Bankruptcy FAQ
We have the answers.
- 1. What is bankruptcy?
- 2. What is a Chapter 7 Bankruptcy?
- 3. Who can file a Chapter 7 Bankruptcy petition?
- 4. Who can file a Chapter 7 Bankruptcy in California?
- 5. What is the Means Test?
- 6. What happens when I file a Chapter 7 Bankruptcy?
- 7. How long does the Chapter 7 Bankruptcy process take?
- 8. What is the difference between Chapter 7 and Chapter 13 Bankruptcy?
- 9. What is a Chapter 13 Bankruptcy?
- 10. Who can file a Chapter 13 Bankruptcy?
- 11. What is a Chapter 11 Bankruptcy?
- 12. What is a Subchapter V Bankruptcy?
- 13. What is a Small Business Reorgainization?
- 14. Who Qualifies as a Small Business Debtor?
- 15. Who can file bankruptcy?
- 16. Does my spouse have to file bankruptcy as well?
- 17. Can I file bankruptcy if I am in the middle of a divorce?
- 18. What should I do before I file bankruptcy?
- 19. What information and documents do I need for my initial appointment?
- 20. What is the general process in consumer bankruptcy cases?
- 21. Do I need to take any educational courses before I file bankruptcy or before my debts are discharged?
- 22. Do I need an attorney to file bankruptcy?
- 23. Will I have to fill out any forms?
- 24. What are the Bankruptcy Court filing fees?
- 25. Will I have to go to court?
- 26. What is a section 341(a) meeting of creditors?
- 27. What will happen at the meeting of creditors?
- 28. What will I need to bring to the meeting?
- 29. Can I still agree to pay certain debts?
- 30. What is the difference between secured and unsecured debt?
- 31. Do I have to list someone else’s debt that I co-signed for?
- 32. Do I have to list past due alimony or child support even though it will not be discharged?
- 33. Should I pay off debts I owe to relatives before I file bankruptcy so that I won’t have to include them in the bankruptcy petition?
- 34. Will bankruptcy eliminate all of my debts?
- 35. What does a bankruptcy discharge mean?
- 36. Can bankruptcy eliminate my community debt that still exists after my divorce?
- 37. Are payday loans dischargeable?
- 38. Is spousal or child support dischargeable?
- 39. Will bankruptcy eliminate my past due income tax obligation?
- 40. Are student loans dischargeable in bankruptcy?
- 41. How will bankruptcy affect a debt that I co-signed?
- 42. Can I file a bankruptcy for my debts, but not include my assets?
- 43. Can I choose which debts and assets to include in my bankruptcy petition?
- 44. Do I have to disclose all of my assets?
- 45. Can I transfer title of my car to a relative if I own it free and clear?
- 46. Do I have to list a bank account that is not mine that I am a signer on?
- 47. What happens to all of my property when I file bankruptcy?
- 48. What property is exempt?
- 49. What is an exemption?
- 50. Can I keep the money in my retirement accounts?
- 51. Is my home exempt?
- 52. Can I keep my home if I file Bankruptcy?
- 53. Can I keep my car?
- 54. Will I have to continue to make payments on my car?
- 55. Do I still need to make my house payments while I’m in bankruptcy?
- 56. Will filing bankruptcy save my home from foreclosure?
- 57. Will bankruptcy stop an eviction?
- 58. What is the “automatic stay?”
- 59. Will filing bankruptcy stop creditor from calling me?
- 60. How long will it take for creditors to stop calling me after I file bankruptcy?
- 61. Who notifies my creditors of the bankruptcy?
- 62. What if my creditors ignore the automatic stay?
- 63. Who deals with my creditors during the bankruptcy?
- 64. Will filing bankruptcy stop collection on a judgment?
- 65. Will filing bankruptcy stop a wage garnishment?
- 66. What happens after I file bankruptcy?
- 67. Will my employer find out that I filed bankruptcy?
- 68. Can I lose my job if I file bankruptcy?
- 69. Will filing bankruptcy affect my immigration status?
- 70. Will I lose my tax refund if I file bankruptcy?
- 71. Do I have to file income tax returns while I’m in bankruptcy?
- 72. Can I keep my credit cards after I file Bankruptcy?
- 73. Will the fact that I filed bankruptcy appear on my credit report?
- 74. Will filing bankruptcy ruin my credit?
- 75. Will filing bankruptcy hurt my spouse’s credit?
- 76. Can I obtain new credit after bankruptcy?
- 77. How can I re-establish my credit after filing bankruptcy?
- 78. How long does it take to rebuild credit after bankruptcy?
- 79. What is included in my credit report?
- 80. How can I get a copy of my credit report?
- 81. Will a bankruptcy remove a lien on my property?
- 82. What is a “lien strip”?
- 83. If I don’t file bankruptcy, am I personally liable for the balance owed on a second trust deed that is not paid off in a foreclosure or short sale?
- 84. If I don’t file bankruptcy, am I liable for any deficiency on the new loan that I obtained when I refinanced my home?
- 85. If I don’t file bankruptcy, am I personally liable for the balance of my home loan that was not paid off in a foreclosure or short sale?
- 86. If I don’t file bankruptcy, am I responsible to pay off any deficiency of my home loan when the lender forecloses?
- 87. If I don’t file bankruptcy, am I personally liable for any deficiency for a loan secured by commercial real estate?
- 88. If I don’t file bankruptcy, am I personally liable for any deficiency for a loan on my rental property?
- 89. If I don’t file bankruptcy, will I owe taxes on the difference between what I owe on my home and what it is sold for in foreclosure or a short sale?
- 90. What about non-attorney bankruptcy services?
- 91. Can I file bankruptcy simply to stall collection by a creditor?
- 92. What if I forget to list all of my creditors in the bankruptcy filing?
- 93. What can I do if there are mistakes in my credit report?
- 94. Are there alternatives to bankruptcy?
- 95. Can I file bankruptcy again if I already filed bankruptcy before?
- 96. Where can I find more information about bankruptcy?
Hallstrom, Klein & Ward LLP has dedicated legal professionals who can help you find a way out of your financial troubles.
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