Q: I'm several months past due on my house payment, and I've received notice that my mortgage company has started foreclosure proceedings. Is it too late to save my house?
A: No. Chapter 13 can allow you to stop the foreclosure process and permit you to propose a plan to pay the amount that you're past due back to the mortgage company over time.
Q: My paycheck is presently being garnished due to a collection lawsuit. Can bankruptcy stop this?
A: Absolutely. The "automatic stay" of proceedings afforded by the bankruptcy code can immediately stop a garnishment. In many cases, bankruptcy can force a judgment creditor to return garnished wages to you!
Q: Can I get rid of my student loans by filing bankruptcy?
A: No. Except in the rarest of circumstances.
Q: I'm considering filing a Chapter 7, but I have one particular loan that my mother co-signed on. What happens in this situation and can I protect her?
A: When there are two parties who are obligated on the same debt, generally the debt is discharged as to the party filing bankruptcy but not as to the party who didn't file. In order to protect mom from collection action, a reaffirmation agreement may be entered into with this particular creditor. Such an agreement re-establishes your obligation on this debt - and so long as you keep up your payments, no action will be taken against mom.
Q: Do I need an attorney to help me file for bankruptcy?
A: Technically no. However, technically you don't need a surgeon to perform an appendectomy either. Bankruptcy is a complicated area of the law. To say it is a good idea to hire a professional to assist you would be an understatement.
Q: My co-worker filed Chapter 7 and received a discharge of all of his debts. Can I do the same thing?
A: Every case is different. Each case depends on the financial circumstances of the individual or married couple. Call for a free consultation to determine exactly what your options are.
Q: My mortgage interest rate adjusted, so now I can't afford my house payment and I can't sell it due to the depressed real estate market. Is there a way that I can I walk away from my house?
A: Yes. By invoking your rights under the bankruptcy code you can elect to surrender your home without exposing yourself to personal liability on the note. Also, depending on your situation, you may be able to do a Deed In Lieu of Foreclosure - without even having to file bankruptcy.
Q: Do I need to go to Court if I file bankruptcy?
A: Yes. In a Chapter 7 proceeding you will need to appear once (in most situations). In a Chapter 13 you may be required to appear on two separate dates. Attorney Hensel will accompany you at all hearings.
