Debtor's Frequently Asked Questions About Bankruptcy:
Asked by People and Businesses Who Owe More than
They Can Pay and Are Considering Filing Bankruptcy as a Solution to
their Financial Problems
By attorney Kathleen P. March, Esq., former US Bankruptcy Judge
[Copyrighted: Kathleen P. March © 2005, no part of this FAQ can
be reproduced without written permission of Kathleen P. March-Los
Angeles Bankruptcy Lawyer]
Question: I owe more than I can pay, what
can I do?
Answer: Filing bankruptcy may be the best choice for you, because
in bankruptcy, you can seek to discharge
(forever make unenforceable against you personally) credit card
debts, medical debts, many kinds of contract debts, and tort debts
for negligence. Phone or email The Bankruptcy Law Firm, PC, for
a free first consult, and ask our law firm whether bankruptcy is
right to deal with your financial problems.
Question: I can't make even my minimum monthly payments on my credit
cards, personal loans, and medical debts, and all these creditors,
and their bill collection companies, are phoning me all the time,
and writing me threatening letters, saying they are going to sue me,
unless I pay them, and I don't have money to pay them, what can I
do?
Answer: Filing bankruptcy
may be the best choice for you, to seek
to discharge (forever make unenforceable
against you personally) credit card debts, medical debts, many kinds
of contract debts, and tort debts for negligence. Phone or email
The Bankruptcy Law Firm, PC, for a free first consult, and ask our
law firm whether bankruptcy is right to deal with your financial
problems.
Question: I just got sued on debts I haven't been able to pay, and
I can't afford to defend the lawsuit(s), what can I do?
Answer: Filing bankruptcy may be the best choice for you. Phone
or email The Bankruptcy Law Firm, PC, for a free first consult,
and ask our law firm whether bankruptcy is right to deal with your
financial problems. Filing bankruptcy will give you the protection
of the bankruptcy automatic stay, which
stays (stops) law suits to collect pre-petition debts from proceeding
to judgment.
Question: I'm behind on my mortgage payments, and my house is about
to be foreclosed by my mortgage lender, what can I do?
Answer: Filing bankruptcy may be the best choice for you, and may
save your house from being sold at a foreclosure sale by your mortgage
lender. Phone or email The Bankruptcy Law Firm, PC immediately,
for a free first consult, because if the foreclosure sale is held
before you file bankruptcy, it will be too
late to save your house.
Question: I was unemployed for a while, and got behind on my car
payments, and the car lender is going to repossess my car before I
can get caught up on my car payments, what can I do?
Answer: Filing bankruptcy will give you the immediate protection
of the bankruptcy automatic stay, which will stay (stop) the car
lender from repossessing your car, so long as the bankruptcy automatic
stay is in effect; though creditors can move the Bankruptcy Judge
for relief from stay, under certain circumstances. Phone or e-mail
The Bankruptcy Law Firm, PC for a free first consult, so we can
tell you whether filing bankruptcy may be right for you.
Question: What is the biggest advantage of filing for bankruptcy?
Answer: By filing bankruptcy, you may be able to discharge
credit card debt, medical debts, many kinds of contract debts, personal
guarantees, and some kinds of tort debt (negligent torts, not intentional
torts).
Question: What does discharge of debt mean?
Answer: Discharge of debt means that the
person or business you owe the debt to can never
collect that debt from you personally. Where a debt is discharged
in bankruptcy, the creditor you owed that debt to is prohibited
(enjoined) by the bankruptcy discharge from thereafter phoning you,
writing you, suing you, or taking any other step to collect the
discharged debt from you.
Question: My car lender has a lien on my car, and my mortgage lender
has a lien on my house. If I get a bankruptcy discharge, does the
discharge get rid of liens?
