessary to make your bankruptcy filing successful. In addition, a bankruptcy attorney knows the state laws and regulations inside and out, and will guide you through all the procedures.

Assess all your options

The extensive financial knowledge of an experienced bankruptcy attorney will allow him/her to diagnose your financial situation, and then determine what type of bankruptcy is best suited for your situation. You may want to get rid of your debts quickly, in which case the attorney will recommend chapter 7 bankruptcy. Or you may have a steady income and qualify for chapter 13 bankruptcy.

Protection from creditors

You may be receiving constant calls, and even visits, from creditors demanding payment of your debt. However, if your creditors know that you have an excellent bankruptcy attorney on your side, they will leave you alone immediately. Your attorney will make sure they stay away from you. He or she will tell you about the types of behavior that are considered abusive, and about the rights you have in your position. Once you file for bankruptcy, creditors are legally required to stop collecting on the debt.

Save your home or vehicle

If you are facing foreclosure proceedings, or if you are receiving threats to repossess your vehicle, hiring a bankruptcy attorney may be your best option to save those precious assets. The attorney will explain to you the options you have to have the best chance of keeping them. In addition, he/she will assist you in making lists of exempt assets, so that you do not make any mistakes during the procedure and end up losing something important to you.

Peace of mind

Retaining the services of an experienced bankruptcy attorney will make the entire process much easier. If you are going through a difficult financial time, you do not need to stress about legal procedures, when you can entrust it to someone who is much more experienced than you are in this field. Once you retain the services of an attorney, you can relax a bit, and then focus on rebuilding your finances with some peace of mind.

We Have Experienced Bankruptcy Lawyers in Our Network to Help You Through This Difficult Time.

An excellent bankruptcy attorney is the key to getting a fresh financial start

If you are drowning in debt and don’t know what to do to get rid of it, you get constant calls from pesky creditors demanding payment of the debt, or you want to avoid the foreclosure process on your home, bankruptcy may be your saving grace. The process will pay off most of your unsecured debt so you can enjoy a fresh financial start. To successfully file bankruptcy, having an experienced bankruptcy attorney is a must.

Other things to keep in mind if you’re thinking about filing for bankruptcy in USA:

It’s not as expensive as it seems.

Our attorneys will present you with affordable payment plans, so you can file for bankruptcy and enjoy a fresh financial start without having to break the bank. You have nothing to worry about, it’s your chance to get out of debt once and for all!

The lawyer will protect your rights and your assets.

Once you file for bankruptcy, creditors should stop calling you to collect. If they continue to do so, your bankruptcy attorney will make sure they leave you alone. In addition, he or she will do everything possible to keep you from losing your most valuable assets in the process.

Will guide you through the whole process.

A good bankruptcy attorney serves as both a legal representative and a guide in every instance of the process. He or she will explain in detail every aspect of what you need to consider in order to successfully file for bankruptcy, and lose as few assets as possible.

Will guide you through the whole process.

A good bankruptcy attorney serves as both a legal representative and a guide in every instance of the process. He or she will explain in detail every aspect of what you need to consider in order to successfully file for bankruptcy, and lose as few assets as possible.

The lawyer will provide full legal representation

During the bankruptcy process, you must constantly communicate with your creditors. This process can be uncomfortable, but if you have a bankruptcy attorney, he will take care of it for you. The most effective way to stop creditors from harassing you is with the intervention of a legal professional.

It’s your chance to get a fresh financial start!

Bankruptcy, far from being a negative thing for you, can be your saving grace. Don’t wait any longer, it’s time to get rid of your debts once and for all!

It’s your chance to get a fresh financial start!

Bankruptcy, far from being a negative thing for you, can be your saving grace. Don’t wait any longer, it’s time to get rid of your debts once and for all!

What Are The Different Types of Bankruptcy?

Chapter 7 Bankruptcy

This type of bankruptcy is known for being a liquidation of the bankruptcy filer’s assets, but this is a common myth. This is rarely the case,it is very unlikely that you will end up losing your property, depending on your case. If the court determines that you must sell any of your assets to pay, you can always exempt a list of assets that you want to keep. 

If you qualify, the court will appoint a trustee to sell your assets, if you have assets to sell, so that you can pay your creditors and pay off all of your outstanding unsecured debts. 

Chapter 7 bankruptcy is the quickest and cheapest of the bankruptcies and if you are not afraid of losing some assets, it will be the right bankruptcy for you. It is the bankruptcy that will allow you to erase all your debts as soon as possible so you can get that fresh financial start you so desperately needed.

Chapter 7 Bankruptcy

This type of bankruptcy is known for being a liquidation of the bankruptcy filer’s assets, but this is a common myth. This is rarely the case, it is very unlikely that you will end up losing your property, depending on your case. If the court determines that you must sell any of your assets to pay, you can always exempt a list of assets that you want to keep. 

