Frequently Asked Questions

Below you will find a list of frequently asked questions. If we do not address something, please click here to contact us.

Q. Do I automatically lose my car if I file bankruptcy?
A. No. In most cases you can keep your car, whether you owe money on it or not.

Q. Do I automatically lose my house if I file bankruptcy?
A. No. In most cases you can keep your house, whether you owe money on it or not.

Q. Does my spouse have to file if I do?
A. No. However, your non-filing spouse will still be liable for any joint debts.

Q. Will I ever be able to buy a house or car again if I file bankruptcy?
A. There is no federal or state law to prevent you from obtaining credit after filing bankruptcy. However, every lender has its own underwriting standards and most of them will consider bankruptcy on your credit report.

Q. How long will bankruptcy remain on my credit report?
A. Negative information can remain on a credit report for as long as ten years, but the three major credit bureaus customarily remove bankruptcy information from your report after seven years.

Q. Can I discharge student loans?
A. In most cases you can't. However, there are exceptions in limited circumstances.

Q. Can I discharge alimony or child support?
A. In most cases you can't. However, there are exceptions in very limited circumstances.

Q. Can I discharge taxes?
A. It depends. There are several factors, such as the age of the tax debt and the circumstances under which the IRS levied it that affect whether you can discharge it or not.

Q. Do I have to be a certain number of months behind in my bills before I can file bankruptcy?
A. No.

Q. Do I have to have a certain amount of debt to file bankruptcy?
A. No. Qualification to file bankruptcy has more to do with income and expenses than it does with your total debt. We have filed bankruptcy for clients with hundreds of thousands of dollars in unsecured debt and for clients with less than five thousand. Each client's situation is unique.












*Every client has a unique situation. These FAQ's and answers are general in nature. They are not legal advice, nor should they be construed as such. There is no substitute for obtaining legal counsel.