Answer: No, the bankruptcy discharge only gets rid of your personal
liability for the debt, so the creditor can never take any step
to collect the debt from you personally, including that the creditor
is forbidden by Bankruptcy Law from phoning you, writing you, suing
you, or taking any other step to collect the discharged debt from
you. However, property does NOT get a discharge, so if the creditor
has a lien on your house, your car, or some other property, the
bankruptcy discharge will NOT get rid of that lien, and if you don't
pay your monthly payments on the item(s) the creditor has the lien
on, the creditor will eventually be able to proceed as allowed by non-bankruptcy law to foreclose on the item to get payment from the item on the unpaid debt, or to repossess and sell the item to get payment on the unpaid debt from that item.
Question: Since the bankruptcy discharge does NOT get rid of the
creditors' liens on items, how can I use my bankruptcy to get rid
of the creditors' liens on those items.
Answer: You will need a competent bankruptcy attorney, such as
The Bankruptcy Law Firm, PC, to advise you how Chapter 13 bankruptcy
can be used to "strip" (eliminate) liens on certain items,
such as cars, and real property other than your primary residence,
because this is a complicated issue. The creditor with a lien on
an item will eventually be able to foreclose on, repossess, or otherwise
take the collateral it has its lien on, even in bankruptcy, after
the automatic stay expires or is lifted by the court (on creditor's
motion for relief from stay), unless (in Chapter 7) you keep making
all your regular monthly payments owed on that item; and unless
(in Chapter 13) you confirm a Chapter 13 plan, and through your
Chapter 13 plan, pay the creditor plan payments totaling the fair
market value of the item at the time you filed your bankruptcy.
You may also be able to use redemption--11 USC §722--to redeem
the item for less than what you owe, or reaffirmation--11 USC §524(
c ). You will need a competent attorney to advise you to help you
make the right choice among your various options.
Question: When does the Bankruptcy Court issue the discharge to debtors,
in Chapter 7 bankruptcy cases?
Answer: The Bankruptcy Court issues the discharge to the Chapter
7 debtor approximately 75 days after the debtor's 341a examination
date, unless within 60 days after the debtor's first 341a meeting
date, a creditor, Trustee or US Trustee has filed an adversary proceeding
against the debtor, asking the Bankruptcy Court to deny the debtor
a discharge.
Question: What are the grounds for the Bankruptcy Court denying the
debtor a discharge in a Chapter 7 bankruptcy case?
Answer: The grounds for denying a discharge of listed in 11 USC
§727. The most common grounds for denying a Chapter 7 debtor
a discharge are (1) that the debtor lied in his/her Chapter 7 bankruptcy
petition, schedules or other pleadings filed in the bankruptcy case;
or (2) that the debtor lied in the debtor's 341a meeting, where
the debtor is examined under oath by the debtor's Chapter 7 Trustee
(creditors can also ask the debtor questions under oath at the 341a
meeting); or (3) that the debtor fraudulently transferred property
within 1 year before filing bankruptcy; or (4) the debtor fails
to supply information or documents that the Trustee requests the
debtor to supply, or fails to turn over non-exempt property that
the Trustee wants to sell to the Trustee, upon request of the Trustee;
or (5) the debtor has already received a Chapter 7 discharge within
the time period specified in Section 727, or (6) the debtor is a
corporation or partnership and so is absolutely ineligible to receive
any discharge in Chapter 7. Attorney March of the Bankruptcy Law
Firm, PC has a great amount of experience dealing with denial of
discharge issues.
Question: What are the grounds for a creditor asking the Court to
NOT allow a particular debt(s) to be discharged in a Chapter 7 bankruptcy
case?
Answer: Debts for fraud, conversion, embezzlement, breach of fiduciary
duty, wilful and malicious acts will be held "nondischargeable"
in Chapter 7 by the Bankruptcy Court if the creditor files a timely
"nondischargeablitiy" adversary proceeding (law suit)
against the debtor in the debtor's Chapter 7 bankruptcy case, asking
the Court to hold that particular debt owed to that creditor "nondischargeable"
and if the creditor sustains the creditor's
burden of proving that the debt in question is a debt due to debtor
having committed fraud, conversion, embezzlement, breach of fiduciary
duty, or other willful and malicious act; or proves that the debt
in question is a property division debt from a divorce.
Question: Are there some kinds of debts that cannot be discharged
in bankruptcy at all?
