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The Bankruptcy Law Firm, Prof. Corp. - Owned and operated by Attorney Kathleen P. March - Former U.S. Bankruptcy Judge, Los Angeles, California

Home Debtor's Frequently Asked Questions

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

I owe more than I can pay, what can I do?

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?

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?

I'm behind on my mortgage payments, and my house is about to be foreclosed by my mortgage lender, what can I do?

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?

What is the biggest advantage of filing for bankruptcy?

What does discharge of debt mean?

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?

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.

When does the Bankruptcy Court issue the discharge to debtors, in Chapter 7 bankruptcy cases?

What are the grounds for the Bankruptcy Court denying the debtor a discharge in a Chapter 7 bankruptcy case?

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?

Are there some kinds of debts that cannot be discharged in bankruptcy at all?

What about student loans, can student loans be discharged in bankruptcy, or not?

When does the Bankruptcy court issue the discharge to debtors, in Chapter 13 cases?

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.?

How can I find a competent Los Angeles bankruptcy attorney, who will do my bankruptcy case for a fair price?

Is there really that much difference between one bankruptcy attorney and another?

What are most common errors in filing bankruptcy?

What is a "petition preparer"?

Are there additional benefits of filing bankruptcy, in addition to discharge of certain kinds of debts?

What does the bankruptcy automatic stay do for the debtor?

What is the purpose of the bankruptcy automatic stay, 11 USC §362?

Who is the "debtor"?

Who are the "creditors"?

Is there more than one kind of bankruptcy?

What is Chapter 7 Bankruptcy?

What is Chapter 13 Bankruptcy?

What is Chapter 11 Bankruptcy?

What is "involuntary bankruptcy"?

Is involuntary bankruptcy rare?

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?

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?

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?

How can I find out if filing bankruptcy is the right choice for me?

Why is The Bankruptcy Law Firm, P.C. your smartest choice?


Q: I owe more than I can pay, what can I do?

A: 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.

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Q: 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?

A: 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.

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Q: 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?

A: 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.

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Q: I'm behind on my mortgage payments, and my house is about to be foreclosed by my mortgage lender, what can I do?

A: 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.

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Q: 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?

A: 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.

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Q: What is the biggest advantage of filing for bankruptcy?

A: 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).

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Q: What does discharge of debt mean?

A: 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.

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Q: 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?

A: 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.

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Q: 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.

A: 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.

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Q: When does the Bankruptcy Court issue the discharge to debtors, in Chapter 7 bankruptcy cases?

A: 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.

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Q: What are the grounds for the Bankruptcy Court denying the debtor a discharge in a Chapter 7 bankruptcy case?

A: 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.

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Q: 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?

A: 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 "nondischargeability" 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.

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Q: Are there some kinds of debts that cannot be discharged in bankruptcy at all?

A: 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.

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Q: What about student loans, can student loans be discharged in bankruptcy, or not?

A: "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.

Q: When does the Bankruptcy court issue the discharge to debtors, in Chapter 13 cases?

A: 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.

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Q: 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.?

A: 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.

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Q: How can I find a competent Los Angeles bankruptcy attorney, who will do my bankruptcy case for a fair price?

A: You are right to be concerned about finding a competent Los Angeles 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.

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Q: Is there really that much difference between one bankruptcy attorney and another?

A: 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.

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Q: What are most common errors in filing bankruptcy?

A: 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".

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Q: What is a "petition preparer"?

A: 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.

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Q: Are there additional benefits of filing bankruptcy, in addition to discharge of certain kinds of debts?

A: Yes, as soon as a bankruptcy is filed, the debtor in that bankruptcy gets the protection of the bankruptcy automatic stay, 11 USC §362.

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Q: What does the bankruptcy automatic stay do for the debtor?

A: 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.

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Q: What is the purpose of the bankruptcy automatic stay, 11 USC §362?

A: 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.

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Q: Who is the "debtor"?

A: "Debtor" is the Bankruptcy law word for the person or business who files bankruptcy.

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Q: Who are the "creditors"?

A: "Creditor" is the Bankruptcy law word for the people and businesses you, the debtor, owe money or property to.

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Q: Is there more than one kind of bankruptcy?

A: 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.

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Q: What is Chapter 7 Bankruptcy?

A: 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).

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Q: What is Chapter 13 Bankruptcy?

A: 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.

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Q: What is Chapter 11 Bankruptcy?

A: 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.

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Q: What is "involuntary bankruptcy"?

A: 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.

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Q: Is involuntary bankruptcy rare?

A: Involuntary bankruptcy is very rare. About 99% of all bankruptcies are voluntary bankruptcies, where the person or entity files a voluntary bankruptcy petition.

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Q: 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?

A: 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.

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Q: 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?

A: 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.

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Q: 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?

A: 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.

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Q: How can I find out if filing bankruptcy is the right choice for me?

A: 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.

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Q: Why is The Bankruptcy Law Firm, P.C. your smartest choice?

A: 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.

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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]

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Phone: (310) 559-9224
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Los Angeles Bankruptcy Attorney Disclaimer: The information on los angeles bankruptcy law, filing bankruptcy, and other Los Angeles Bankruptcy information presented at this site does not constitute legal advice and does not create any attorney-client relationship or contract of any kind with the Bankruptcy Law Firm, PC or bankruptcy lawyer Kathleen P. March, Esq. The Bankruptcy Law Firm, PC uses a written contract for each client and will only be representing you if you and the law firm sign a written legal representation contract and you pay law firm for the bankruptcy legal services it performs for you. Information on this law firm web site is provided for informational and educational purposes only. Information herein is not offered as, and does not constitute, legal advice. You should never make legal hiring decisions solely upon web pages, brochures, advertising or other promotional materials. Please contact a Los Angeles bankruptcy lawyer at our bankruptcy los angeles law firm for your free first consult to find out whether our law firm can represent you.

This web site might be characterized as an advertisement under California's State Bar Rules and is not intended to solicit clients for matters outside of the State of California. Always seek the advice of an attorney from your own jurisdiction before relying on information from this site or any web site.

This Bankruptcy Law Firm is a federally designated DEBT RELIEF AGENCY as defined in the 2005 amendments to the US Bankruptcy Code. This law firm provides legal advice regarding the pros and cons of filing bankruptcy and represents people and small businesses in filing for bankruptcy relief under the US Bankruptcy Code. Debt Relief Agency Notice.

Kathleen P. March - Los Angeles Bankruptcy Lawyer and Former Los Angeles Bankruptcy Judge - claims the copyright (2002-2017) to the content of all pages on www.bkylawfirm.com. All rights reserved.