FAQS

What kind of bankruptcy do I file?

Chapter 7 and 13.

Will all my debt be released by a Chapter 7 discharge?

No. Some debts are not dischargeable. Exceptions exist for particular debts, e.g. child
support. Liens, such as mortgages, are still enforceable. You may also be denied a
discharge if you have committed improper conduct such as fraudulently obtaining credit. Student loans are generally not dischargeable.

Who is eligible for a Chapter 7 discharge?

Anyone who is under the median income. Whether you are eligible is determined by
taking a six month average of your income and comparing it to the state's median
income.

Can I file or do I need an attorney?

You can file pro se (by yourself), but bankruptcy is complicated. You are better off with an attorney.

Do I file individually or with my spouse?

Unless you have incurred most of your debt before your marriage, you should file with
your spouse, who has presumably benefited from the debts. You may have used credit cards for household expenses such as groceries. Spouse should also accept responsibility. On the plus side, it doubles exemptions.

When should I file bankruptcy?

You should file before any liens (judgments) are placed on your property. It is too late to file if a judicial sale has occurred.

Will my boss fire me -or- will it affect my chances of hearing hired?

Not usually but it does happen.

What is a trustee?

A trustee is an attorney (usually) who administers the case. Normally, that means
conducting a meeting of creditors to determine if the schedules are accurate and that there are no assets that can distributed to creditors.

What happens to the property I turn over?

The property is liquidated and distributed to creditors who have filed a proof of claim.

Do I get to keep anything once I file?

Usually you will keep everything. Bankruptcy exemptions are quite generous.

Can I pay off one of the debts even if I file for bankruptcy?

You may voluntarily pay a creditor after the discharge, not before.

How long does it take?

A no asset Chapter 7 normally takes 4 to 6 months.

Can a creditor still try to collect after the debt was discharged?

No.