BANKRUPTCY FAQs

Quite often, clients come to my office having heard all sorts of misconceptions about bankruptcy. These misconceptions often keep people who really need to file from doing it. The truth is that bankruptcy is often a last, but best, resort for most people who file:

Frequently Asked Questions:

• Is it hard to file for Bankrutpcy?
  While the bankruptcy code is complex, with the help of an experienced bankruptcy attorney, the process will be simple.
  
  
• Will I lose everything I have?
  No. The bankruptcy laws allow for exemptions that protect certain kinds of assets, such as your house, your car, money in qualified retirement plans, household goods and clothing.
  
  
• I’ve heard that I'll never get credit again. Is that True?
  Quite the contrary. It won't be long before you're getting credit card offers again. With timely payments on any new debts, your credit score will continue to improve.
  
  
• If you're married, do both spouses have to file for bankruptcy?
  Not necessarily. It's not uncommon for one spouse to have a significant amount of debt in their name only, however, if spouses have debts they want to discharge that they're both liable for, they should file together.
  
  
• Can I get rid of back taxes through bankruptcy?
  In a Chapter 13 plan, while being repaid, the debt is frozen, meaning that interest and penalties will stop.
  
  
• What type of people file for bankruptcy?
  Most people file for bankruptcy after a life-changing experience, such as a divorce, the loss of a job or a serious illness. They've struggled to pay their bills for months and just keep falling further behind.
  
  
• I’ve filed bankruptcy before, can I file again?
  Yes. You can file for Chapter 7 bankruptcy once every eight years. For Chapter 13 reorganization, you can file right away.
  
  
• Can I max out all my credit cards, file for bankruptcy, and never pay for the things I bought?
  That's called fraud, and its against the law.