Frequently
Asked Questions
Should I file
Bankruptcy?
This is a
personal decision. What will help you decide whether you should
file bankruptcy is how much debt you have, versus the income you
have. Look at the amount of money you pay each month just to make
ends meet versus how much of a dent you are making into that debt that
you are trying to pay off. Are you having trouble paying all your
bills every month? Then it is probably a good idea to file.
What about my
credit rating?
While a bankruptcy will obviously affect your credit
as it will be on your credit report for about 10 years, you have to
look at the big picture. Is your credit rating doing all that
well now? If you cannot pay all your bills, your credit will
undoubtedly suffer whether or not you file bankruptcy. In any
event, while you may not have excellent credit immediately after filing
a bankruptcy, you will free up your income and will be able to build
your credit back up. It will not be easy to get financing, but it
is not impossible, but do not be surprised if the interest rates you
are offered are higher than you would expect. As long as you have
good spending habits (regardless of whether they were good or bad prior
to the bankruptcy) your credit will improve with time after your
bankruptcy.
How
can I keep my house if I file
bankruptcy?
In
a chapter 7, it depends on a variety of factors. First of all,
you can exempt up to $7500 on your home if you file as an individual,
or $15,000 if you file jointly with your spouse. Once you take
this into account, you must consider how much equity you have left in
the house. If you have a large mortgage and very little equity,
you will be able to keep your house in a bankruptcy, so long as you
continue to make timely payments on your mortgage. You will most
likely need to reaffirm your mortgage to make sure the terms remain the
same. However, you will want to seek the advice of your attorney
before signing any reaffirmation agreements. If you have too much
equity in your house, you should not file a chapter 7 if you want to
keep the house. You should file a chapter 13.
A chapter 13 allows you to keep your house, because
instead of liquidating your property that is not exempt from
bankruptcy, you pay into a plan that gets disbursed to all the
creditors that file claims with the bankruptcy. As a result, the
amount of equity in your house is irrelevant, so long as you pay your
mortgage payments and pay into your plan.
What if I want to
pay someone even
though I am going to receive a discharge?
You can always choose to pay someone despite
receiving a discharge. However, you are not obligated to do so,
and it is illegal for any creditors to pursue collection of a debt that
has been discharged in a bankruptcy. Also, keep in mind that you
have to report any payments in excess of $500 you made to creditors
within 90 days prior to your filing of bankruptcy, so if you decide to
pay a particular creditor prior to filing, you will need to report this
to the Trustee as it may be considered a preferential transfer and the
trustee might want it refunded to the bankruptcy estate.
What information
needs to be included
in my Bankrptcy Petition?
Make sure to keep a list or copies of all your
bills. You will need to list every creditor you money to,
including collecting agencies, and attorneys working on behalf of any
of your creditors. Also, you are involved in any court cases (any
type, including divorce, personal injury, worker's comp, wage
garnishment, traffic), you will need to list these. You also must
list all your property and the approximate values (if you know the
value). You must also may have to list any gifts
you've made (depending on the amount) and any property you have
transferred within the past 5 years (if you do not list it and the
trustee finds out, the trustee may be able to avoid the transfer due to
the possibility of fraud).