If you qualify, the court will appoint a trustee to sell your assets, if you have assets to sell, so that you can pay your creditors and pay off all of your outstanding unsecured debts. 

Chapter 7 bankruptcy is the quickest and cheapest of the bankruptcies and if you are not afraid of losing some assets, it will be the right bankruptcy for you. It is the bankruptcy that will allow you to erase all your debts as soon as possible so you can get that fresh financial start you so desperately needed.

What Can A Chapter 7 Bankruptcy Attorney in Alabama Offer You?

Hiring an excellent local bankruptcy attorney is the key to qualifying for court. Through expert legal advice, you will be able to collect all the required paperwork and have a better chance of being able to file for bankruptcy.

The attorney will do everything in his or her power to make your case without liquidation of assets and if you have to liquidate, he or she will be able to advise you as to what assets you will be able to exempt during this process.

Chapter 13 Bankruptcy

Chapter 13 is a bankruptcy alternative for those who do not want to sell their assets to pay their debts and have the means to be able to stick to a financial reorganization plan. This plan will allow you to pay your debts to creditors progressively through a payment plan.

However, in this type of bankruptcy, you must be responsible and disciplined with the payments, otherwise, your assets will be liquidated to finish paying the remaining debt. Therefore, this chapter is recommended for people with a high salary or small business owners.

Chapter 13 Bankruptcy

Chapter 13 is a bankruptcy alternative for those who do not want to sell their assets to pay their debts and have the means to be able to stick to a financial reorganization plan. This plan will allow you to pay your debts to creditors progressively through a payment plan.

However, in this type of bankruptcy, you must be responsible and disciplined with the payments, otherwise, your assets will be liquidated to finish paying the remaining debt. Therefore, this chapter is recommended for people with a high salary or small business owners.

What Can a Local Chapter 13 Bankruptcy Attorney Offer You?

Having an expert to advise you in this type of case is the best decision you can make to qualify for this type of bankruptcy. He or she will do everything possible to guide you through the entire process.

A local bankruptcy lawyer will help you collect all the paperwork required in court and will know how to help you create a financial organization plan that will allow you to pay off your debts while maintaining a relatively normal lifestyle.

Chapter 11 Bankruptcy

The specialty of Chapter 11 is that large businesses (even those with international branches) have a way to get out of debt. If you are a business owner, or represent a large organization in some way, this may be the option you should consider.

The specific processes will depend on each company. However, essentially, this Chapter shares many similarities with Chapter 13. First, the business will have to restructure its finances, and then develop a payment plan, through which all outstanding debts will be discharged.

Throughout the process, you will be able to continue to run your business, and it will be able to operate fairly normally. Success will depend on the payment plan being fulfilled.

Chapter 11 Bankruptcy

If you represent a large corporation, a multinational, or a partnership, this is the type of bankruptcy for you. Chapter 11 bankruptcy is a bankruptcy designed similarly to Chapter 13 but tailored to the needs of a business.

In this type of bankruptcy, you do not need to sell your assets to pay your debts and you will be able to manage your business while going through this process. The similarity with Chapter 13 comes from the fact that you have a financial reorganization plan designed to pay your debts progressively to your creditors.

What Can a Local Chapter 11 Bankruptcy Attorney Offer You?

Making a financial organization plan is complex for an individual, but for a company, it is another level. Therefore, you need a person with sufficient experience and knowledge to advise you on the financial organization of the company and guide you through the whole process in a professional manner and according to your needs.

It is not only a requirement of the law that you have a bankruptcy lawyer advising you, you need a good lawyer who can advise you in a way that does not lead your company to an inevitable failure.

Bankruptcy FAQ

What is bankruptcy?

Bankruptcy is a legal process that helps individuals and businesses who are unable to pay their debts get a fresh start by either eliminating or restructuring their debts. The bankruptcy process is governed by federal law and is administered by the bankruptcy courts. When an individual or business files for bankruptcy, they are essentially asking the court to provide them with protection from their creditors and to help them reorganize or pay off their debts over time. There are several different types of bankruptcy, including Chapter 7, Chapter 11, and Chapter 13, which are designed to address different types of financial situations.

How does bankruptcy work?

