Bankruptcy F.A.Q's
Yes. Upon the proper filing of a Chapter 13 case, and by giving actual notice the affected creditor, a foreclosure on your home or real estate is stopped. The missed payments are included in a Chapter 13 Plan over 60 months. Likewise, repossession of your car is stopped. Under Chapter 7 and Chapter 13, collection efforts by Creditors are stopped immediately upon the filing of the Bankruptcy case. Also, filing a Bankruptcy case will stop most civil lawsuits and IRS proceedings. However, a Bankruptcy case will not usually stop divorce or criminal proceedings.
Most consumers are allowed to claim their home and car, furniture, personal belongings, retirement, and pets as exempt from seizure by creditors. You can meet face to face with me for to determine whether property is exempt. In Chapter 13, you pay for what you keep. If you have $6,000 in non-exempt property, you are allowed to keep the property by paying the Chapter 13 Trustee $100 a month for 60 months.
Attorney’s fee for filing a Chapter 7 or Chapter 13 vary depending on the complexity of each and every case. I offer a free initial consultation to all consumer debtors. I will determine the Attorney’s Fee at that time. Payment plans are available. In addition to the Attorney’s Fee, the filing fee paid to the Bankruptcy Clerk is $338 for a Chapter 7 and $313 for file a Chapter 13
Student loans, generally, are not dischargeable under any chapter of the Bankruptcy Code unless the borrower can show "undue hardship." HOWEVER bankruptcy can stop student loan wage garnishment
All debts must be included.
Credit cards, pay day loans, signature loans, medical bills, deficiencies on repossessions and foreclosures are included. Most taxes, child support, fines, student loans, and debts incurred by fraud are not discharged.
Missed mortgage payments, delinquent car payments, taxes, child support all may be paid back in a Chapter 13 Plan over 60 months.
At your free initial consultation, I can determine your eligibility to file a Chapter 7 after reviewing your pay stubs and any other proof of current income.
No, in most cases you will never appear before the Bankruptcy Judge. You are required to attend the Meeting of Creditors which is held 35-45 days after your case is filed. In most cases, however, no creditor appear. The term “Meeting of Creditors” is a bankruptcy term for the required meeting that you must appear before a Trustee-in-Bankruptcy. I appear and ask most of the questions. Before your Meeting of Creditors, I will provide you with a list of the most common questions.
30 days after your case is filed your first Plan payment is due.
Under Chapter 13, you must stay current on your mortgage payments beginning with the first payment that comes due after the date you filed your bankruptcy. If you file on the December 15th and your regular monthly house payment is due on the 1st, you must make your January 1st house payment. The missed house payment that came due before the date of bankruptcy are included in your Chapter 13 Plan.