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When considering filing for bankruptcy there are a number of things to consider.  One common question is how bankruptcy will affect finding new employment or government employment or security clearances.  The answer depends on a number of circumstances.  Some employers may be interested in whether you have filed for bankruptcy as a measure of financial […]

Is a Debtor Required to Forfeit Property in a Bankruptcy? When someone is considering filing bankruptcy, there are a lot of questions and concerns they may have.  They may be worried about having to forfeit property and may think they will have to surrender their property, such as vehicles, houses, pension, household goods, etc. There […]

Should a Debtor Reaffirm a Vehicle When Filing a Chapter 7 Bankruptcy? A Chapter 7 bankruptcy makes a debtor no longer liable under their contracts.  That is why a debtor can surrender a house or vehicle through the bankruptcy with no penalty.  The deficiency will be discharged through the bankruptcy, and the debtor will no […]

Many people fear that they will never again have good credit if they have to file for bankruptcy. While having a bankruptcy in your past has a very negative impact on your credit score, the overall results of discharging your other debts may actually increase your credit score despite the bankruptcy and position you toward […]

You are required to list all of your creditors in your bankruptcy petition.  You will want to run a credit report, whether you do that yourself or have your attorney run the report for you.  Everything listed on your credit report should be listed on your petition if there is an amount owed.  However, your […]

Starting in September of each year, when clients come in asking about bankruptcy one of the questions we ask is whether the prospective client expects to receive a tax refund for the upcoming tax year. If the answer is yes, we ask how much. For a Chapter 7 for example, if someone comes in and […]

Tax refunds in a Chapter 13 are handle somewhat different than in a Chapter 7. We know, in a Chapter 7, as long as you received and spend your refund before filing, or are able to exempt your refund, then the trustee does not take it. In a Chapter 13 if you have already received […]

A married person can file bankruptcy without their spouse.  If a person files bankruptcy individually, it will not negatively affect their spouse or their spouse’s credit.  However, if there are joint debts, the filing spouse’s liability for the debt will be eliminated, but the non-filing spouse can still be held liable for the debt and […]

If you are considering filing for bankruptcy you probably have a number of questions about what creditors must be listed and what payments you can make in the months leading up to bankruptcy.  Clients may have a number of reasons for wanting to exclude creditors, including wanting to keep and ongoing business or personal relationship […]

Do I have to appear in front of a Judge for my bankruptcy? No. The Judge does oversee the bankruptcy process; however you are not required to appear in front of him. Depending on your specific case, your attorney may need to appear in front of the Judge for certain motions or objections that may […]