Answer: Yes some kinds of debts cannot be discharged in ANY chapter
(kind) of bankruptcy. The United States Congress, when it enacted
the present US Bankruptcy Laws (which are the Bankruptcy Code, 11
USC §101 et seq; the Federal Rules of Bankruptcy Procedure;
and case law interpreting what the Bankruptcy Code and Federal Rules
of Bankruptcy Procedure mean), made a policy decision that some
types of debts are so important to the creditor, that those particular
kinds of debts cannot be discharged in any
kind (chapter) of bankruptcy. The debts which cannot
be discharged in any kind of bankruptcy include alimony
and child support, debts for killing or injuring a person(s) while
driving drunk or drugged, certain kinds of tax debts (but there
are certain other kinds of tax debts that can be discharged in one
or another Chapter of bankruptcy). Attorney March of The Bankruptcy
Law Firm has very extensive experience dealing with what kinds of
debts a debtor can seek to discharge, and in what chapter of bankruptcy,
and what kinds of debts a debtor cannot seek to discharge in any
chapter of bankruptcy. Many attorneys that claim to be "bankruptcy
attorneys" do NOT have any experience, or sufficient experience,
with these difficult issues to be able to
advise debtors accurately on these issues.
Question: What about student loans, can student loans be discharged
in bankruptcy, or not?
Answer: "Dischargeability" of federally insured student
loans (almost all student loans are federally insured) is governed
by 11 USC §523(a)(8). Student loans can only be discharged
in bankruptcy if it would be undue hardship on the debtor to pay
those loans back over the rest of the debtor's life. This is a very
tough standard for a debtor to meet. However, debtors can hire The
Bankruptcy Law Firm, PC to negotiate with the Office of the US Attorney
to try to get the federal government (which is represented by the
Office of the US Attorney) on federally insured student loans) to
put the debtor into one of the various government reduced payment
plans, where the debtor's student loan payment will be reduced voluntarily
by the federal government from the payment stated in the loan documents,
to a lower monthly payment based on what is left of debtor's monthly
take home income, after debtor pays debtor's other necessary monthly
living expenses. The Bankruptcy Law Firm's experience is that reduced
payment plans are often the debtor's best solution to student loan
debt.
Question: When does the Bankruptcy court issue the discharge to
debtors, in Chapter 13 cases?
Answer: In Chapter 13, the debtor only receives a Chapter 13 discharge
if the debtor proposes a Chapter 13 plan, the Bankruptcy Judge confirms
(approves) that Chapter 13 plan, and the debtor fully performs the
Chapter 13 plan, by making all the payments (usually a minimum of
36 months of payments; and a maximum of 60 months of payments. The
Chapter 13 discharge, however, discharges kinds of debts-debts for
fraud, conversion, embezzlement, breach of fiduciary duty, willful
and malicious acts, and divorce property division debts-which are
NOT dischargeable in Chapter 7, if the creditor timely complains
that the debt should NOT be discharged, which the creditor will
almost always complain timely.
Question: What if a Chapter 13 debtor confirms a Chapter 13 plan,
but then can't complete making his/her Chapter 13 plan payments, because
he/she gets sick, laid off, etc.
Answer: A debtor who cannot complete making Chapter 13 plan payments
may be able to move the Court for some relief, but will need a competent
bankruptcy attorney to tell the debtor what options the debtor has
at that point, and to make the appropriate motion to the bankruptcy
court seeking relief. The Bankruptcy Law Firm, PC knows the various
kinds of Motions to bring in Bankruptcy Court to seek relief from
the Bankruptcy Court in this situation.
Question: How can I find a competent los angeles bankruptcy attorney, who will
do my bankruptcy case for a fair price?
Answer: You are right to be concerned about finding a competent
bankruptcy lawyer to represent you in your bankruptcy case, because
there are a lot of attorneys-and even NON attorneys-who claim they
can do your bankruptcy case, but who have little or no experience
in bankruptcy, and will NOT do your case correctly, causing you
all sorts of problems. The Bankruptcy Law Firm, PC offers competent
bankruptcy representation for individuals and small businesses,
at fair prices. Our prices are competitive with what attorneys with
much less experience and education in bankruptcy charge.
