Frequently Asked Questions About Bankruptcy
Answered by Redding Bankruptcy Attorney Patricia Johnson
If you are unable to pay your bills and are considering bankruptcy, you likely have many questions about the process. Though bankruptcy is a complex procedure,
Redding bankruptcy attorney Patricia Johnson has helped many honest, everyday people through it. She provides trustworthy advice and can help you understand your options in a clear and straightforward way. The information below may answer some initial questions you may have.
10 Frequently Asked Questions About Bankruptcy
- What will I need to bring to a bankruptcy consultation?
- When can I begin to rebuild my credit?
- Can I choose which debts or assets I want to include in my bankruptcy?
- What items are exempt in a bankruptcy?
- Can I avoid foreclosure through bankruptcy?
- Will everyone find out I have filed?
- Can I file bankruptcy without a lawyer?
- Will my creditors stop calling me if I file for bankruptcy?
- Is it preferable to use a credit counselor or debt consolidation?
- Will my boss fire me if I file for bankruptcy?
- What will I need to bring to a bankruptcy consultation?
- When can I begin to rebuild my credit?
- Can I choose which debts or assets I want to include in my bankruptcy?
- What items are exempt in a bankruptcy?
- Can I avoid foreclosure through bankruptcy?
- Will everyone find out I have filed?
- Can I file bankruptcy without a lawyer?
- Will my creditors stop calling me if I file for bankruptcy?
- Is it preferable to use a credit counselor or debt consolidation?
- Will my boss fire me if I file for bankruptcy?
You only need to know who you owe and how much, plus the value of your home, vehicles and other items of value – whole life insurance policies, expensive jewelry, antiques, etc.
A list of other items you will need will be provided once you begin the actual bankruptcy process. Those will include six months of bank statements, six months of pay stubs, vehicle registrations, a credit report, bills, mortgage statement, security agreements, and some other items as the need arises.
You may obtain a secured loan or credit card immediately after filing for bankruptcy and begin rebuilding credit that way.
You must list all debts and all assets. You cannot “prefer” one creditor over another by not listing except in very limited circumstances. At the time you list the assets, we will apply the exemptions-protection-to allow you to keep them as the law allows. Above all, do not pay off a friend or relative to avoid listing them as that usually has dire consequences.
It varies. Most often, you can exempt your house, car, clothing and some other personal items. If there is no equity in your home, you can exempt about $27,000.00 worth of assets, plus your pension, some life insurance, some personal injury awards. If there is home equity then you are more limited in other items.
Possibly. Filing for bankruptcy does place an “automatic stay” on your home, but a creditor can still motion to remove that later. Patricia Johnson will do everything in her power to help you keep your home if that is your goal. Filing a Chapter 13 may allow you to catch up on your mortgage.
While bankruptcy filings are public records, nobody close to you has to know. The only times you hear about it on the news are when it involves high-profile individuals or large corporations. Very few individuals are going to go to the trouble to see if someone has filed.
Technically, yes. However, bankruptcy law is now more complicated, and a mistake can place you in negative circumstances or cost you money. An experienced attorney can ensure that you make the right decisions and get the best outcome possible.
Yes, creditors must immediately cease all collection activities, including continuing lawsuits or wage garnishments. Patricia Johnson will instruct you to tell them to call her if they call you after you have retained her office, even before you actually file.
No, it is not. Debt counseling usually costs more and causes you to rebuild credit more slowly. Also, many unscrupulous credit-counseling services take advantage of financially strained individuals.
It is illegal for an employer to discriminate against you for filing for bankruptcy according to No. U.S.C. Sec 525.
Redding bankruptcy lawyer Patricia Johnson knows bankruptcy laws thoroughly. She also gives each of her clients the most accurate information. She wants her clients to have the freedom from debt that puts them back in control of their lives. You can talk to her in a personal consultation to get the direction you need.
Contact our law firm to meet with her.