Bankruptcy Q&A
Do I qualify to file for free?
UPSOLVE is a free filing tool that helps people with very basic Chapter 7 bankruptcies prepare and file a petition themselves (pro se).
They can be found here: https://upsolve.org/
Bankruptcy Basics - What is Bankruptcy?
What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you may need.
The Types of Bankruptcy... Chapter 7, 11, & 13
There are three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.
Bankruptcy Limits - What can and cannot be done
Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information.
What do you need to file
How does someone file a bankruptcy case? In order to file for bankruptcy, an individual must take a credit counseling course to learn about alternatives to bankruptcy as well as accurately complete and file a number of documents.
The Section 341 Meeting of Creditors
Every debtor is required to appear at a creditors' meeting conducted by a trustee who asks the debtor questions about the debtor's financial condition and gives creditors the opportunity to do the same.
Bankruptcy Crimes
Any debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a bankruptcy crime. Working with your attorney to disclose and address all matters can help to protect you from claims of wrongdoing.
Court Hearings
In some cases, a debtor may be required to appear at hearings before a bankruptcy judge.
Getting Your Discharge
Debtors are usually able to discharge most or all of their debts. Once a debt is discharged, a creditor may not attempt to collect it from the debtor.
The Role of a Lawyer
When does someone need a lawyer for a bankruptcy case? Individuals have a right to represent themselves in court, but bankruptcy is a complex area that involves many considerations including whether to file, what chapter to file under, and what exemptions to claim. It is important to understand all of the protections of the bankruptcy code in order to make full use of them.
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