Bankruptcy

Frequently Asked Questions

Bankruptcy

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What are some of the things a properly filed bankruptcy can accomplish?
A properly filed bankruptcy can often accomplish some or all of the following:

  • Stop garnishments and tax liens
  • Stop foreclosure
  • Stop repossessions
  • Stop lawsuits
  • Eliminate or reduce tax debt
  • Eliminate credit card debt
  • Eliminate medical bills

What is bankruptcy and what are the more common types of bankruptcy?
In the U.S. bankruptcy law is governed by federal laws. The law is intended to allow one to reduce or cancel most debts and to obtain a fresh start without fear of being harassed by creditors.

Chapter 7 Bankruptcy:
Chapter 7 is designed for individuals in financial difficulty who do NOT have the means to pay their existing debts. Generally, excessive credit card and/or medical services debt. Individuals must qualify in order to file a chapter 7 bankruptcy. The qualification is primarily based on gross family income and the number of members in a household. Additional factors are considered and need to be discussed with an attorney.
The purpose of filing a Chapter 7 case is to obtain a discharge of your existing, primarily unsecured, debts.
Even if you receive a general discharge, some particular debts are NOT discharged under the law. Therefore, you may still be responsible for some I.R.S. taxes and most student loans; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; and debts for death or personal injury caused by operating a motor vehicle while intoxicated.

Chapter 13 Bankruptcy:
Chapter 13 is designed for individuals with regular income who do not qualify for a chapter 7 or who would like to pay all or part of their debts in installments over a period of time. Generally, to save a house from foreclosure, a vehicle from repossession, domestic support and property settlement obligations, and/or I.R.S. tax issues. Individuals must qualify for a chapter 13. Qualifications are based on several factors. Some factors include income, amount of unsecured debt and amount of secured debt. Additional factors are considered and need to be discussed with an attorney prior to filing.

Under Chapter 13, you file a proposed payment plan with the court. The plan reflects a proposed payment plan to repay your creditors all or part of the money owed. The plan is based on a household’s income over the 6 months prior to filing. You must have enough income to pay for your regular expenses and to keep up with the required monthly payments, plus your bankruptcy plan payments, as they come due. This is called your “disposable income.” The period allowed by the court to repay your debts may be three years and/or up-to five years, depending upon your income and other factors.

Chapter 12 Bankruptcy:
Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to a Chapter 13. Any decision for a family-owned farm or commercial fishing operation to file a Chapter 12 should be reviewed by an attorney.

Chapter 11 Bankruptcy:
Chapter 11 is designed for the reorganization of a business, but it is also available to consumer debtors. Any decision for an individual to file a Chapter 11 should be reviewed by an attorney.

Is bankruptcy expensive?
We believe that our attorney’s fees are at or near the lowest in the Bankruptcy Courts we practice. We realize that fees and court costs are difficult to pay when one is experiencing financial problems. We have payment plans available. Because of pre-bankruptcy planning, our clients are usually able to save several times our fee by their bankruptcy filing.

How long does a bankruptcy case take?
A Chapter 7 case takes about 4 months unless the bankruptcy trustee discovers something unusual in the information. If this happens, the trustee can extend the time it takes to complete the case.

A Chapter 13 case lasts 3-5 years depending on the plan that is approved by the court. However, after the plan is approved, the only involvement you will have with the court is the making of the monthly payments unless financial circumstances change requiring an amendment to the plan.

About 5-6 weeks after the filing of the petition, you are required to attend a meeting in bankruptcy court with your attorney where the bankruptcy trustee will ask questions to you about the information contained in the bankruptcy petition.

If in an emergency, how fast can you file bankruptcy for me?
Usually within 24-48 hours for an additional fee.

Will bankruptcy help me with my IRS debt?
Yes, in Chapter 13 you can pay the IRS back through your bankruptcy at 0% interest and penalties that would be incurred prospectively would be incurred. Resulting in a very beneficial payment plan. Furthermore, the bankruptcy will stop the threat of liens and levies being put on your property and/or your bank accounts during the Chapter 13 or during the administration of your Chapter 7.

How do I stop creditors from harassing me?
Once you hire us, I will give you a letter of representation to provide all your creditors as reference. Once a creditor knows that you are represented by an attorney, they can no longer contact you. They are required, by law, to go through our office.

Once you file for bankruptcy, your creditors can no longer call you, email you, send you letters, or contact you in any way. This includes you, your friends and your family members. All collection attempts will stop immediately.

As your bankruptcy attorney, creditors will be required by law to go through us from this point forward. If creditors continue this harassment, you will have a legal claim against them. This will allow us to sue any creditor who does this to you in the federal bankruptcy court.

How will the bankruptcy affect my credit?
If you had perfect credit, which very few people do before filing, it would affect your credit for a short time. Since most people have substantially damaged their credit before filing, in many cases, it actually helps to raise your Credit Score and helps you start rebuilding your credit.

How do I get started?
Call for a complimentary appointment at 360-435-5707
We will provide you with a Preliminary Questionnaire prior to the first office call with us.

After consulting with our office, we will give you a written fee quote which you may take home and review before deciding to file or hire an attorney. We will provide you with payment options to have your case filed.

Your undertaking representation and the agreed your following the payment plan, we will do the following: (1) prepare and file your bankruptcy petition and schedules; (2) attend your section 341 Meeting of Creditors; (3) attend your Confirmation hearing; (4) prepare, review, and file all other necessary pleadings and documents required in the case; and (5) anything else your flat fee agreement sets out.