1. If I file a Bankruptcy,
will I ruin my credit?
You should not consider Bankruptcy creditor protection unless
your credit is already affected by Sheriff's sales, Wage Garnishments,
Repossessions, Foreclosures, Law Suits, Judgments, or Creditor
Harassment, or if you anticipate any of these actions in the near
future. You will actually be able to start rebuilding your credit
after your Bankruptcy discharge. Yes, with the proper income you
will be eligible to receive car loans, mortgages and even charge
cards. However, we always caution our clients to be careful because
you don't want to jump from the frying pan into the fire with
your new creditors.
2. What are the warning signs
that my credit is bad enough to consider Bankruptcy creditor protection.
You should consider a Bankruptcy if you are the victim of the
foreclosure process, an upcoming Sheriff's sale or eviction, an
upcoming car repossession, wage garnishments, law suits, harassing
creditor collection activity at home or on your job, difficulty
in meeting rent or mortgage payments on time, use of credit cards
and charge accounts to supplement cash and expand your income,
commitment of more than 25% of your net monthly income for installment
obligations, inability to build reserve savings to meet unexpected
emergencies. Call the Hitchcock & Associates for a free consultation
to learn how a Bankruptcy can immediately stop Sheriff's sales,
foreclosures, wage garnishments, repossessions, creditor harassment
and the like.
3. What is the 7 year rule
that everyone talks about?
The 7 year rule refers to the law that bars or stops someone from
seeking Chapter 7 Bankruptcy relief for 7 years after they have
filed one. In other words, you can only file a Chapter 7 Bankruptcy
every 7 years. It does not mean that you can't get credit for
7 years.
4. How often can someone file
a Chapter 13?
There really is no set rule as to how often someone can file Chapter
13 reorganizations of debt as long as one does not abuse the system
or file a case in bad faith. In most cases, one is allowed to
file another Chapter 13 if the first case is dismissed and if
you have a positive change in your circumstances. In other words,
if, since your last filing, you have a new or better job or if
you have more regular income you could be eligible to file another
Chapter 13 reorganization. This could be helpful to those who
are facing a Sheriff's sale of their home or a repossession of
their car. However, we must warn you that you cannot file Chapter
13 after Chapter 13 and not make your payments. This would be
considered a bad faith filing and your creditors would probably
be against this. You must be in a financial situation and in a
frame of mind to make a Chapter 13 work if you want to reorganize
your debts.
5. If I file a Bankruptcy,
will I lose all my property?
Most people don't lose anything unless they don't want to keep
it, the Law protects much of your personal possessions.
6. Can I file a Bankruptcy
if I have a co-signer on some of my debt?
Yes, you can file because there are ways to protect co-signers
should you file.
7. Does my spouse have to
file with me on my Bankruptcy?
Your spouse does not have to file with you. However, you may discover
that your spouse also owes many of the same debts you do and that
it would be beneficial for your spouse also to file with you.
8. If I decide to seek Bankruptcy
creditor relief, aren't all Attorneys alike?
Attorneys are definitely not all alike. The field of bankruptcy
is complex and believe it or not, there are not that many attorneys
who limit their practice to only bankruptcy. Hitchcock & Associates
have helped countless numbers of people through their credit problems
and offer a free consultation to educate you and help you to make
an informed decision as to the best way to handle your credit
problems.