Bankruptcy FAQs

Once you have retained an attorney and have informed the creditor, all telephone communication has to stop or the creditor is violating the Fair Debt Collection Practices Act. 

A creditor can mail your letters and proceed with collection efforts (including obtaining a judgment) up until you file the bankruptcy.

Yes, you can file bankruptcy yourself, however, bankruptcy law has become so intricate with deadlines, court dates, and regulations that it is highly recommended that you have an attorney to represent you.

Yes, you can save your home up until the date and time of the actual sale as long as bankruptcy has been filed.

Yes, after the case has been filed and a case number is issued, the attorney will make the appropriate notifications to stop the wage garnishment. The wage garnishment cannot be stopped unless a bankruptcy has been filed.

No, you will not lose any secured assets you wish to keep. You can “reaffirm” the debt, but the important thing to remember is if you want to keep any secured assets you must continue to pay the monthly payment to the creditor even after the bankruptcy has been filed. If you choose to surrender any asset you would no longer have any financial obligation.

A Chapter 7 bankruptcy is a complete discharge of most unsecured debts and any secured debts that you have chosen to surrender. 

A Chapter 13 bankruptcy is a payback plan and is determined by your assets, income, and expenses.  Depending on your particular situation, the payback period could be either three or five years and your unsecured creditors may only get a small percentage of what’s owed to them. 

A bankruptcy can stay on your credit report for seven to ten years. Beware of “advertisements” that claim to be able to remove a bankruptcy for a fee as this is simply not true.

Yes, you can make monthly payments. You determine the amount you can afford each month until your retainer is paid in full.  Once, you have provided a retainer, you may refer your creditors to our office.  Once your bankruptcy retainer is paid in full, we can then file your bankruptcy with the Court.