Question: Is there really that much difference between one bankruptcy
attorney and another?
Answer: There is a BIG difference between The Bankruptcy Law Firm,
PC, where you can have a former US Bankruptcy Judge-attorney Kathleen
P. March-work personally on your bankruptcy case, and other attorneys.
Unfortunately, attorneys can advertise as "bankruptcy attorneys"
when they have little or no training or experience in handling bankruptcy
cases. Every week, The Bankruptcy Law Firm, PC receives panicked
calls from debtors whose bankruptcy cases have been messed up by
incompetent "bankruptcy attorneys". These debtors are
calling to try to hire The Bankruptcy Law Firm, PC to take over
their los angeles bankruptcy cases to try to fix the errors that have been made
by their incompetent "bankruptcy attorneys". Sometimes
The Bankruptcy Law Firm, PC can fix the errors these other attorneys
have made. And sometimes the errors are so serious that even The
Bankruptcy Law Firm, PC can't fix them. It's a lot less expensive
to hire our firm to start with, than to hire us to fix errors made
by other attorneys.
Question: What are most common errors in filing bankruptcy?
Answer: In the 14 years I was a US Bankruptcy Judge, Los Angeles,
California, the most disastrous errors I saw were debtor's bankruptcy
cases being dismissed because the attorney or "petition preparer"
who prepared the debtor's bankruptcy petition and schedules made
errors filling out the bankruptcy petition and schedules because
the attorney or "petition preparer" did the exemptions
wrong, got incomplete information from the debtor, did not accurately
put on the petition and schedules what the debtor told them, did
not spend the time with the debtor to have the debtor carefully
review the petition, schedules and other required pleadings after
the attorney or "petition preparer" prepared them; so
the Bankruptcy Court dismissed the case for incomplete documents;
or it looked like the debtor was lying, so the debtor got in trouble
for making a "false oath" (not being truthful) in the
bankruptcy petition and schedules. Another extremely serious error,
quite common, is that the attorney or "petition preparer"
picked the wrong Chapter (kind) of bankruptcy for the particular
debtor, and/or did the exemptions wrong, with the result that the
Chapter 7 Trustee sold the debtor's house or other property. Another
very common problem is that the attorney or "petition preparer"
did not inform the debtor of possible things that could happen in
the bankruptcy, so the debtors did not understand bad things that
could and did happen in their bankruptcies, and would not have filed
bankruptcy, or would have chosen a different kind (chapter) of bankruptcy,
if the debtor had been properly informed by the attorney or "petition
preparer".
Question: What is a "petition preparer"?
Answer: A "petition preparer" is a person who is NOT
a lawyer, but who pretends to be qualified to fill out debtors'
bankruptcy petition documents. A very high percent of bankruptcy
cases filed by "petition preparers" have serious errors,
which result in the cases being dismissed, or the debtors being
denied discharges, or property being sold by Chapter 7 Trustees
due to errors in claiming exemptions. "Petition preparers"
charge almost as much as attorneys. They are NOT allowed to appear
to represent debtors at the "341a meeting" (meeting with
Trustee where Trustee examines the debtor under oath) or in Bankruptcy
Court hearings. Only an attorney can appear with a debtor at the
"341a meetings" or at Bankruptcy Court hearings. NEVER
use a petition preparer. "Petition preparers" are illegally
practicing law, without the education or training to do so competently.
Question: Are there additional benefits of filing bankruptcy, in
addition to discharge of certain kinds of
debts?
Answer: Yes, as soon as a bankruptcy is filed, the debtor in that
bankruptcy gets the protection of the bankruptcy automatic
stay, 11 USC §362.
Question: What does the bankruptcy automatic stay do for the debtor?
Answer: So long as the bankruptcy automatic stay is in effect,
the Bankruptcy automatic stay stops (prohibits) creditors from taking
most actions creditors would like to take to try to enforce/collect
debts the debtor owed the creditors before the debtor filed bankruptcy
(called "pre-petition" debts).
