Bankruptcy

Yes, the act of filing a bankruptcy petition will create an automatic stay that immediately stops a wage garnishment.

Generally speaking, no. The bankruptcy process requires you to attend a meeting of creditors with a bankruptcy trustee. This is a proceeding of a sense, but it is not before the bankruptcy judge. Most people who file for bankruptcy will not have to be involved with a bankruptcy judge.

You have to be at least 18 years old and capable of entering into a contract to file for bankruptcy.

The answer to that question is no. Your landlord cannot evict you solely because you filed for bankruptcy. However, if you have violated other terms of your rental contract or your lease, that may very well be a basis for eviction

Usually, the answer to that question is yes. Sometimes you’re going to enter into a reaffirmation agreement with the bank. Other times you might offer a certain sum to redeem the collateral, which is your car. Or if you’re behind on your loan, bankruptcy will allow you to catch that loan up or in Chapter […]

The answer to this question is that it depends if you are in the kind of business where you do not have a lot of material, assets, or equipment. You may very well be able to continue to operate your business and be able to get rid of your debts. If you have assets and […]

Generally speaking, the answer to this question is no. The bankruptcy law specifically states that discrimination based upon bankruptcy is illegal. However, there are certain caveats to this. If you are in a high-security job with a top security clearance, bankruptcy may potentially affect your eligibility to continue to hold that job or that clearance.

The answer to that question is yes. In 2005, Congress passed a law that required everybody filing for bankruptcy to obtain a credit counseling certificate before filing the credit counseling certificate, in my mind, is like a car key. You can’t move the car without putting the key in the ignition and turning the ignition. […]

Generally speaking, there are two fundamental concepts of bankruptcy, liquidation and reorganization. In Chapter seven, we liquidate your assets and your debts. If you don’t have any assets, your debts are discharged and you’re out of this process in approximately four months in Chapter 13. We reorganize your debts and assets and propose a plan […]

You should immediately call your attorney’s office so that I can notify the creditor about your bankruptcy and get them to stop. If the creditor persists, we can bring them before the bankruptcy court and have them held in contempt. Also, we may have the option of filing suit against them under the Fair Debt […]