  1. The bankruptcy process begins when an individual or business files a petition with the bankruptcy court. The petition includes a list of the debtor’s assets, debts, and financial information. The debtor must also undergo credit counseling with an approved agency before they can file for bankruptcy.
  2. Once the petition is filed, an automatic stay goes into effect, which means that creditors are legally prohibited from attempting to collect on the debtor’s debts. The bankruptcy court will then appoint a trustee to oversee the case and to ensure that the debtor’s assets are distributed fairly to their creditors.
  3. If the debtor is an individual, they may be required to attend a meeting of creditors, where they will be asked questions about their financial situation and the bankruptcy case. The bankruptcy court will then determine whether the debtor is eligible for bankruptcy and, if so, will decide how to proceed.
  4. If the debtor is eligible for bankruptcy, the court may order the liquidation of some of the debtor’s assets in order to pay off their debts. In other cases, the court may allow the debtor to restructure their debts and create a repayment plan. The debtor must then make payments to the trustee, who will distribute the funds to the creditors according to the terms of the plan.
  5. Once the debtor has completed all the required payments and fulfilled their obligations under the bankruptcy plan, the court will discharge the remaining debts, which means that the debtor is no longer legally responsible for paying them. However, some types of debts, such as student loans and certain taxes, may not be dischargeable in bankruptcy.

What are the different types of bankruptcy?

There are several different types of bankruptcy that individuals and businesses can file for, depending on their financial situation and the type of debts they have. The most common types of bankruptcy are:

  1. Chapter 7 bankruptcy: This is a type of bankruptcy that involves the liquidation of the debtor’s assets to pay off their debts. Chapter 7 bankruptcy is often used by individuals who do not have the income or assets to repay their debts.
  2. Chapter 11 bankruptcy: This is a type of bankruptcy that is often used by businesses that are struggling financially but want to restructure their debts and continue operating. Chapter 11 bankruptcy involves the creation of a repayment plan that allows the business to pay off its debts over time.
  3. Chapter 13 bankruptcy: This is a type of bankruptcy that is often used by individuals who have a regular income but are struggling to pay off their debts. Chapter 13 bankruptcy involves the creation of a repayment plan that allows the debtor to pay off their debts over a period of three to five years.
  4. Chapter 12 bankruptcy: This is a type of bankruptcy that is specifically designed for family farmers and fishermen who are struggling financially. Chapter 12 bankruptcy involves the creation of a repayment plan that allows the debtor to pay off their debts over a period of three to five years.
  5. Chapter 9 bankruptcy: This is a type of bankruptcy that is specifically designed for municipalities, such as cities, towns, and school districts, that are struggling financially. Chapter 9 bankruptcy involves the restructuring of the municipality’s debts and the creation of a repayment plan.

Can I file for bankruptcy on my own?

Technically, you can file for bankruptcy on your own, also known as filing pro se. However, bankruptcy is a complex legal process, and it is highly recommended that you seek the assistance of an experienced bankruptcy attorney. An attorney can help you understand your options and guide you through the bankruptcy process, which can be complicated and stressful.

There are many legal requirements and deadlines that must be met in a bankruptcy case, and an attorney can help you ensure that you meet all of these requirements and deadlines. An attorney can also help you determine which type of bankruptcy is best for your situation, negotiate with your creditors, and represent you in court if necessary.

Filing for bankruptcy can have significant consequences for your financial future, so it is important to seek the advice of an experienced bankruptcy attorney before making any decisions.

How do I know if bankruptcy is right for me?

Deciding whether to file for bankruptcy is a difficult and personal decision that requires careful consideration of your financial situation and long-term goals. There are several factors to consider when determining whether bankruptcy is right for you, including:

  1. The type and amount of your debts: Different types of debts are treated differently in bankruptcy, and it is important to understand how your debts will be affected by the bankruptcy process.
  2. Your income and assets: Bankruptcy involves the liquidation of some of the debtor’s assets to pay off their debts, so it is important to consider whether you have enough assets to protect in bankruptcy.
  3. Your financial goals: Filing for bankruptcy can have significant consequences for your credit and financial future, so it is important to consider whether bankruptcy aligns with your long-term financial goals.
  4. Your other options: There may be other options available to you for managing your debts, such as debt consolidation or negotiation with your creditors. It is important to consider these options before deciding to file for bankruptcy.

Ultimately, the decision to file for bankruptcy should be made after careful consideration and consultation with a bankruptcy attorney or other financial professional. They can help you understand your options and the potential consequences of filing for bankruptcy.

What debts can be discharged in bankruptcy?

In bankruptcy, a debt is “discharged” when the debtor is no longer legally responsible for paying it. Not all debts can be discharged in bankruptcy, and the types of debts that can be discharged vary depending on the type of bankruptcy being filed.

In general, most unsecured debts, such as credit card debt and medical bills, can be discharged in bankruptcy. However, certain types of unsecured debts, such as recent tax debts and debts resulting from fraud, may not be dischargeable.

Secured debts, such as mortgages and car loans, can also be discharged in bankruptcy, but the debtor may be required to surrender the collateral (e.g., the house or car) in order to have the debt discharged.