If the creditor is phoning and writing, the bankruptcy automatic
stay stops the creditor from continuing to do so.
If the creditor has filed a law suit against you, to collect a
pre-petition debt, the bankruptcy automatic stay stops the law suit
from proceeding any further, even if it's already during trial.
If the creditor has gotten a judgment against you for an unpaid
debt, and is garnishing your wages to collect the judgment, the
bankruptcy automatic stay stops the creditor from continuing to
garnish your wages.
Question: What is the purpose of the bankruptcy automatic stay, 11
USC §362?
Answer: The purpose of the bankruptcy automatic stay is to keep
your creditors from closing in on you, and taking everything, by
repossession, foreclosure or judgment execution, to give you some
"breathing room" while your bankruptcy case is going on.
The goal of a The Bankruptcy Law Firm, PC is to keep the bankruptcy
automatic stay in effect until you receive your bankruptcy discharge.
Once a debtor receives a bankruptcy discharge, the debtor no longer
needs the protection of the bankruptcy automatic stay, because once
a debt is discharged, the bankruptcy discharge, 11 USC §524,
prohibits (enjoins, stops) creditors forever
from trying to enforce discharged debts against the debtor personally.
Question: Who is the "debtor"?
Answer: "Debtor" is the Bankruptcy law word for the person
or business who files bankruptcy.
Question: Who are the "creditors" ?
Answer: "Creditor" is the Bankruptcy law word for the
people and businesses you, the debtor, owe money or property to.
Question: Is there more than one kind of bankruptcy?
Answer: Yes, there are 5 different kinds of bankruptcy, but 2
of the 5 kinds are very specialized. The three main kinds of bankruptcy
are Chapter 7 bankruptcy, Chapter 13 bankruptcy and Chapter 11 bankruptcy.
The other two kinds of bankruptcy are Chapter 12 bankruptcy, where
only family farmers can be the debtor, and Chapter 9 bankruptcy,
where only cities, counties or municipalities can be the debtor.
Chapter 7 bankruptcy, Chapter 13 bankruptcy and Chapter 11 bankruptcy
are each described below.
Question: What is Chapter 7 Bankruptcy?
Answer: Chapter 7 is the simplest, fastest and least expensive
for the debtor kind (Chapter) of bankruptcy, and is the only kind
(Chapter) of bankruptcy where debtors to NOT have to have the Bankruptcy
Judge confirm a plan of repayment (which debtors must do in Chapter
13 bankruptcy and in Chapter 11 bankruptcy), and then spend 3 or
more years making monthly Chapter 13 or 11 plan payments to repay
debts.
One of the most important things in a person's Chapter 7 case is
to have a competent attorney do your "claims of exemptions"
(Schedule C) because in Chapter 7 the Chapter 7 Trustee has a right
to sell any property which is not properly claimed exempt, to get
money to pay your creditors. Because she was a bankruptcy judge
for 14 years, attorney March of the Bankruptcy Law Firm is extremely
knowledgeable about what exemptions you can claim, and if you hire
the Bankruptcy Law Firm to do your Chapter 7 bankruptcy case, attorney
March will personally analyze your situation and do your claims
of exemption (Schedule C), to use the exemptions available to you
to the fullest extent the law allows. The property that you may
be allowed to exempt includes a homestead exemption on a home you
own and reside in, household furniture and furnishings, some jewelry,
clothing, a certain amount on an automobile or other vehicle, a
"wild card" exemption if you do not claim a homestead
exemption. There are also detailed rules regarding pensions, IRAs
and other retirement plans, which only a competent attorney will
handle correctly in your bankruptcy case. Corporations can file
Chapter 7 to wind up their affairs if they can't afford to keep
operating, but are NOT eligible to receive a discharge of debt in
Chapter 7.
Chapter 7 is called the "liquidation chapter", because
if you file Chapter 7 bankruptcy, the Chapter 7 Trustee will sell
("liquidate") all of your non-exempt real and personal
property, to try to get money to pay to the debtor's creditors.
