Bankruptcy Questions and Answers
I am a co-signer for a debt, how does bankruptcy affect my
obligation?
If the debt is a dischargeable debt then you will not have to pay it.
However, the cosigner will become primarily responsible for the debt. Be
sure to list the co-signer as a creditor in your schedules as they have
a contingent claim against you.
Can I keep my credit cards after bankruptcy?
Under some circumstances you may keep your credit cards. There are many
factors which must be considered. Some of those include the credit card
balance at the time of the bankruptcy, what the credit card company is
willing to do and your ability to pay the present and future credit card
debt.
Will I lose my job?
No. Bankruptcy laws prohibits discrimination based upon a debtor filing
for protection under the bankruptcy laws.
Can I go to jail if I file bankruptcy?
No. There are no debtor's prisons in the United States.
Will my employer find out about my bankruptcy?
Under normal circumstances, unless your employer is a creditor, your
employer will not know.
Will bankruptcy stop a wage attachment?
Yes.
Will bankruptcy stop a judgment?
Yes. Most civil judgments are stopped by bankruptcy.
Will a bankruptcy remove a lien?
Under some circumstances once the bankruptcy proceedings have started,
special motion can be filed to remove certain liens. It will take a
bankruptcy court order to remove them. This is a complicated area of the
bankruptcy law and an attorney should be consulted.
Will bankruptcy stop an eviction action?
Perhaps. However, this will only delay the inevitable. The owner is
entitled to possession of his property and at best you will be able to
remain in the property until you have received your discharge from
bankruptcy or the landlord obtains an order from the bankruptcy court. I
must caution you that if the only reason you filed the bankruptcy is to
stop an eviction then this might be considered an abuse of Chapter 7. If
the bankruptcy court finds that this is true then the court can
immediately dismiss the bankruptcy and impose other legal and monetary
sanctions on you.
Will bankruptcy stop a foreclosure?
Yes. However, a home is an asset usually secured by a deed of trust. The
mortgage company is entitled apply to the court for relief from the
automatic stay, the order preventing creditor action by virtue of the
bankruptcy. Depending upon several factors, you may be able to prolong a
foreclosure until you have received your discharge from bankruptcy.
Usually, to keep a home that is in foreclosure you will have to make a
deal with the noteholder.
I am divorced, will bankruptcy wipe-out my obligation to pay
community debts?
In general, you will be discharged from all dischargeable community
debts. However, you should discuss this with your family law attorney to
understand the other implications of the filing of a bankruptcy during
the pendency of a dissolution action (divorce case). Also, remember that
if you are discharged from community debts, your spouse is responsible
for the entire balance owing on the debt. Put another way, they shift
the responsibility on to you.
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each state
has its own bankruptcy laws, so you need to check with your state for
details. Information dealing with Chapter 13 bankruptcy and consumer
debt restructuring is not discussed in the above FAQs. The information
contained in the following FAQs is provided for general information
purposes only and is not intended to be a legal opinion nor legal advice
nor is it intended to be a complete discussion of all the issues related
to the area of Chapter 7 consumer bankruptcy. Every individual's factual
situation is different and you should seek independent legal advice
regarding specific information.
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