FREQUENTLY ASKED QUESTIONS
I filed bankruptcy before and received a discharge. Can I re-file a new bankruptcy?
My Chapter 13 case was dismissed. Can I re-file?
How much does it cost to file Bankruptcy?
Will the lawyer handle my case or will I meet with a paralegal?
Can I wipe out my mortgage?
Can I keep my house?
Must I go to Court?
What Debts are not discharged?
What debts might not be discharged?
What Property can I keep?
Should I transfer my car or house to my relative before I file Bankruptcy?
I have certain debts to friends, family, or a favorite credit card, and I don't want to wipe the debt out. Can I not put those debts into bankruptcy?
I want to learn more. What is the next step?
What do I need to bring to the initial consultation visit?
Can I bring someone with me to the initial consultation?
I filed bankruptcy before and received a discharge. Can I re-file a new bankruptcy?
Yes, you can always re-file a case. However, whether you may receive a discharge depends on what Chapter you previously filed and when you filed it. The rules are:
You can get a discharge in a new Chapter 7 case if you received a discharge in a prior Chapter 7 case more than 8 years ago.
You can get a discharge in a new Chapter 7 case if you received a discharge in a prior Chapter 13 case more than 6 years ago.
You can obtain a discharge in a new Chapter 13 case if you received a discharge in a prior Chapter 7 case that was filed more than 4 years before the date of the filing date of the new Chapter 13.
You can obtain a discharge in a new Chapter 13 case if you received a discharged in a prior Chapter 13 case that was filed more than two years before the date of the filing of the new Chapter 13.
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My Chapter 13 case was dismissed. Can I re-file?
Yes. However, if your prior case was dismissed within one year of the filing of the new case, the automatic stay expires in 30 days (there is no stay if you had two cases pending in the prior one year). However, we can bring a motion to seek a court order extending the automatic stay.
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How much does it cost to file Bankruptcy?
The initial consultation is free. At the first consultation, we will tell you exactly how much it costs to file your case. This amount depends on what Chapter is appropriate for you and the complexity of the case.
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Will the lawyer handle my case or will I meet with a paralegal?
In your free initial consultation, you will personally meet either Lars T. Fuller or Sam Taherian - both of whom are attorneys with extensive experience in bankruptcy. If you decide to proceed, the attorneys will personally represent and advise you , every step of the way.
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Can I wipe out my mortgage?
Maybe! Under certain circumstances, a second or third mortgage could be wiped out in bankruptcy. Contact our attorneys for further information.
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Can I keep my house?
The bankruptcy code allows you to keep certain property. It allows you to keep the equity in your home in the amount of $50,000.00 if single and $75,000.00 if married (possibly more if you are disabled or over 65). If you file a Chapter 7, you must be certain that the equity in your house is within these limits. If you file a Chapter 13, you may keep your home even if the equity is greater than these limits so long as you pay to unsecured creditors the non-exempt excess equity in your home.
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Must I go to Court?
You must go to a meeting before the Trustee (known as a ยง341 meeting of creditors). Either Lars T. Fuller or Sam Taherian will appear with you at this meeting. Generally, only Lars T. Fuller or Sam Taherian will make the appearances. On rare occasions, your presence will be required in Court. If this is the case, you will have ample notice and will be fully prepared.
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What Debts are not discharged:
Taxes less than 3 years old or where the returns were not filed at least 2 years ago
Child Support and Spousal Support
Restitution
Student Loans
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What debts might not be discharged?
Student Loans are generally not discharged unless you file a lawsuit for hardship discharge and prevail at trial;
If the creditor files a complaint to determine dischargeability and prevails at trial the following debts are not discharged: (debts from willful and malicious acts, debts from fraud, embezzlement, larceny or arising out of a breach of fiduciary duty, debts from divorce settlements (if discharging them would cause greater detriment to the non-filing spouse than the benefit to the debtor);
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What Property can I keep?
In a Chapter 11 or Chapter 13 petition, you might be able to keep most of your assets. In a chapter 7 petition, you can generally keep the following items:
Tools of trade to a certain value
Motor vehicles, to a certain value
Clothing, unless extravagant
Household goods and furnishings
Jewelry to a certain value
Pensions, unless extravagant
Personal injury awards
The value of your homestead exemption
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Should I transfer my car or house to my relative before I file Bankruptcy?
No; transfers to relatives are likely to constitute a fraudulent conveyance and can be set aside if transferred within one year if the transfer is to a family member or insider (90 days if transferred to a non-insider).
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I have certain debts to friends, family, or a favorite credit card, and I don't want to wipe the debt out. Can I not put those debts into bankruptcy?
When you file for bankruptcy, you must disclose all debts. It's very important that you inform your attorney of every single debt you have.
No; transfers to relatives are likely to constitute a fraudulent conveyance and can be set aside if transferred within one year if the transfer is to a family member or insider (90 days if transferred to a non-insider).What is the Median Family Income?
Median Family Income is determined by examining the median family income reported by the Bureau of the Census for your state and household size. If your Current Monthly Income (CMI) is less than the Median Family Income, you may file a Chapter 7. If your CMI is greater than the Median Family Income, you must conduct a Means Test to determine if you are eligible to file a Chapter 7. The Median Family Income adjusts with time. It is currently:
Household Size Amount
1 $47,363.00
2 $62,690.00
3 $68,070.00
4 $77,014.00
I want to learn more. What is the next step?
Contact our office and ask our staff for a free personal consultation with an attorney.
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What do I need to bring to the initial consultation visit?
You generally don't need to bring any documents to the initial visit. However, you should be familiar with your financial picture. For example, you need to know:
- the address and rough value of all real estate you own,
- the approximate balance of your real estate loans,
- the year, make, and model of all vehicles you own,
- the loan balance on all your vehicles,
- the approximate outstanding balance of your credit card debts,
- your approximate monthly income,
- the approximate balance in your bank accounts,
- the approximate value of your pensions, and
- the approximate cash surrender value of your life insurance policies.
Overall, the more informed you are about your financial situation, the more useful the initial consultation will be.
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Can I bring someone with me to the initial consultation?
You certainly have the option of having a trusted friend or family member be present during the initial consultation. Furthermore, if you are married, we encourage both spouses to be present during the consultation, even if one spouse is not interested in filing for bankruptcy.
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Contact us now to schedule a free comprehensive consultation to determine the ideal solution for you.