Certain types of debts are generally not dischargeable in bankruptcy, regardless of the type of bankruptcy being filed. These debts include student loans (with some exceptions), most taxes, and most child support and alimony payments.

It is important to note that bankruptcy law is complex, and the specific rules regarding the dischargeability of debts can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can help you understand which of your debts may be dischargeable in bankruptcy.

Can I keep my house or car if I file for bankruptcy?

  • Whether you can keep your house or car if you file for bankruptcy depends on several factors, including the type of bankruptcy you are filing, the value of the property, and your ability to continue making payments on the property.
  • In Chapter 7 bankruptcy, which involves the liquidation of the debtor’s assets to pay off their debts, the debtor may be required to sell their house or car in order to pay off their debts. However, if the value of the property is less than the amount of the debt, the creditor may not be able to sell the property for enough to pay off the debt in full, in which case the debtor may be able to keep the property.
  • In Chapter 13 bankruptcy, which involves the creation of a repayment plan to pay off the debtor’s debts over a period of three to five years, the debtor may be able to keep their house or car if they can continue making the required payments. The repayment plan will typically include payments on the secured debts, such as the mortgage or car loan, as well as payments on the unsecured debts.
  • It is important to note that bankruptcy law is complex, and the specific rules regarding the retention of property in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can help you understand your options and whether you may be able to keep your house or car if you file for bankruptcy.

How long does the bankruptcy process take?

The length of the bankruptcy process can vary depending on the type of bankruptcy being filed, the complexity of the case, and the efficiency of the bankruptcy court handling the case.

In general, the bankruptcy process can take several months to complete. The first step in the process is filing the bankruptcy petition, which initiates the automatic stay and begins the bankruptcy case. After the petition is filed, the debtor may be required to attend a meeting of creditors, where they will be questioned about their financial situation and the bankruptcy case.

If the debtor is filing for Chapter 7 bankruptcy, the case may be completed within a few months, as the debtor’s assets are liquidated and the debts are discharged. If the debtor is filing for Chapter 13 bankruptcy, the case may take longer, as the debtor must complete the repayment plan, which can last for three to five years.

It is important to note that bankruptcy law is complex, and the specific timeline for the bankruptcy process can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the expected timeline for your specific case.

Will bankruptcy ruin my credit?

Filing for bankruptcy can have a significant impact on your credit, and it will likely have a negative effect on your credit score. However, bankruptcy can also provide a fresh start and an opportunity to rebuild your credit over time.

When you file for bankruptcy, the bankruptcy court will issue an order called the “automatic stay,” which prevents your creditors from attempting to collect on your debts. This can provide some immediate relief from creditor harassment and allow you to focus on rebuilding your financial situation.

However, bankruptcy will also remain on your credit report for several years, and it will likely have a negative impact on your credit score. The specific impact on your credit score will depend on a variety of factors, including the type of bankruptcy being filed, the amount of debt being discharged, and your overall credit history.

It is important to note that bankruptcy is a serious step, and it should only be considered as a last resort after all other options have been exhausted. If you do decide to file for bankruptcy, it is important to work with an experienced bankruptcy attorney and to take steps to rebuild your credit after the bankruptcy is completed. This may include establishing new credit, paying your bills on time, and maintaining a budget to manage your finances.

Can I file for bankruptcy more than once?

Technically, there is no limit to the number of times an individual can file for bankruptcy. However, there are certain restrictions on the timing of successive bankruptcy filings, and the bankruptcy court may scrutinize successive bankruptcy filings more closely to ensure that they are being used in good faith and not to abuse the bankruptcy system.

Under the Bankruptcy Code, individuals are generally not eligible to receive a discharge in a Chapter 7 bankruptcy if they received a discharge in a previous Chapter 7 bankruptcy case that was filed within eight years of the date of the later case.

Individuals are also generally not eligible to receive a discharge in a Chapter 13 bankruptcy if they received a discharge in a previous Chapter 7, 11, or 12 bankruptcy case that was filed within four years of the date of the later case, or in a previous Chapter 13 bankruptcy case that was filed within two years of the date of the later case.

It is important to note that bankruptcy law is complex, and the specific rules regarding successive bankruptcy filings can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the restrictions on successive bankruptcy filings and help you understand your options if you are considering filing for bankruptcy again.

Will I lose all of my assets if I file for bankruptcy?

Whether you will lose all of your assets if you file for bankruptcy depends on the type of bankruptcy you are filing and the value of your assets.

