Generally, no. In a Chapter 7 or Chapter 13, if you are current on your payments, you may usually keep your home by continuing to make the payments. If you are behind on your payments, even in foreclosure, you may generally keep you home by filing a Chapter 13 and reorganizing your debt.

Am I Able to Stop an Auto Repossession if I File Bankruptcy?

Yes. Filing for Bankruptcy will stop the repossession and stop the sale of a vehicle that is already repossessed.

How Will Bankruptcy Affect my Credit?

Believe it or not, filing a bankruptcy will usually improve your credit. Although the initial bankruptcy filing will reduce your credit score, most people are able to raise their credit score within one year of their bankruptcy. At our firm, we pull each client's credit report from all three credit reporting agencies and their current credit score with their projected credit score twelve months after their bankruptcy. Usually, the projected credit score is 50 to 150 points higher than their current credit score. Most people are able to obtain financing for a vehicle or house within a reasonable amount of time after their bankruptcy.

I Filed Bankruptcy Before, When Can I File Again?

If you filed a Chapter 7, you must wait 4 years from that date you filed to file a Chapter 13.

If you filed a Chapter 7, you must wait 8 years from that date you filed to file a Chapter 7.

If you filed a Chapter 13, you must wait 2 years from that date you filed to file a Chapter 13.

If you filed a Chapter 13, you must wait 6 years from that date you filed to file a Chapter 7.

Exception-If your sole goal is to save your home, you are usually eligible to file a Chapter 13 anytime.

When will the Calls, Letters, and Garnishments Stop?

The calls will stop once you retain our office and tell the creditors to call us. We open your case for as little as a $100.00 retainer. Garnishments continue until you actually file for bankruptcy. All calls, letters, and garnishments must stop once you have filed for bankruptcy.

How Long Does It Take for Bankruptcy?

A Chapter 7 usually takes about 4-5 months from the date you file to complete it.

A Chapter 13 is designed to last between 36 and 60 months from the date you file it.

Are Taxes Discharged in Bankruptcy?

In general, no. Most taxes are still owed after the Chapter 7 bankruptcy or are paid during the Chapter 13 bankruptcy. However, it depends on various factors including when the tax first became due. Many taxes that are more than 3 years old, may be discharged in a Chapter 7. Example, if you owe the IRS for the 2005 tax year, the tax became due on or about April 15, 2006 and may be discharged in a Chapter 7 starting April 16, 2009. There are exceptions to that. It is important to consult our firm about discharging taxes.

Are Student Loans Discharged in Bankruptcy?

In general, no. In order to discharge student loans the debtor must show that keeping the debt causes and undue burden on them. This standard is very high and most do not qualify.

Will I Lose my Property if I File Bankruptcy?

Usually not. Most people want to know if they will lose their property. Most people are able to keep their home, car, household goods, and other property. For more information, see our section titled " What Property Can I Keep?"

How does a Chapter 7 Differ from a Chapter 13?

A Chapter 7 is usually referred to as "A Fresh Start" and a Chapter 13 is usually referred to as "A Debt Reorganization." In a Chapter 7, you usually do not lose any property and are not required to pay back any unsecured debt. In a Chapter 13, you usually do not lose any property but are required to pay back a portion of the unsecured debt. For more information, see our section titled "Chapter 7 and Chapter 13 Differences."

Does My Employer Have to Know?

In a Chapter 7, your employer usually will not know. In a Chapter 13, your employer will usually know because your Chapter 13 plan payment will come out of you check.

Will it Affect My Job?

No. Federal law prohibits any discrimination based upon you filing bankruptcy.

Can My Utilities be Shut Off?

No. The utility companies may not take action against you once you file bankruptcy even if you list the company as a creditor. The company is allowed to require a reasonable deposit to continue service.

Will My Name be Published in the Newspaper?

No. Filing bankruptcy is almost never published in a newspaper. It is published in the Daily Court Reporter showing cases filed and it is public record at the court for anyone to look at. In general, newspaper do not publish the names of people you file bankruptcy.

Do I have to Go To Court?