However, the Chapter 7 Trustee does not always "liquidate"
(sell) the debtor's property. If you are an individual, or a married
couple, and Chapter 7 is appropriate for you, and if you hire The
Bankruptcy Law Firm, PC to do your Chapter 7 bankruptcy case, The
Bankruptcy Law Firm, PC may be able to claim all your property exempt,
so the Chapter 7 Trustee will not get to sell any of your property,
and you will still be eligible to seek a discharge.
If you are an individual with financial problems, or a married
couple with financial problems, or have a corporation, partnership,
or other business with financial problems, Chapter 7 bankruptcy
may be the best choice to deal with those financial problems. Individuals,
including married couples, who file Chapter 7 to seek to discharge
credit card debt, medical debt, unsecured loans, various other kinds
of contract debt, deficiencies owed on repossessed vehicles and
equipment, and some kinds of tort debt (negligence, not intentional
torts).
Question: What is Chapter 13 Bankruptcy?
Answer: Chapter 13 bankruptcy is a debt adjustment procedure for
INDIVIDUALS ONLY, INCLUDING JOINT CASES BY HUSBANDS AND WIVES.
If you are behind (in arrears) on your mortgage payments on your
home or other real property, you may be able to use Chapter 13 to
keep the property from being sold in foreclosure, and be able to
spread payments to pay off your mortgage arrearage over the whole
life of your Chapter 13 plan of repayment, which can be 3 years,
or even as long as 5 years.
If you are behind on your car payments, you may be able to use
Chapter 13 to pay off the default on your car loan over the life
of your Chapter 13 plan.
In addition, if you have debts for fraud, conversion, embezzlement,
breach of fiduciary duty (those kinds of debts can be held to be
"non dischargeable in Chapter 7 Bankruptcy) you can seek to
discharge those kinds of debts in Chapter 13, if the Bankruptcy
Judge confirms your proposed Chapter 13 plan of repayment, and you
fully perform that repayment plan, in which you must make your "best
efforts" to pay back a portion of those "problem"
debts.
To be eligible to file Chapter 13, you must be within certain specified
debt limits, and have sufficient regular income to make monthly
Chapter 13 plan payments for the life of your Chapter 13 plan.
In Chapter 13, you must propose, and get the Bankruptcy Judge to
approve (called "confirm") your Chapter 13 plan, and once
the plan is confirmed by the Judge, then you have to perform the
plan, by making all the payments specified in the plan for the life
of the plan, which is usually a minimum of 36 months (3 years) and
a maximum of 60 months (5 years).
In Chapter 13, you only get your discharge (forgiveness of debt),
if you confirm and perform your Chapter 13 plan, except under some
very limited circumstances, your attorney may be able to move for
and get the court to grant a so called "hardship discharge",
with is the same scope as a Chapter 7 discharge, if you try your
best to make all your plan payments, but something happens (illness,
unemployment) and you can't finish making your plan payments after
your plan is confirmed by the Bankruptcy Judge.
Chapter 13 is complicated, and very few lawyers and law firms do
a competent job handling Chapter 13 cases. During her 14 year term
as a bankruptcy judge, attorney March handled over a thousand Chapter
13 cases. Attorney March knows the issues in Chapter 13, and if
you hire The Bankruptcy Law Firm, PC to do your Chapter 13 case,
attorney March will put her experience to work for you.
Question: What is Chapter 11 Bankruptcy?
Answer: Chapter 11 bankruptcy cases are the big "reorganization"
cases you see in the newspaper or hear about on TV news (Sears,
K-Mart, United Airlines, Enron and a lot of other big companies
have had Chapter 11 bankruptcies).
Chapter 11 bankruptcy is prohibitively expensive for individuals
and small businesses, and the Bankruptcy Law Firm tries to avoid
using Chapter 11 bankruptcy for individuals and small businesses
with debt problems, as Chapter 11 is usually NOT cost-effective
for individuals or small businesses, and usually is NOT the best
choice for individuals and small businesses. The Bankruptcy Law
Firm does represent CREDITORS in all aspects of Chapter 11 bankruptcy
cases throughout California, as well as representing CREDITORS in
all aspects of Chapter 7 and Chapter 13 cases.
