- Q. If I file bankruptcy, will I lose my car, home, or other property?
A. Generally, people who file bankruptcy do not lose any of their property. Occasionally, someone will have property worth more than the allowed exemptions, so we usually work out a payment plan with the trustee. If you have too much equity in property, Chapter 13 may be a better option.
- Q. Does my wife/husband have to file with me?
A. No one has to file bankruptcy. Sometimes it is best for both spouses to file if they are both responsible on the debts, but it is not mandatory.
- Q. How can I get my creditors to stop calling me?
A. Once you retain our office, you can refer all creditors to us. Generally, that stops them from calling you. However, filing the bankruptcy insures all creditors must stop all collection activity, including calls, lawsuits, and garnishments.
- Q. When will my wage garnishment stop?
A. A wage garnishment stops upon the filing of your bankruptcy.
- Q. Do I have to go to court?
A. Everyone that files a bankruptcy must attend a hearing. The hearings for cases filed in this area are just in a room, presently at the Red Lion Hotel. There, you meet with the trustee who asks you questions about your case making sure your petition and schedules are accurate. It takes about ten minutes. I will be there with you.
- Q. Who is the trustee?
A. The trustee is appointed by the court. He looks out for the interests of your unsecured creditors.