With the exception of garnishment for child support, yes, bankruptcy will stop a wage garnishment and in most instances “unfreeze” a frozen bank account. If you are experiencing a wage garnishment or frozen account, be sure to bring all documents related to these issues to your consultation.
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Bankruptcy usually cannot help you with your utilities. If you don’t pay those bills, bankruptcy ultimately cannot prevent a utility from shutting you off.
It is NOT immoral to file bankruptcy. The laws are in place to give honest people who have fallen on hard times an opportunity to get a fresh start. My clients are not “deadbeats”. They are everyday people who have suffered a job loss, gone through a divorce, or have been overcome by medical bills. You are who you are. You are not who you owe.
Think about it: other than the purchase of a house or a car, there really is no need for credit. In some instances, filing bankruptcy improves credit. In all instances, your credit will slowly improve after the bankruptcy is complete. If you are worried about no longer having access to credit, I will discuss this issue with you at your consultation.
If you file bankruptcy, in most instances, anyone who cosigned for you will become solely liable on the debt.
You could try, but it is unlikely that you will ever pay off your credit cards in full. If you have $15,000 in credit card debt, with an average interest rate of 17% and pay $300 per month, it will take you 7 years and 4 months to pay off the debt, and you will have paid over $11,000 in interest. If you’ve fallen behind on your cards, and your average interest rate is 27%, it would take you approximately 12.5 years to pay off the debt at $350 per month!
Most likely. The real issue is whether you will get a discharge of your debts. If you filed previously, it’s very important to inform your attorney of any previous filings.
In most instances, government student loans cannot be wiped out through bankruptcy. There are some exceptions however. Be sure to discuss your student loan with your attorney.
If you are married, you have the option of filing with or without your spouse. If you have a joint debt with your spouse and you file without your spouse, your spouse will become solely liable for that particular debt.
There are many places online to get your credit report. Every consumer in the United States is now entitled to receive a copy of his or credit report, for free, once each year from each of the major reporting bureaus (Equifax, Experian and Transunion). Click Annualcreditreport.comto check your credit rating, but be sure NOT to sign up for credit monitoring if you don’t want it.
Probably, but what you save in money up front could end up costing you much much more later on. See above to read about why we think you should not work with a paraprofessional to file bankruptcy. If you choose to have your debts negotiated for you, keep in mind that a debt counselor or consolidation service is not required by law to act in your best interest, whereas an attorney must act in your best interests.
Many debt counselors and consolidation services have hidden fees and do not necessarily act in your best interests. Some of these companies are legitimate and do a good job, but be very careful and read the fine print before you hire them.
There is no such thing as a “simple” bankruptcy, especially under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Your particular set of circumstances (what you own, what you earn and spend, who you owe, what caused you to fall behind, etc.) can significantly affect your bankruptcy case.
Only a skilled bankruptcy attorney can interview you and help you apply the facts of your life to the bankruptcy laws. Paralegals and preparers cannot give you legal advice or go to court with you. Paralegals and preparers cannot fight a creditor for you if that creditor contests your case in some manner. Most importantly, paralegals and petition preparers do not have to answer to any regulatory entity, whereas bankruptcy lawyers must comply with the ethical obligations and competency requirements of their state bar.
Any mistake a paralegal or petition preparer makes, could end up costing you thousands of dollars or the loss of property. It is also very unlikely that you would have any rights against them if they do make a mistake. You would likely save some money early, only to learn that you lost much, much more later on.
Technically, yes, as you have to go to the Federal courthouse. However, it is exceptionally unlikely that you will have to appear before a judge. 99% of my chapter 7 clients go to the courthouse once, for what’s called a Meeting of Creditors.
There may be, especially if the amount of unsecured debt you have is not overwhelming. Easily half the people who meet with me do not need to hire me for a bankruptcy in Houston. Many families have never done a budget, and I am able to help them find ways to cut expenses and get back on their feet without use of professional help. Other folks choose to have me negotiate their debts for them. Whatever their choice, I offer a one hour initial consultation to assess your situation and give you sound advice. See also our page on alternatives to bankruptcy.
Yes. Bankruptcy may stay on your credit for up to ten years from the date of filing.
In nearly 2000 cases, I have never had clients have their home visited for a property inspection.
And who has access to them? Are they published in the newspaper?
Bankruptcies are public records and are reported on your credit. Anyone to whom you give permission to access your credit will know about your bankruptcy. Bankruptcy court filings are also accessible via the Internet, but someone must apply for a user name and password and pay for that access. The court filings are also accessible for free at the courthouse. The only newspaper in our area that I am aware publishes bankruptcy filings is called “The Daily Court Review”. The Daily Court Review publishes all sorts of public records and is often used by business people specifically for public records data. It is therefore unlikely that a friend or neighbor will know of your filing unless that person just happens to scan that paper on the day that your bankruptcy is reported.
Within a day of your case filing, my firm will contact creditors who are giving you a particularly difficult time. Soon after filing (usually within a few days), the bankruptcy court clerk mails a notice to all of your creditors. Once your creditors receive the notice, they are not allowed to harass you anymore.
In most instances, yes. If you have had 2 or more bankruptcies dismissed in the one year prior to a new filing, a foreclosure or repossession likely will not be stopped.
Filing chapter 7 bankruptcy may not be your best option if you are hoping to stop a foreclosure or repossession.
Please see our Chapter 13 information page for more information regarding choosing chapter 13 as it will likely be better for you if you are trying to stop a foreclosure or repossession.
Means testing and median income
Why it makes sense to see an attorney regarding means testing
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