Chester County Bankruptcy Questions
As a Chester County bankruptcy lawyer, I have found that bankruptcy is an area of law that is very confusing, very personal, and very stressful. I am always happy to provide a free consultation to discuss any questions you may have and to review your case.
Can I keep my house in a Chester County bankruptcy?
In the majority of cases, you can keep your house if you file for bankruptcy. The equity in your house will have to be exempted by your Chester County bankruptcy lawyer and you will have to keep the payments current. You have a right to file bankruptcy and it is not a breach of the home loan agreement. Often, failing to make the payments according to the loan agreement is a breach. So, make the payments, and keep current if you want to keep your home. If you are behind on your payments and it makes sense to keep the house you might consider filing Chapter 13 bankruptcy.
When will I stop being harassed?
Once a bankruptcy is filed, you will immediately see a reduction in phone calls, lawsuits, bank freezes, and mailings. This is because creditors cannot attempt to collect a debt after a person has filed for bankruptcy. This peace of mind is one of the biggest reasons people file for bankruptcy.
Will I lose my retirement or 401(k)?
No. Again, another big benefit of filing a bankruptcy is that your retirement or 401(k) is exempt and will be protected.
Can I file a bankruptcy without my spouse?
Yes. Your spouse will be considered a “non-filing spouse” and they will not be impacted by the bankruptcy. If they have income, their income will have to be factored in to the means test.
I am separated from my spouse? How does this impact any Chester County bankruptcy filing?
You can elect to file as “separated” as long as you are separated from your spouse.
Should I sell my home or transfer property before filing a bankruptcy?
You should contact a Chester County bankruptcy lawyer first. If you sell or transfer the property, you may be eliminating bankruptcy as an option in the near future. The bankruptcy court considers many sales and transfers as fraud if they are completed in a certain amount of time prior to the filing of a bankruptcy petition.
Do I qualify for bankruptcy?
Most individuals qualify for either a Chapter 7 or a Chapter 13. But, this is not a question that can be answered until you schedule your free consultation.
Can I include medical debt in a bankruptcy?
Absolutely. Frequently, some of my clients file bankruptcy solely because they have an enormous medical debt.
I am behind on car and/or house payments. Can a bankruptcy help?
Absolutely. A Chapter 13 bankruptcy will put you in a position to catch up on your missed payments while also preventing the lender from repossessing or foreclosing.
More Issues & Questions
What’s the deal with consumer credit counseling?
All bankruptcies in Chester County must be filed with a credit counseling certificate. It is not that big a deal to do the credit counseling. All counseling can be done online or over the phone and most course cost less than $30.
Can I get credit after my bankruptcy?
Absolutely. After your discharge, you should expect to be solicited by a lot of credit card companies seeking to do business with you. Even though a bankruptcy stays on your credit report for 7-10 years, you can still rebuild your credit and, as time passes, the bankruptcy becomes much less of an issue.
Can I discharge child support or other family obligations through bankruptcy?
No — Child support, alimony and family support are all non-dischargeable in bankruptcy. But, many of my clients who owe child support or alimony use a Chapter 7 or Chapter 13 personal bankruptcy to get rid of other debt so they can focus on meeting their court-ordered obligations.
What is the filing fee for a Chester County bankruptcy?
Not including legal fees, the filing fee for a Chapter 7 is $306 and for a Chapter 13 is $281.
Can I discharge my student loans?
The options to discharge student loans in a Chester County bankruptcy have dwindled over the years. So, generally, you cannot discharge your student loans. There are some exceptions — to get the student loans discharged, you have to show that repayment of the loan will create a substantial hardship. This is typically shown by proving that your current condition is unlikely to improve in the future. People on disability, for example, who have used a disability lawyer, like a Bucks County disability lawyer, may be able to prove that their physical or mental conditions/disability prevent them from seeking employment again.