Question: What is "involuntary bankruptcy"?
Answer: Involuntary bankruptcy is a procedure provided for by bankruptcy
law where a certain number of creditors can get together and ask
the bankruptcy court to order that a person or entity, who/which
is not paying its bills as those bills come due, to be placed in
bankruptcy.
Question: Is involuntary bankruptcy rare?
Answer: Involuntary bankruptcy is very rare. About 99% of all bankruptcies
are voluntary bankruptcies, where the person or entity files a voluntary
bankruptcy petition.
Question: I'm married, and I want to file bankruptcy, but my spouse
(husband/wife) refuses to file bankruptcy. Can I file bankruptcy alone,
without my spouse filing bankruptcy along with me?
Answer: Yes, a husband can file bankruptcy alone, without the wife
filing bankruptcy, or a wife can file bankruptcy alone, without
the husband filing bankruptcy, or both spouses can file a single
bankruptcy case together, which is called a joint bankruptcy case.
The Bankruptcy Law Firm, PC does NOT charge extra for a joint bankruptcy
case, so you really do get "two for the price of one"
at The Bankruptcy Law Firm, PC.
Question: I filed a Chapter 7 bankruptcy case a few years ago, and
got a Chapter 7discharge; can I file Chapter 7 bankruptcy again, and
get a second Chapter 7 discharge?
Answer: To be eligible to seek a discharge in a second Chapter
7 bankruptcy case, the second Chapter 7 case must be filed more
than 6 years after the date the first bankruptcy case
was filed.
Question: My Chapter 7 case was filed less than 6 years ago, and
I have so many debts I can't wait until it has been more than 6 years
after my first Chapter 7 case was filed, to file bankruptcy again.
What can I do?
Answer: You can file Chapter 13 bankruptcy, and seek a Chapter
13 discharge in that Chapter 13 bankruptcy, even though it has been
fewer than 6 years from the date you filed Chapter 7. But you only
receive a discharge in Chapter 13 (the individual wage earner repayment
plan bankruptcy Chapter ) if you propose a Chapter 13 plan, the
Court confirms that Chapter 13 plan, and you fully perform that
Chapter 13 plan.
Question: How can I find out if filing bankruptcy is the right choice
for me?
Answer: Phone or email the Bankruptcy Law Firm, where attorney
Kathleen March, a former US Bankruptcy Judge can be your personal
bankruptcy lawyer, and The Bankruptcy Law Firm will give you a free
first consult, to tell you whether or not filing bankruptcy
is a valid choice for you, and what the Bankruptcy Law Firm will
charge you for your basic Chapter 7 or Chapter 13 bankruptcy legal
services at our Law Firm.
Question: Why is The Bankruptcy Law Firm, P.C. your smartest choice?
Answer: Bankruptcy is a complicated area of the law, and requires
the services of an experienced bankruptcy attorney to provide you
with the most in-depth representation, legal advice, and counseling.
Attorney Kathleen March
of The Bankruptcy Law Firm, PC has 14 years
experience as a U.S bankruptcy judge in Los Angeles. She works personally
on every bankruptcy done by The Bankruptcy Law Firm, PC, so you
can be confident that your bankruptcy will be handled competently,
at a fair price, when you hire The Bankruptcy Law Firm, PC.
Materials Prepared by:
Kathleen P. March, Esq.
Los Angeles Bankruptcy Lawyer
The Bankruptcy Law Firm, P.C.
10524 W. Pico Blvd, Suite 212
Los Angeles, CA 90064
Phone: 310-559-9224
E-mail: kmarch@BKYLAWFIRM.com
Website: www.BKYLAWFIRM.com
“Have a former bankruptcy judge
for your personal bankruptcy attorney”
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Phone Us at 1-310-559-9224; or from Los Angeles and Ventura Counties Only Phone Toll Free 1-866-BKY-ATTY
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