Questions & Answers about Bankruptcy
Chapter 7 Bankruptcy: What is it?
Chapter 7 is commonly referred to as a “ fresh start” or “clean slate”. It allows you to discharge or wipe-out certain unsecured debts, such as credit cards, medical bills, and some older tax obligations. There are some debts, such as student loans, child support, and recent tax obligations that are not dischargable.
Will Chapter 7 Bankruptcy help me keep assets?
Yes, most clients of Pratt & Maegli Law Firm keep all of their assets. Also, if a debt is secured with an asset, such as a home the debt may be “reaffirmed” and you may keep the asset. However, you will need to stay current with your payments. Alternatively, you may choose to surrender the asset. If you surrender it then you discharge, or wipe out, the debt that was owed on the asset.
Will bankruptcy stop the creditors from calling me?
Yes, immediately after we file your bankruptcy your creditors must not contact you. They may only contact us. Also, bankruptcy will stop wage garnishments, end most lawsuits, and halt repossessions and foreclosures.
May I keep my home, car, or other possessions by filing Bankruptcy?
Yes. Most of our clients keep all of their property in a Chapter 7 and Chapter 13 Bankruptcy. If your home is secured by a mortgage then you must begin paying regular monthly payments to maintain ownership. Past due balances will be part of the repayment plan in a Chapter 13 Bankruptcy. You will have 3 – 5 years to pay off these past due balances.
Can my home be saved from a foreclosure? What if the Foreclosure sale is tomorrow?
Yes. We can stop the foreclosure sale at any time before it has taken place.
Car repossessed recently? Will bankruptcy help me get my car back?
Yes. You have 10 days to file bankruptcy from the day your car was repossessed. We can retrieve your vehicleduring this time. However, You will be required to show proof of insurance before you retrieve the vehicle. Read more here.
Chapter 13 Bankruptcy: What is it?
Chapter 13 is for “wage earners”. It consolidates your past due balances into one payment that is made over a period of 3 – 5 years. During this time you continue to make all current payments, such as your mortgage payment . Your consolidated monthly payment is determined by your income and expenses, often only 10 cents on the dollar or 10% of the unsecured debt.
Will bankruptcy help my credit score?
Unfortunately, your credit has already been damaged. Completing a Chapter 7 or Chapter 13 bankruptcy is the first step to re-establish your credit rating. Your credit will be re-established sooner than you might think. Many people who file for bankruptcy are able to obtain home loans, car loans, and credit cards, after filing.
Who is not able to file for Bankruptcy under the new laws?
The new Bankruptcy Laws are designed to decrease the number of people who eligible to file for Chapter 7 Bankruptcy. Therefore, your ability to qualify for a Chapter 7 discharge is based upon a complex series of calculations that compares your debts to your income. However, as with any law, the new bankruptcy statutes are subject to interpretation. If one attorney has told you that you do not qualify it does not mean we will not take your case. Remember, your initial consultation is free!
Can I buy or sell things, like my home, while I am in Bankruptcy?
Yes, but the process involves obtaining court approval. We will help you with this process.
How is past due child support handled in Bankruptcy?
Past due child support is considered a “priority debt”. In a Chapter 13 bankruptcy past due child support must be included in the payment plan. It will be consolidated with the rest of your debts.
Will Bankruptcy help me with money that I owe the IRS?
Yes. As we all know, taxes are very complicated. We will examine your tax debt and help you understand what taxes may be discharged.
What is credit counseling and how do I get it done?
Enrolling and getting it done is easy. Credit counseling is a new requirement and prerequisite to filing for bankruptcy.
Will I have to go to court?
Most cases require only 1 or 2 appearances. We will be with you and representing you at both hearings.
What are bankruptcy mills?
A bankruptcy “mill” is a large firm that files a lot of cases. These mills are notorious for charging additional fees for every step. These types of firms a more like a factory. You become little more than a case number. Clients often do not receive the personal attention that they deserve. Cases are often handled primarily by non-attorneys. Pratt & Maegli Law Firm is NOT a bankruptcy mill. You will be treated with respect and dignity. Our standards for customer service very high and we demand that every member of our staff adhere to these standards.
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5411 E. State Street, Suite 202
Rockford, IL 61108
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5411 E. State Street, Suite 202, Rockford, IL
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The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Disclaimer: The Pratt & Maegli Law Firm, P.C. is a Debt Relief law firm as defined by 11 U.S.C. 528. We help people file for Bankruptcy Relief under the Bankruptcy Code. We do not guarantee any result and prior results do not guarantee a similar outcome. This is an attorney advertisement and this website is for informational purposes only.
5411 E. State Street, Suite 202, Rockford, IL 61108