Blog Bankruptcy Attorney

Will my garnishment stop when I file bankruptcy?

All wage garnishments except garnishments for current child or spousal support are stopped upon the filing of a chapter 7 or chapter 13 bankruptcy case. If the debt for which you are being garnished is discharged at the end of your case, then the garnishment will not resume. It is best to file your case [...] Comments (0)

Does bankruptcy discharge tax debts?

The rules regarding discharge of tax debts are somewhat complicated, but some older income tax debts can be eliminated in bankruptcy assuming the returns were filed on time and not filed fraudulently. This rule applies to debts for tax periods where the return was due and filed at least 3 years prior to the filing of [...] Comments (0)

Am I going to lose my belongings when I file bankruptcy?

Bankruptcy law provides “exemptions”, a set of laws protecting certain categories of assets up to a specific value. The purpose of our exemption laws is to allow you to obtain a fresh start while retaining the items necessary for day to day living. In most chapter 7 cases, you are able to protect common assets [...] Comments (0)

What will happen at the bankruptcy hearing?

When you file bankruptcy, you are required to attend a hearing where a bankruptcy Trustee places you under oath and reviews your case. The Trustee is an official appointed by the Federal government to administrate your case for the benefit of your creditors. The Trustee will ask you questions relating to your income, expenses, assets [...] Comments (0)

What will it cost to file bankruptcy?

Costs to file bankruptcy include attorney fees, court fees and credit counseling fees. Attorney fees vary depending on the type of bankruptcy being filed as well as the facts and circumstances of each case. To find out the approximate cost of filing your case, go to Locations to call the office nearest you. In most [...] Comments (0)

I need to file bankruptcy but I don’t want to lose my car. Is this possible?

Most Oregonians who file bankruptcy rely on their cars and trucks to go to work, get to the doctor, to drive children to school, and for many other purposes.  When you need to file bankruptcy, protecting a vehicle is an important issue to consider.  If you file a Chapter 7 bankruptcy case and the equity [...] Comments (0)

I can’t afford to pay my second mortgage. Is this something that bankruptcy can help me with?

You may be able to use a Chapter 13 bankruptcy case to eliminate your second mortgage, home equity line of credit, or judgment lien.  If your house is worth less at the time you file your Chapter 13 bankruptcy case than you owe against your first mortgage, you may be able to include a provision [...] Comments (0)

What is a reaffirmation agreement, and should I sign one?

Maybe, but you should seriously consider your other options, such as redeeming the vehicle, surrendering the vehicle, and finding out whether the lender will allow you to simply retain the vehicle and remain current on the payments without signing a reaffirmation agreement. A reaffirmation agreement is a new contract between a creditor and debtor in [...] Comments (0)

What Chapter of Bankruptcy Should I File?

There are many issues involved in deciding whether to file under chapter 7 or chapter 13. Most people file chapter 7 if they are eligible because a typical chapter 7 case lasts only a few months and eliminates most types of debt without requiring that those debts be repaid. To be eligible for chapter 7, [...] Comments (0)

What is Chapter 7?

Chapter 7 is often referred to as a “fresh start” bankruptcy because it stops creditors upon filing the case with the bankruptcy court and discharges or eliminates all but certain classes of debt. To be eligible for chapter 7, you must show that your living expenses reasonably consume all or most of your income, and [...] Comments (0)