Yes, but usually only once and it is an informal proceeding. It is called the meeting of creditors; however, creditors almost never show. Once your name is called, it only takes about 5-10 minutes. We will be in court with you.

Secured Debt(House, Car, etc.), What Happens to It?

If you want to keep the property, you will usually be able to do so by continuing to pay on the debt. If you want to surrender the property, you are able to surrender the property and will wipe out the balance once your bankruptcy is discharged. In certain circumstances, are able to redeem a vehicle for the current value or pay only the value of it. Your attorney will explain your options to you.

My Bankruptcy is Over and a Creditor is Still Trying to Collect, What Do I Do?

The creditor is forbidden to attempt collections of a debt that was discharged in Bankruptcy. Always keep a copy of you bankruptcy papers and provide a copy to the creditor. If the creditor continues to try and collect, contact our office.

I am Behind on My Debts or Will Be Soon, What Should I Do?

Contact us immediately. You will need to have your free initial consultation and determine the best option for you before the harassment and garnishments start. Don't wait. Most people who wait end up stressed out and in worse financial shape.

Must All Debts be Paid In Full in a Chapter 13?

No. Most people only pay a small portion, usually pennies on the dollar, of their unsecured debt in a Chapter 13 and they do it with no interest or late fees from the date it is filed. Also, many creditors fail to file a claim and are not entitled to any payment.

What is a Secured v. Unsecured Creditor?

Secured creditors are for debts that have a piece of property held as collateral. The two best examples are a house and a vehicle. The creditor is entitled to the property if the debt is not paid. Unsecured creditors are for debts that do not have property held as collateral. Examples include credit cards, medical bills, and utility bills.

When are the Attorney Fees Paid in Chapter 7 and Chapter 13?

In a Chapter 7 the fees are paid prior to filing but may be paid through a payment plan that fits your needs. In a Chapter 13, a portion of the fees are paid prior to filing and the balance are paid as part of your monthly Chapter 13 plan payment. At our firm, we let you decide the amount of the attorney fee paid prior to filing the Chapter 13 and the balance is paid through the plan. You may retain us for as little as $100.00 of the attorney fee.

What Happens to a Co-Debtor?

Once you file for bankruptcy protection, your co-debtor receives the same protection as you. The creditor is not allowed to contact that person. If the co-debtor is paying on a car and wants to continue to pay for it and keep it, then the person should continue to make timely payments. Usually, filing for bankruptcy does not have any negative affects on a co-debtor. However, if you do not pay the debt, the debt is only discharged as to you and the company may still collect from the co-debtor once the bankruptcy is complete.

Does My Spouse Have to File Bankruptcy with Me?

No. Your spouse is not required to file with you but it is usually advantageous to file together if a significant amount of the debt is joint or if both have a significant amount of debt. The fees do not increase if you file together.

I Recently Moved to Ohio or Out of Ohio, am I Able to File Bankruptcy in Ohio?

The statute indicates that you must file where you lived the greater of the 180 days prior to filing. Therefore, you need to live in Ohio for at least 91 of the 180 days prior to filing.

What is a Motion for Relief From Stay?

A motion for relief from stay is usually the creditor asking permission to take back property or to continue with a pending action. If you agreed to surrender the property, usually, there is nothing for you to do when you receive the motion. If you have questions about it, please call.

I'm in a Chapter 13 and My Circumstances Changed, What Do I Do?

Contact your attorney immediately. It is important that the appropriate action be taken to modify the Chapter 13 payment, convert to a Chapter 7, or other appropriate action.

Why Choose Our Firm?

We are dedicated to helping you obtain a brighter financial future. We are with you each step of the process. We take you through from step A to step Z and answer all of your questions. Many of our clients met with other attorneys before seeing us and ultimately chose us. Most of our clients are grateful that we take the time with them and walk them through the process. Our clients know we are they for them. We will be there for you also. Additionally, all of our clients receive a free credit report from all 3 credit reporting agencies, a free current credit score, a free anticipated credit score, and a free initial consultation. Come to our firm for peace of mind, reduction in stress, and a path out of debt to a brighter financial future.