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Can I get credit after filing for bankruptcy? You are entitled to establish new credit after filing for bankruptcy. However, each case is different, and obtaining credit following bankruptcy will depend on your particular situation.
Do I have to give up everything? No, you are generally entitled to keep all your property. Both state and federal laws exists which outline the property that you may keep.
Does my spouse have to file with me? No. Although one advantage of filing together is the doubling of the amount of propery you may keep, there is no requirement that a husband and wife have to file together. If most debts are owned only by one spouse, it may be appropriate for that spouse to file alone.
Can I file for bankruptcy more than once? Yes, but there may be a limit on how soon you can file. Six years must expire from the date of straight bankruptcy before filing straight bankruptcy can be filed again. Following certain chapter 13 proceedings, there is no time limit for filing for straight bankruptcy. And there is no limit at all for the filing of a chapter 13 bankruptcy after any prior bankruptcy.
Can I keep my car? Yes, as long as you are current with your payments, you continue to make regular payments, and maintain insurance. In a chapter 13 you can even pay the back payments through the plan.
Do I have to go court? There is one brief meeting you must attend. In chapter 13 cases there may be a confirmation hearing, depending on where you live. Your attorney will call you before any hearing and will attend every hearing with you.
Will my employer find out? While the bankruptcy filing is a public record, the court does not notify your employer. In some instances in a chapter 13, there may be a direction to your employer to make the monthly plan payment to the trustee.
Will I lose my job? No, the law is clear. An employer may not discriminate against anyone who files bankruptcy.
Will my debts be discharged? Certain debts, including some taxes, alimony and support, student loans and fines are not discharged in a chapter 7. In a chapter 13 only, alimony, support and taxes due within three years and most student loans must be paid in full.
These are brief answers to frequently aked questions. You must discuss the specifics with your attorney. |