In Chapter 7 bankruptcy, which involves the liquidation of the debtor’s assets to pay off their debts, the debtor may be required to sell some of their assets in order to pay off their debts. However, certain assets, such as personal property and certain types of retirement accounts, may be exempt from liquidation under federal or state law. An experienced bankruptcy attorney can help you understand which of your assets may be exempt from liquidation in bankruptcy.

In Chapter 13 bankruptcy, which involves the creation of a repayment plan to pay off the debtor’s debts over a period of three to five years, the debtor may be able to keep their assets as long as they can continue making the required payments under the repayment plan. The debtor’s assets will be used to pay off their debts according to the terms of the repayment plan.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of assets in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the potential impact of bankruptcy on your assets and help you understand your options.

How much does it cost to file for bankruptcy?

The cost of filing for bankruptcy can vary depending on the type of bankruptcy being filed, the complexity of the case, and the attorney’s fees.

In general, the cost of filing for bankruptcy can range from a few hundred dollars to several thousand dollars. The main costs associated with bankruptcy are the filing fees, which are set by the bankruptcy court and vary depending on the type of bankruptcy being filed.

For example, as of 2021, the filing fee for a Chapter 7 bankruptcy case was $335, and the filing fee for a Chapter 13 bankruptcy case was $310. However, these fees are subject to change, and you should check with the bankruptcy court for the most current fees.

In addition to the filing fees, you may also have to pay attorney’s fees if you choose to work with a bankruptcy attorney. The attorney’s fees can vary depending on the complexity of the case, the attorney’s hourly rate, and the amount of work involved. It is important to discuss the attorney’s fees with the attorney before retaining their services.

It is also important to note that some individuals may be eligible to have their filing fees waived if they cannot afford to pay them. An experienced bankruptcy attorney can provide more information on the cost of filing for bankruptcy and any potential fee waivers that may be available.

Will I have to go to court if I file for bankruptcy?

Whether you will have to go to court if you file for bankruptcy depends on the type of bankruptcy you are filing and the specific circumstances of your case.

In most cases, individuals who file for Chapter 7 or Chapter 13 bankruptcy will not have to go to court. The bankruptcy process is largely administrative, and most of the proceedings take place outside of court.

However, individuals who file for Chapter 7 bankruptcy may be required to attend a meeting of creditors, which is also known as a 341 meeting. At the meeting, the debtor will be questioned by the bankruptcy trustee and may also be questioned by their creditors. The meeting is typically held at the bankruptcy courthouse or at a location nearby.

In some cases, individuals who file for bankruptcy may have to go to court if there are disputes or legal issues that need to be resolved. For example, the bankruptcy court may need to decide whether certain debts are dischargeable or whether certain assets are exempt from liquidation. In these cases, the debtor may have to attend court hearings or participate in mediation or other alternative dispute resolution processes.

It is important to note that bankruptcy law is complex, and the specific requirements for court appearances can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the potential need for court appearances in your specific case.

Will I have to attend counseling or classes before filing for bankruptcy?

Yes, individuals are required to undergo credit counseling with an approved agency before they can file for bankruptcy. Credit counseling is a requirement of the Bankruptcy Code, and it is designed to help individuals understand their options for managing their debts and to provide them with the tools and resources they need to avoid future financial difficulties.

The credit counseling requirement applies to both Chapter 7 and Chapter 13 bankruptcy cases. The credit counseling must be completed within 180 days before the bankruptcy petition is filed, and the debtor must provide proof of completion to the bankruptcy court.

In addition to credit counseling, individuals who file for Chapter 13 bankruptcy may also be required to complete a debtor education course. The debtor education course is designed to provide individuals with the knowledge and skills they need to manage their finances and to successfully complete their bankruptcy plan. The debtor education course must be completed within 180 days after the bankruptcy petition is filed, and the debtor must provide proof of completion to the bankruptcy court.

It is important to note that the credit counseling and debtor education requirements are designed to help individuals understand their options and to make informed decisions about their finances. Failure to complete the required counseling or education may result in the dismissal of the bankruptcy case.

Can I file for bankruptcy if I am self-employed?

Yes, individuals who are self-employed can file for bankruptcy just like any other individual. However, the bankruptcy process may be slightly different for self-employed individuals, as their financial situation may be more complex and may involve additional considerations, such as business debts and business assets.

Self-employed individuals may file for bankruptcy under either Chapter 7 or Chapter 13 of the Bankruptcy Code, depending on their financial situation and the type of debts they have. In Chapter 7 bankruptcy, the self-employed individual’s assets may be liquidated to pay off their debts, including any business assets. In Chapter 13 bankruptcy, the self-employed individual may be able to keep their business assets and create a repayment plan to pay off their debts over a period of three to five years.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of business debts and assets in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for self-employed individuals and help you understand your options.

Can I file for bankruptcy if I am on a fixed income?

