Q & A
Who can file a chapter 7
bankruptcy?
Anyone can file a Chapter 7
bankruptcy.
Is there
a court filing fee?
There is a court filing fee of $200
for chapter 7 bankruptcy and it is
paid directly to the court, not to
us. If you like, you can ask the
court to allow you to pay the fee in
four monthly installments of $50
each. We provide you the completed
form you will need for this.
Is there
any minimum or maximum debt that you
must owe before you can file?
There are no minimums or
maximum amounts that you must owe
before file a chapter 7 bankruptcy.
When
will the creditor phone calls stop?
Your creditors are
required by law to stop harassing
you the moment you file bankruptcy.
They cannot call you or send you
collection letters. They cannot
start or continue any lawsuits, wage
garnishments, repossessions,
foreclosures, evictions. If they
have a judgment against you, they
cannot try to collect the judgment.
Who
notifies the creditors that I have
filed?
The court clerk notifies
them. Approximately one to two weeks
after filing, the court clerk sends
out a notice to every creditor that
you have listed on your bankruptcy
asking them to back off from
harassing you. You do not need to do
anything for them to be notified.
Do I
ever have to repay the debts?
You never ever have to
repay them anything. When your debts
are discharged, it is as though you
never even owed it.
Will my
employer find out that I filed?
Though bankruptcy is public
information, the court notifies only
the creditors that you list in your
bankruptcy. They do not notify your
employer.
Can I
get fired for filing bankruptcy?
Employers are prohibited
from discrimination against you
because you filed bankruptcy.
Does my
spouse have to file too?
Your spouse does not have to file
too. Even though you are married,
you can file as an individual. If
you and your spouse want to file
together, you can file a joint
bankruptcy and save money.
Can I
keep my credit cards?
You can keep a credit card after
filing bankruptcy but that depends
on what you negotiate with the
credit card company. We offer free
reaffirmation agreements that you
can use to keep the credit card or
other debts that you want to pay
after bankruptcy. Reaffirmation
agreement are an option that you can
select when you place your order for
our services.
Will I
have to go to court?
There is no court
appearance required. You will have
to attend a meeting of creditors
which is presided over by a person
appointed to look over your case.
Though it is called the meeting of
creditors, creditors rarely ever
show up and seldom ever ask you
anything. The trustee usually asks
you a few simple questions such as
whether the information on your
papers is correct truthful. The
whole processes usually lasts
about a minute. After that, you just
go home and wait for the discharge
letter.
Can I
keep my house and autos?
In almost every case, you
can keep your house and auto if you
are able to keep up the payments.
You are allowed to keep lots of
property so that you can get a fresh
start after bankruptcy rather than
become dependent on the state. There
are certain limits though, but most
people who really need to file
bankruptcy are well within those
limits and have nothing to worry
about.
Can I
reaffirm some of my debts?
Reaffirmation is a
process whereby you agree to keep on
making payments as usual on select
debts such as your house or car or
even on a credit card. When you
order from us, you have the option
to order unlimited reaffirmation
agreements too. Look for it on the
order page.
How many
years will bankruptcy stay on my
credit?
Credit bureaus are
allowed to report bankruptcy on your
credit for 10 years but that is not
as bad as it may sound. First, bad
credit such as collections and
charge-offs and judgments can stay
on your credit for multiples of 7
years. That is, a judgment creditor
can have it renewed every 7 years so
that your bad credit could keep on
showing for 7, 14 or even 21 years.
When you think of it this way, you
will see that bankruptcy is better
than bad credit. The really good
news is that you can purchase a
house with the best interest rates
in as little as 2 years after
bankruptcy. You do not have to wait
for 10 years to have good credit
again.
Will my
spouse be affected?
Your spouse will not be affected in
they are not responsible for the
debt, that is, if they did not sign
for the debt. There may be some
state by state exceptions to this
though, in which case you may want
to check with your state laws on
marital debts.
Will I
ever get credit again?
You will get credit again and it can
be in as little as the day after you
file or in 2 years, depending on the
type of purchase you want to
finance. You can get an auto loan in
a matter of days but you will have
to wait two years to finance a
house.
Do I
need to list all my creditors?
You will want to list all your
creditors or else the ones that you
do not list will not be wiped out.
The whole idea of filing chapter 7
bankruptcy is to get rid of unwanted
creditors. We do not insist
that you list every creditor. Assets
are a different matter. You must
make a full and truthful disclosure
of your assets.
Can
bankruptcy discharge student loans?
Bankruptcy can discharge student
loans under the hardship rule.
Student loans require a two-step
process. You file bankruptcy and
then you file a complaint for
dischargeability.
If you have decided to free
yourself once and for all from the
burden of debt,
having
us prepare your bankruptcy is your
best option. It is quick,
extremely high quality, convenient
and it works every single time.
You can give us your bills now
and kick back and relax while we do
all the hard work for you -- or
you can procrastinate until your
situation becomes beyond unbearable.