If I file for Bankruptcy will I have to go to court?
Yes. The Bankruptcy Code requires that all debtors must attend at least one hearing in Court called the Section 341 -Meeting of Creditors hearing. In certain instances, the Debtor may attend the hearing telephonically with the Court's prior permission. Most attorneys but not all, will attend the hearing with you, so make sure you ask your attorney if he or she will appear in court with you.
If I file for Bankruptcy will
I have to attend any classes?
Yes.
Before your case can be filed, you must speak with a Court approved credit
counselor at least once. Also, you must attend at least one Court approved
Financial Management class before your Discharge can be granted.
How soon will I be able to get credit after I file?
Bankruptcy
Guru is not qualified to determine if you will be eligible to receive credit
or a loan from any potential creditor or lender. However, it is very common
for debtors to receive offers of credit even while their Bankruptcy is still
pending! Bankruptcy Guru strongly recommends that you be extremely careful
when obtaining new credit after you have received your fresh start!
Do
I need to list all my creditors when I file?
Yes! Absolutely, you are required by law to list all your creditors when
you file. However, you may enter into a legally binding agreement to pay
back any creditor (reaffirmation agreement) you wish. Make sure you discuss
the details of such an arrangement with your attorney.
What
type of debts goes away when I file?
A
better question would be "what debts do not go away (discharge) when
I file?"In Chapter 7 cases most taxes, child support, obligations awarded
in a family law decree, most student loans, traffic tickets, criminal penalties
& restitution, as well other debts owed to government entities cannot
be discharged by filing a Chapter 7. If your are like most people, then
most of debt is comprised of credit card, medical bill and unsecured personal
loans, all of which can be discharged provided there are no issues of fraud
surrounding the debt.
Can I file a Bankruptcy without an attorney?
Yes.
You are not required to have an attorney when you file for Bankruptcy. In
fact, you are not required to have an attorney if you are standing trial
for murder either! However, Bankruptcy Guru recommends that you at least
speak with an experienced Bankruptcy attorney before you decide to file.
Does your office offer a free consultation?
Yes. My initial in-office consultation is always FREE. However, I do charge
for the consultation if you have already filed a Bankruptcy case that is
still open and you want a second opinion, or you want me take over the case.
What do I need to bring with me to your free consultation?
Please
bring the following to your appointment:
1. Most recent required tax return or a copy.
2. Most recent current pay stub or a copy.
3. Last pay stub from all jobs you had during
the last 6 months or copies.
4. Written list of your debts, and/or a credit
report or copies of all your bills.