Yes, individuals who are on a fixed income can file for bankruptcy just like any other individual. However, the bankruptcy process may be slightly different for individuals on a fixed income, as their financial situation may be more constrained and may involve additional considerations, such as the need to protect certain assets or income streams.

Individuals on a fixed income may file for bankruptcy under either Chapter 7 or Chapter 13 of the Bankruptcy Code, depending on their financial situation and the type of debts they have. In Chapter 7 bankruptcy, the individual’s assets may be liquidated to pay off their debts, but certain assets, such as personal property and certain types of retirement accounts, may be exempt from liquidation under federal or state law. In Chapter 13 bankruptcy, the individual may be able to keep their assets and create a repayment plan to pay off their debts over a period of three to five years.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of assets and income in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for individuals on a fixed income and help you understand your options.

Can I file for bankruptcy if I have a co-signer on a loan?

Yes, individuals who have a co-signer on a loan can file for bankruptcy just like any other individual. However, the bankruptcy process may be slightly different for individuals who have a co-signer, as their bankruptcy case may affect the co-signer’s credit and financial situation.

In general, the bankruptcy of the primary borrower will also discharge the co-signer’s liability on the loan, unless the creditor can prove that the co-signer had an independent “financial obligation” to pay the debt. This means that the co-signer will no longer be legally responsible for paying the debt if the primary borrower files for bankruptcy.

However, the co-signer’s credit may be negatively affected by the bankruptcy of the primary borrower, as the bankruptcy will appear on the co-signer’s credit report. This may make it more difficult for the co-signer to obtain credit in the future.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of co-signed debts in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for individuals with a co-signer and help you understand your options.

Can I file for bankruptcy if I have student loans?

Yes, individuals with student loans can file for bankruptcy just like any other individual. However, discharging student loan debt in bankruptcy is generally difficult, as student loans are not automatically dischargeable in bankruptcy.

In order to discharge student loan debt in bankruptcy, the debtor must demonstrate that repayment of the loans would impose an “undue hardship” on the debtor and their dependents. Determining whether repayment of the student loans would impose an undue hardship is a complex legal analysis that takes into account the debtor’s current financial situation, their future prospects for repaying the loans, and their reasonable living expenses.

It is important to note that the standard for proving an undue hardship is high, and it is not sufficient to show that the debtor is experiencing financial difficulty or that repayment of the student loans would be burdensome. In most cases, the debtor must provide evidence of their financial situation and their efforts to repay the loans in order to demonstrate that an undue hardship exists.

It is also important to note that bankruptcy law is complex, and the specific rules regarding the dischargeability of student loans in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for individuals with student loans and help you understand your options.

Can I file for bankruptcy if I have tax debt?

Yes, individuals with tax debt can file for bankruptcy just like any other individual. However, discharging tax debt in bankruptcy is generally difficult, as tax debts are not automatically dischargeable in bankruptcy.

In general, tax debts that are less than three years old are not dischargeable in bankruptcy. Tax debts that are more than three years old may be dischargeable in bankruptcy if the debtor meets certain requirements, such as filing a tax return for the tax year in question and meeting certain deadlines for assessment and collection of the tax.

It is important to note that the rules regarding the dischargeability of tax debts in bankruptcy are complex, and the specific rules can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for individuals with tax debt and help you understand your options.

Can I file for bankruptcy if I have child support or alimony obligations?

Yes, individuals with child support or alimony obligations can file for bankruptcy just like any other individual. However, child support and alimony obligations are generally not dischargeable in bankruptcy, and the debtor will still be required to pay these obligations even if they file for bankruptcy.

Child support and alimony obligations are considered to be “priority debts,” which means that they are given priority over other types of debts in the bankruptcy process. This means that the debtor must continue to pay their child support and alimony obligations even if they are unable to pay their other debts.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of child support and alimony obligations in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for individuals with child support or alimony obligations and help you understand your options.

Can I file for bankruptcy if I have a mortgage or home equity loan?

Yes, individuals with a mortgage or home equity loan can file for bankruptcy just like any other individual. However, the bankruptcy process may be slightly different for individuals with a mortgage or home equity loan, as the bankruptcy may affect the debtor’s ability to keep their home.

In Chapter 7 bankruptcy, the debtor’s assets, including their home, may be liquidated to pay off their debts. If the debtor cannot afford to pay the mortgage or home equity loan, they may lose their home in the bankruptcy process.

In Chapter 13 bankruptcy, the debtor may be able to keep their home and create a repayment plan to pay off their debts over a period of three to five years. The debtor’s mortgage or home equity loan payments may be included in the repayment plan, and the debtor may be able to catch up on missed payments and avoid foreclosure.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of mortgages and home equity loans in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for individuals with a mortgage or home equity loan and help you understand your options.

