Recent Blog Entries

How Long Will a Typical Chapter 7 Bankruptcy Case Take?

A bankruptcy case from filing until discharge, otherwise, from start to finish is approximately, 90 to 120 days. It is a relatively simple process from the consumer’s standpoint. The consumer provides information to his attorney who prepares the documents, acquires the required signatures, and advises the client on what steps need to be taken. For the most part, the client only has to appear before a trustee on one occasion.

Chapter 13 Reorganization: The Home-Saver Case

Chapter 13 is reorganization through a Chapter 13 trustee, provided for under Chapter 13 of the United State Bankruptcy Code. It allows for the repayment for all or a portion of one’s debt, over a 3-5 year period. So from anywhere typically between 36 to 60 months that individual will be making a monthly payment to a Chapter 13 trustee who will deal out payments each month to creditors, according to a certain hierarchy or priority. Chapter 13 is the perfect home-saver case.

Will I Have To Go To Court If I File Bankruptcy?

The answer is yes, you are going to have to attend a court date. It is actually called a 341 meeting of creditors. It is a meeting required under section 341 of the bankruptcy code. It is where you appear with your attorney, you’re sworn in, and a trustee appointed by the bankruptcy court will ask a series of questions based on the documents that were filed. The trustee’s job is to determine whether or not there are any assets that can be administered and paid to creditors. In 99% of the Chapter 7 bankruptcy cases, there are no assets to be administered.

Should I List My Utilities On My Bankruptcy Schedules?

When you file bankruptcy, you will have to list all the people that you owe money to. This includes family members; this includes creditors that you wanted to keep, even your American express card. I often get asked can people list utility bills on their bankruptcy, and the answer is “yes”. If you are past due on the utility bill, you want to list that in your bankruptcy. Here’s why; anything that you owe prior to filing will be eliminated. Anything that you accrued from the date of filing forward, you will owe. So you can wipe out a significant amount of past due utility bills.

Will My Employer Find Out That I Filed For Bankruptcy?

If I file for bankruptcy will my job, will my employer, will my co-workers know? The answer is “no”, typically. The employers will not find out about a bankruptcy unless I need to notify them, and that will be in the case of a garnishment that I need to stop. So in those cases, yes, the employer or the payroll department will find out about the bankruptcy since I am required to send an automatic stay to stop any kind of garnishment that is pending on a client’s paycheck.

Driver License Suspension Can Be Undone in a Bankruptcy

I have clients that see me whose drivers license’s have been suspended for several different reasons. One, is that they haven’t paid their parking tickets or they have moving violations or in some cases, they were caught driving without insurance and they were involved in a motor vehicle accident. In many of those cases, the driver license suspension will be reversed. The most common type is when someone is driving without insurance and they get into an auto accident.

Is Child Support Ever Dischargeable In Bankruptcy?

If someone owes back child support, filing a Chapter 7 bankruptcy case will never eliminate child support debt? Not only is it not dischargeable, but public policy tells us, that people should take care of their children. Child support is one of those debts that the government has deemed non-dischargeable. So, although you might be able to benefit with a Chapter 7 by eliminating a lot of unsecured debt, it will only free you up to pay the debts that are non-dischargeable such as child support. In addition to child support, another non-dischargeable debt is maintenance.

What Happens to Retirement Accounts Throughout a Bankruptcy Case?

What follows is a typical question that I hear practically daily.

Will I Ever Get Credit Again After Filing Bankruptcy?

This is on the mind with every single individual that I work with. Credit is typically what got them into the situation, however, they can’t wait to get back into it. They are eager to get back into a credit situation. My answer to them is this: Yes, you will get offers for credit again. Immediately, yes, sometimes within six (6) months, sometimes within two (2) years. There are rarely good deals going forward from the beginning. I always recommend that a client wait six (6) months to two (2) years before they start to re-establish any kind of credit.