Bankruptcy FAQs

When we sit down with a new client to discuss their bankruptcy options, we are frequently asked the same questions.  Below are a few Bankruptcy FAQs.

Where do I file my bankruptcy case?

As a general rule, you should file your bankruptcy case in the bankruptcy court for the federal judicial district where your residence, principal place of business, or principal assets have been located for the greater part of the 180 days prior to filing.

What Can Bankruptcy Do For Me?

Bankruptcy can help consumers in many ways which include, but are not limited to, the following:

1. Stop foreclosure on your house and allow you the opportunity to get caught up on missed payments;
2. Eliminate your legal obligation to pay most or all of your debts;
3. Prevent your car, or other property, from being repossessed;
4. Stop a Wage Garnishment; and
5. Stop Debt Collection Harassment.

Do I have to list all of my debts in my bankruptcy petition?

Whether filing for a Chapter 7 or Chapter 13 bankruptcy you must list all of your creditors within your bankruptcy proceeding. This includes but is not limited to debts owed to family members, car loans, mortgages and all credit card debts. An individual cannot pick and choose which debts they would like to include within their bankruptcy case and are signing under the penalty of perjury that they have listed all of their debts owed at the time of filing their bankruptcy case with the Court. If you are interested in what type of bankruptcy you qualify for please contact our office to schedule your free consultation with one of our experienced bankruptcy attorneys.

Do I qualify for a Chapter 7 Bankruptcy?

In order to file a Chapter 7 bankruptcy you must not have filed for a Chapter 7 bankruptcy within the last eight years prior to filing a new case. Further, in order to qualify for a Chapter 7 Bankruptcy, the Court will require that you provide proof of your gross monthly income (before taxes) for six months prior to filing. If your average monthly income is less than the medium income for your household size and your current necessary living expenses prove that you cannot afford a monthly payment to your creditors, you may qualify for a Chapter 7 bankruptcy. If your gross monthly income is higher than the medium income for your household size and you can afford a payment to your creditors, you still may have bankruptcy options available to you.

In order to determine what bankruptcy options you have available to you please contact our office to schedule your free consultation with one of our qualified bankruptcy attorneys.

 

Jessica Dorn and Lauren Franzella wrote these Bankruptcy FAQs. Jessica and Lauren both practice Bankruptcy and Family Law and work out of our Modesto Office.

 

 

 

Legal Disclaimer: This article is designed for general information only. The information presented should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.