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Frequently Asked Questions

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I read on google

The internet is full of misstatements; oftentimes what we read is over-dramatized or a myth. Your case is specific to you and your facts. What happened to another person has no effect on what will happen your case. Our E-Book will give you a broader understanding and is available in a free download.

How long is bankruptcy

Chapter 13 repayment plans are 36 months to 60 months. Chapter 7's from file date to discharge order are between 4-6 months.

What if I forget a creditor

A creditor not listed in a chapter 13 bankruptcy, will survive at the end of your case. If you start in a chapter 13 and change to a chapter 7 at a later time, the case is opened back up to add creditors.

If you file a chapter 7 and your case is a no-asset case, which at your consultation the attorney will let you know if your case could possible be assessed as an asset case. In a no-asset Chapter 7 case, you don't have any property that the bankruptcy trustee can take and sell in order to repay your creditors. Yours can be a no-asset Chapter 7 even if you own property -- that's because if all of your property is exempt, then the trustee cannot take it.

Will bankruptcy take care of my IRS debt

General rule is if you have filed your ta returns on time each year, no extension filed, and the IRS obligation is older than three years and has not been independently reassessed in the year and half prior to filing, the debt may be forgiven. You can request a tax account transcript from the IRS for our office to review. 

Can I buy a house if I filed for bankruptcy?

Yes! Two years after receiving a discharge, you could apply for an FHA government insured mortgage. Depending on income and the lender, you may be able to buy a house earlier than two years post discharge.

If you are in a chapter 13, and you are able to secure lending to purchase a home, we will go to the Court with a Motion to Incur Debt to get Court approval to purchase.

If my spouse is not filing, why do I have to provide their information?

Arizona is a community property state, meaning that all household income must be reported because legally both spouses have a right to that money. Your spouse's social and credit will not be affected by the filing.

This happened in my friend/family member's bankruptcy

Each case is different and what happens or doesn't happen depends on may factors. Discuss your concerns for your case and your goals with our office and we will create a strategy that is specific to your situation.

If I file a chapter 7 can I keep my house or car and not pay for it?

No. If you wish you to keep a secured debt you must pay for it.

Will bankruptcy stop my garnishment?

Yes. Filing bankruptcy places an automatic stay of protection over you. This means all attempts to collect a debt from a creditor must stop.

Do I have to pay my student loans when I am in bankruptcy?

Student loans survive bankruptcy, which means the debt is owed after your bankruptcy discharge is received. While in an active bankruptcy student loans are placed in a inactive status and payment will not be collected. Interest will accrue, so it is best to submit a monthly payment. Discuss this with our office so we can direct you on how to handle and what to expect.

What if I win the lottery while I am in bankruptcy?

If you win the lottery, inherit money, or receive a windfall of money while in bankruptcy, you have a duty to disclose this information to the Trustee and Court. Immediately speak with our office to discuss what is next for your case to receive a successful discharge.

Will bankruptcy affect my business?

If you file a personal bankruptcy and your business is a separate entity, meaning a LLC or Corporation, then your personal bankruptcy has no affect on your business and how it operates.

Do I have to pay in pound fees to get my car back?

No, filing the bankruptcy will force the creditor to return your vehicle to you without paying any fees up front.

Will the court approve my bankruptcy?

Yes, the question is never can you file, it is always what is the appropriate chapter. Our E-Book will give you a broader understanding and is available in a free download.

How do I know if I qualify for a chapter 7?

To determine if you qualify for chapter 7 depends on your income for the six-months period preceding filing and expenses. You will be asked questions that allow the attorney to complete a means test to determine if you qualify. Even if you make more than the median family income, it does not mean you will not be able to file a chapter 7.

How much do you charge to file?

The filing fees are set by the Court; the attorney fees are discussed in your initial consultation. We are sensitive to your financial situation and work with each client to show them how they can afford our fees.

What will my chapter 13 be?

Your chapter 13 payment depends on what secured debt (home, car), priority debt (IRS, child support) that is being paid back. We will discuss your income, expenses, and what you are wanting to keep when formulating your chapter 13 plan

I owe child support, how does bankruptcy affect this?

You will continue to pay your on-going support obligations. If you have child support arrears and file a chapter 13, the arrears will be addressed in the chapter 13 plan.

Is the Trustee going to take my property or belongings?

Through exemptions we will protect your personal belongings. Most people's furniture, electronics, clothes, jewelry, appliances are fully protected.

Can I keep a credit card?

No, you cannot pick and choose which unsecured debts are included in your bankruptcy. To receive a true fresh start, all debt has to be included.

Can I pay back my friend/family that I borrowed money from?

No. Money owed to a friend/family member is the same as a medical debt, credit card debt, etc. It must all be included in the bankruptcy.

Will I be able to lease an apartment?

Yes. Your income will need to be sufficient to make the monthly payments. You may have to pay a higher security deposit but typically is the only difference.

Do I file my taxes the same?

Yes. You file your taxes as you normally would each year. It is a requirement of being in bankruptcy that you file. You must file on time or file an extension and file by the extended deadline. 

How long will bankruptcy stay on my credit?

Bankruptcy will be reported on your credit for ten years. Do not let this worry you. Most debtors have an improved score, above 650 within two years of receiving discharge. There are things that you can do to help your credit after bankruptcy, our office is more than happy to discuss this with you.

Can I keep my credit cards if I am current?

No, you cannot pick and choose which unsecured debts are included in your bankruptcy. If your credit card has a zero balance, you do not have to list.

If my spouse does not file with me, does bankruptcy show on their credit?

No, their credit report will not report a bankruptcy because their social is not attached to the filing of your case.

Can bankruptcy stop an eviction?

Yes, if an eviction hearing is scheduled, we have time to remove the hearing from the State Court docket. This allows us to speak with an attorney that represents the landlord and negotiate a payback or help give you time to transition to a new place.

Why not just file pro se?

Bankruptcy seems simple until it is not. Bankruptcy is a legal proceeding conducted in Federal Court. You need representation in order to ensure you are protected and receiving the desired result. Our E-Book will give you a broader understanding and is available in a free download.

Do I have to go to Court?

Most debtors never have to appear in court during the course of their bankruptcy. Do not let the fear of attending court prevent you from using the bankruptcy to receive the relief of your debt that you are seeking. If you have specific concerns, discuss with our office so we can see if in our experience that is a valid concern.

Do I have to go to Court?

Most debtors never have to appear in court during the course of their bankruptcy. Do not let the fear of attending court prevent you from using the bankruptcy to receive the relief of your debt that you are seeking. If you have specific concerns, discuss with our office so we can see if in our experience that is a valid concern.

Why file a bankruptcy instead of debt consolidation?

Bankruptcy offers a faster and more complete solution. The danger of debt consolidation; going deeper into debt, paying more in interest, consolidation scams, possibility of putting your home or retirement at risk.

If I see a medical specialist can I still use them?

Yes. Discuss this with our office so we can explain how you can continue to receive treatment.

 What else do I need to know?

Our E-Book will give you a broader understanding and is available in a free download. You can also use our contact form to request a free consultation to discuss your specific situation with an attorney.