Can I file for bankruptcy if I have a small business?

Yes, individuals who have a small business can file for bankruptcy just like any other individual. However, the bankruptcy process may be slightly different for individuals who have a small business, as the bankruptcy may affect the business’s assets and operations.

In general, individuals who own a small business may file for bankruptcy under either Chapter 7 or Chapter 11 of the Bankruptcy Code, depending on their financial situation and the type of debts they have. In Chapter 7 bankruptcy, the business’s assets may be liquidated to pay off the debts, and the business will be dissolved. In Chapter 11 bankruptcy, the business may be able to reorganize its debts and continue operating under the supervision of the bankruptcy court.

It is important to note that bankruptcy law is complex, and the specific rules regarding the treatment of small businesses in bankruptcy can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the bankruptcy process for small businesses and help you understand your options.

 

How will bankruptcy affect my employment?

It is generally not illegal for an employer to discriminate against an employee because the employee has filed for bankruptcy. However, bankruptcy may affect an employee’s employment in certain ways, such as if the employee’s job involves handling money or financial assets.

For example, if the employee’s job involves handling large amounts of money or financial assets, their employer may be concerned about the employee’s ability to manage these assets if they have recently filed for bankruptcy. In this case, the employer may decide to reassign the employee to a different position or to take other steps to protect the company’s financial interests.

It is important to note that bankruptcy is a personal financial matter, and an employer may not ask an employee about their bankruptcy status or use it as a reason to terminate the employee’s employment. If an employer takes adverse action against an employee because of their bankruptcy, the employee may have legal remedies available to them.

It is also important to note that bankruptcy law is complex, and the specific rules regarding the impact of bankruptcy on employment can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the potential impact of bankruptcy on employment and help you understand your options.

How will bankruptcy affect my ability to get credit in the future?

Filing for bankruptcy can have a negative impact on your credit score and your ability to get credit in the future.

Bankruptcy is a serious financial event that is reflected on your credit report and can remain on your credit report for up to 10 years. Having a bankruptcy on your credit report can make it more difficult to get approved for credit, as lenders may view you as a higher risk borrower.

However, it is important to note that bankruptcy is not the end of your financial life and it is possible to rebuild your credit after bankruptcy. Many individuals who have filed for bankruptcy are able to get credit again after a period of time, and some are even able to get approved for credit at reasonable interest rates.

To rebuild your credit after bankruptcy, you can start by establishing a positive payment history by making all of your payments on time. You can also consider applying for a secured credit card or a credit-builder loan, which are designed to help individuals with poor credit rebuild their credit.

It is also important to note that bankruptcy law is complex, and the specific rules regarding the impact of bankruptcy on credit can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the potential impact of bankruptcy on your credit and help you understand your options.

How will bankruptcy affect my spouse or domestic partner?

If you are married or in a domestic partnership, bankruptcy can affect your spouse or domestic partner in several ways, depending on the type of bankruptcy you are filing and the specific circumstances of your case.

In general, if you file for bankruptcy individually, your spouse or domestic partner’s assets and debts will not be included in the bankruptcy case. However, if you are both responsible for a joint debt, such as a mortgage or a credit card debt, the creditor may still be able to seek payment from your spouse or domestic partner if the debt is not discharged in your bankruptcy case.

If you file for bankruptcy jointly with your spouse or domestic partner, both of your assets and debts will be included in the bankruptcy case. This can be a good option for couples who have a lot of joint debt and want to discharge that debt in bankruptcy. However, it is important to note that bankruptcy is a serious financial event that can have a negative impact on both spouses’ or domestic partners’ credit scores and their ability to get credit in the future.

It is also important to note that bankruptcy law is complex, and the specific rules regarding the impact of bankruptcy on a spouse or domestic partner can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the potential impact of bankruptcy on your spouse or domestic partner and help you understand your options.

Will bankruptcy stop creditors from harassing me?

Yes, bankruptcy can stop creditors from harassing you. When you file for bankruptcy, an automatic stay goes into effect, which prohibits creditors from taking certain actions to collect debts from you.

The automatic stay is a legal injunction that applies to most creditors, including credit card companies, medical providers, and collection agencies. The automatic stay stops creditors from taking actions such as calling you on the phone, sending you collection letters, or suing you in court to collect a debt.

It is important to note that the automatic stay does not apply to all creditors, and it does not stop all collection efforts. For example, the automatic stay does not apply to child support or alimony obligations, and it does not stop the government from taking action to collect taxes or student loans.

It is also important to note that bankruptcy law is complex, and the specific rules regarding the automatic stay can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the automatic stay and how it can protect you from creditor harassment.

