No. The U.S. Bankruptcy Code requires all individuals filing bankruptcy to disclose every debt they owe, regardless of their intention to continue payments. Additionally, you must report all assets you own.

No, the court does not seek to confiscate your personal belongings. The treatment of your assets depends on which chapter you file under and the value of your property, with each case handled individually. In most bankruptcy filings, debtors retain all their personal property. Your attorney will inform you of available options if any situation-specific concerns arise.

Probably not. Following your bankruptcy filing, court interaction is minimal. You must attend a meeting of creditors where the assigned bankruptcy trustee conducts a brief session via Zoom to ask questions. Your creditors may attend and pose questions if they choose.

Not always. While we prefer you schedule an in-person consultation with Ms. Garnett, certain situations allow for a video conference for your initial appointment. You must visit the office to sign your bankruptcy paperwork.

Bankruptcy attorneys differ in their expertise and approach. You should consult with two or three attorneys to identify the right fit for your situation. Given the complexity of bankruptcy law, seek an attorney with substantial experience representing debtors in bankruptcy matters. Our attorney has provided representation to debtors in bankruptcy proceedings for more than 25 years.

You should bring your most recent pay stub, a list of your debts or a general understanding of what you owe, documentation regarding any lawsuits or garnishments, and any questions you wish to discuss during your initial consultation with a bankruptcy lawyer.

You may receive a discharge only once every eight years, which means Chapter 7 bankruptcy can be filed once every eight years. If you require bankruptcy relief again before that period ends, you may file a Chapter 13 bankruptcy rather than a Chapter 7. Your lawyer should discuss this matter with you in detail.

Yes, you may keep your home. When filing Chapter 7 or Chapter 13 bankruptcy while current on your mortgage payments, you can typically retain your house in most situations. If you are behind on payments but wish to keep your home, Chapter 13 bankruptcy enables you to maintain ownership, continue regular monthly payments, and gradually resolve past-due amounts. Your bankruptcy attorney will assess which chapter you qualify to file.

Yes, if you intend to keep your house or vehicle, you must continue making those payments. Chapter 13 bankruptcy permits some restructuring or modification of these obligations, while Chapter 7 does not offer these options.

In most situations, no. The exception applies if you plan to delay filing for several months. You should continue making payments on secured debts such as your mortgage or car payment.

Your spouse will only need to file with you if the debts are joint or if the spouse has enough separate debt.

No, you do not have to be behind in payments in order to file bankruptcy.

Your bankruptcy will likely remain on your credit report for ten years. However, some lenders will consider extending you credit much sooner if you are diligent about rebuilding your credit. Several months after your bankruptcy is completed, you may want to get a copy of your credit report. You want to make sure that the debts you discharged in your bankruptcy are listed correctly. Your bankruptcy attorney has no control over how debts are reported on a credit report. It is up to the creditor you owe to report that the debt was discharged in bankruptcy. If a debt is reported incorrectly, it is your responsibility to dispute it with the credit reporting agency.

If you are behind on your house payments and want to keep your house, schedule a free consultation with a bankruptcy attorney as soon as possible. If you have a Sheriff’s Sale scheduled and you want to keep your real estate, your bankruptcy has to be filed before the Sheriff’s Sale.

Yes. Our firm has no control over whether or not a bankruptcy will be reported in the newspaper. By law, the filing of a bankruptcy is considered public record.