|Nearly 80% of Credit Reports contain errors!
Plus: ALL CREDIT REPORTS need to be cleaned
up after Bankruptcy
When do collector calls stop?
Once you retain the Law Office of William Windham, the law
requires creditors deal with us and leave you alone. We are
allowed to speak on behalf
Will I lose any assets or property?
In Chapter 7 ... Bankruptcy exempts most assets allowing
over 90% of our clients to keep everything and lose nothing
but their unwanted debts!
In Chapter 13 - Since debts are being consolidated into a
single payment plan, you keep all assets you choose as debts
are paid "as if in full". (Some restrictions can apply)
How often can I file Chapter 7 or 13?
Chapter 7 - Bankruptcy allows 1 discharge every 8 years.
Chapter 13 - Debt Consolidation lets you file as often as
needed, if filed in good faith and 70% of unsecured debts were
paid in a previously discharged Chapter 13.
Must my spouse file with me?
No, but because California is a community property state, your
debts are usually your spouses debts. Creditors may pursue
your spouse (or ex-spouse) for the entire community debt.
What happens to my credit?
If you're thinking about filing bankruptcy, your credit is most
likely already in pretty bad shape. So you have to ask yourself
the following question ... If I don't file bankruptcy, or do
anything else ... will things be better, worse or the same in a
Filing bankruptcy eliminates all dischargable debts very quickly
and allows you to rebuild your credit fairly rapidly.
So if you do nothing, your credit may never get better.
Bankruptcy can give you a FRESH START ... Debt Free.
You decide which would be better for you.
Can I refinance or sell my home? When can I purchase a
While you are in bankruptcy, you would need permission to do
so. After your case is Discharged ... you're free to do anything
You can usually qualify to purchase a home within 2 yrs of
your discharge! So there is life after debt!
Can bankruptcy stop my home foreclosure?
Yes but depending on your goals, you will get a different result
depending on which type of case is filed.
Since your home is a secured debt, Chapter 7 Bankruptcy can
only temporarily stop foreclosure until your case is discharged
or your creditor lifts the "automatic stay".
Chapter 13 - Debt Consolidation Bankruptcy completely stops
foreclosure if back payments are kept current in the payment
plan and regular payments are kept current after filing.
Does Bankruptcy eliminate all debts?
No. Chapter 7 Bankruptcy will eliminate most all unsecured
debts, but some debts like child support, student loans to
name a few, can survive bankruptcy. It's best to let us take a
look at your situation to give you a better idea what to expect.
Debts are handled in a different way when we file under
chapter 13 bankruptcy. It allows you pay back all or a portion
of your debt depending on your circumstances.
Give us a call and ask for a FREE Consultation to give you
better answers to your situation!
Do I have to list all my creditors?
The court says you can't pick and choose who to list in your
bankruptcy. All credit cards, medical bills, car & house loans
must be listed.
However, Chapter 7 Bankruptcy allows you to pay a desired
creditor, like a house or car loan by reaffirming the debt.
Chapter 13 - Debt Consolidation has restrictions on who you
pay, how much, and when.
Can you remove a lien?
If the lien was not incurred to purchase the asset, was not
consensual, and impairs an exemption, it may be removed by
lien avoidance techniques.
Why try to payback creditors in Chapter 13, why not just
file Chapter 7?
If mandated by the "Means Test" or if there is enough
disposable money left over after monthly living expenses the
court may require full or partial payment to your creditors in
Can my co-signor be protected?
All consumer co-signors are protected under Chapter 13
bankruptcy, but not under Chapter 7.
Will my employer be notified?
No, unless you owe your employer money or stop making
timely Chapter 13 payments.
Will my bank account be affected?
If your bank or credit union is an unsecured creditor, close
your account and move to a bank where you owe nothing.
Otherwise, at time of filing, your bank could offset or freeze
Does Chapter 7 or 13 stop lawsuits and judgments?
Yes, immediately when we file your case.
Can I get out of a contract?
Both Chapter 7 and Chapter 13 bankruptcy may cancel
unwanted contracts if you discontinue the service and/or
return the merchandise.
Can you stop wage garnishment?
Yes. We make most creditors stop garnishing wages when
your case is filed. This doesn't apply to current child support
Can you stop auto repossession?
Yes, immediately upon filing.
Can I use credit while in Chapter 7 or 13?
No, not until you receive a discharge. In Chapter 13 Debt
Consolidation you must get court permission to incur debt
over $250, except in emergencies.
Will I have to go to court?
Generally only one trustee hearing appearance is required 30
to 45 days after filing. This is normally a short hearing. Your
creditors may be present to ask questions. Our attorney will
be present to represent you.
How long will I be in Chapter 7 or 13?
Chapter 7 - Bankruptcy takes about 5 months, although your
dischargeable debts are gone the day we file your case.
Chapter 13 - Debt Consolidation takes 3 to 5 years to repay
debts unless you decide to pay faster.