Will bankruptcy stop wage garnishment or bank levies?

Yes, bankruptcy can stop wage garnishment or bank levies. When you file for bankruptcy, an automatic stay goes into effect, which prohibits creditors from taking certain actions to collect debts from you.

The automatic stay stops most creditors from garnishing your wages or levying your bank account to collect a debt. However, it is important to note that the automatic stay does not apply to all creditors, and it does not stop all collection efforts. For example, the automatic stay does not apply to child support or alimony obligations, and it does not stop the government from garnishing your wages or levying your bank account to collect taxes or student loans.

It is also important to note that the automatic stay is not permanent, and it may be lifted or modified by the bankruptcy court in certain circumstances. For example, if a creditor can show that the automatic stay is causing them substantial financial harm, they may be able to obtain relief from the stay.

It is important to note that bankruptcy law is complex, and the specific rules regarding the automatic stay can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the automatic stay and how it can protect you from wage garnishment and bank levies.

Will bankruptcy stop a foreclosure or repossession?

Yes, bankruptcy can stop a foreclosure or repossession. When you file for bankruptcy, an automatic stay goes into effect, which prohibits creditors from taking certain actions to collect debts from you.

The automatic stay stops most creditors, including mortgage lenders and auto lenders, from foreclosing on your home or repossessing your vehicle to collect a debt. However, it is important to note that the automatic stay is not permanent, and it may be lifted or modified by the bankruptcy court in certain circumstances. For example, if a creditor can show that the automatic stay is causing them substantial financial harm, they may be able to obtain relief from the stay.

In addition, bankruptcy can provide other options for individuals facing foreclosure or repossession. For example, if you file for Chapter 13 bankruptcy, you may be able to create a repayment plan to catch up on missed mortgage or car loan payments and avoid foreclosure or repossession.

It is important to note that bankruptcy law is complex, and the specific rules regarding the automatic stay and other options for dealing with foreclosure and repossession can vary depending on the jurisdiction and the specific circumstances of the case. An experienced bankruptcy attorney can provide more information on the automatic stay and how it can protect you from foreclosure and repossession, and help you understand your options.

How can I rebuild my credit after bankruptcy?

Rebuilding your credit after bankruptcy is a process that requires time and effort, but it is possible to do so. Here are some steps you can take to rebuild your credit after bankruptcy:

  1. Obtain a copy of your credit report and review it for accuracy. You are entitled to a free credit report from each of the three major credit bureaus (Experian, Equifax, and TransUnion) every 12 months. Review your credit report for errors or inaccuracies, and dispute any errors that you find.
  2. Establish a positive payment history. One of the most important factors in your credit score is your payment history. Make sure to pay all of your bills on time, including your rent or mortgage, utility bills, and credit card bills.
  3. Consider applying for a secured credit card or a credit-builder loan. Secured credit cards and credit-builder loans are designed to help individuals with poor credit rebuild their credit. With a secured credit card, you will need to make a deposit that serves as collateral for the credit card. With a credit-builder loan, you will borrow a small amount of money that is held in an account until you have repaid the loan in full.
  4. Use credit responsibly. Avoid maxing out your credit cards or taking on more debt than you can afford to repay. Keep your credit utilization low by using only a small portion of your available credit.
  5. Keep your accounts open. Closing accounts can hurt your credit score, so try to keep your accounts open, even if you are not using them.
  6. Be patient. Rebuilding your credit after bankruptcy takes time, and it may take several years to see significant improvements

Is there any way to avoid bankruptcy?

There are several options that individuals can consider in order to avoid bankruptcy, depending on their financial situation and the type of debts they have. Here are some options to consider:

  1. Negotiate with your creditors. If you are having trouble making your payments, you may be able to negotiate a repayment plan or a settlement with your creditors. This may involve negotiating a lower interest rate, a lower monthly payment, or a forgiveness of some of your debt.
  2. Use a credit counseling service. Credit counseling services can help you create a budget and a repayment plan to pay off your debts. Credit counselors may be able to negotiate with your creditors on your behalf to reduce your interest rates or monthly payments.
  3. Consider debt consolidation. Debt consolidation involves taking out a loan to pay off your debts, which may allow you to get a lower interest rate or make one monthly payment instead of multiple payments.
  4. Sell assets. If you have assets, such as a second car or a vacation home, you may be able to sell them to pay off your debts.
  5. Use your retirement savings. If you have retirement savings, such as a 401(k) or an IRA, you may be able to borrow against these accounts to pay off your debts.

It is important to note that each of these options has its own advantages and disadvantages, and the best option for you will depend on your financial situation and the type of debts you have. An experienced bankruptcy attorney or a financial planner can help you understand your options and determine the best course of action for your specific circumstances.

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