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Bankruptcy FAQs

1. What is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

2. What Doesn't Bankruptcy Do?

3. What Different Types of Bankruptcy Should I Consider?

4. Chapter 7 (Straight Bankruptcy)?

5. Chapter 13 (Reorganization)?

6. What Does It Cost to File for Bankruptcy?
It now costs $200 to file for bankruptcy under chapter 7 and $185 to file for bankruptcy under chapter 13, whether for one person or a married couple. If you hire an attorney you
will also have to pay the attorney's fees you agree to.

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7. What Property Can I Keep?
In a chapter 7 case, you can keep all property which the law says is "exempt" from the claims of creditors.

8. What Will Happen to My Home and Car If I File Bankruptcy?

9. Can I Own Anything After Bankruptcy?
Yes! Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.

10. Will Bankruptcy Wipe Out All My Debts?

11. Will I Have to Go to Court?
In most bankruptcy cases, you only have to go to a proceeding called the "meeting of creditors" to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation.

Occasionally, if complications arise, or if you choose to dispute a
debt, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney.

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12. Will Bankruptcy Affect My Credit?
There is no clear answer to this question. Unfortunately, if you are
behind on your bills, your credit may already be bad. Bankruptcy will
probably not make things any worse.

The fact that you've filed a bankruptcy can appear on your credit
record for ten years. But since bankruptcy wipes out your old debts,
you are likely to be in a better position to pay your current bills, and
you may be able to get new credit.

13. Can I Be Discriminated Against For Filing Bankruptcy?
An employer or government agency cannot discriminate against you because you have filed for bankruptcy.


14. What About Co-signers?
If someone has co-signed a loan with you and you file for bankruptcy, the co-signer may have to pay your debt.

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