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Frequently Asked Questions
The New Bankruptcy Law
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| Q. |
Didn't everything change with the new law? |
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No, even with the changes, the truth is that much has stayed the same.
BANKRUPTCY STILL STOPS GARNISHMENTS, FORECLOSURE, TAX COLLECTIONS and HARASSING PHONE CALLS
These three things are absolutely true:
- Most of the people who would have filed a Chapter 7 case before CAN STILL FILE CHAPTER 7;
- Its more of a hassle for you and will cost a little more than before;
- If you think the new law stops you from filing, you are wrong.
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| Q. |
Is filing bankruptcy a good solution for you? |
| A. |
Without knowing the truth, how do you know?
Only you can decide if bankruptcy is the answer. Most people who come in have already been thinking about filing. They need the truth about the pros and cons of any choices they have, not just bankruptcy.
After a plain English explanation of how the law would help or hurt them, they have the information they need to decide. If it’s the right choice for you, we will help you through it. If its not, we will refer you to other resources in the community.
We are here to help -- not just sign up another client. The time spent in the first appointment is included in how we estimate your charges for the case. If you decide not to hire us, there is no charge for the first appointment.
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| Q. |
Foreclosure has started because my house payments are late. Can I save my home? |
| A. |
Yes, you can save your home by filing a Chapter 13 bankruptcy. Filing a Chapter 13 stops the foreclosure and lets you pay the late payments over at least 36 months. A Chapter 13 is more complicated than a Chapter 7, but to save your home, its worth it.
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| Q. |
I can not even answer my phone because of harassing calls and my wages have been garnished. Is it hopeless? |
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No, it is NOT HOPELESS. All of those things stop when a bankruptcy is filed. You begin to get your life back right away. In fact, retaining a lawyer can put a stop to calls from creditors even before you file. Relief and peace of mind are closer than you might think.
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| Q. |
I have always filed my income taxes, but have owed on them each year since 2000. Will I have to pay all those taxes? |
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No, not if you filed the taxes on time. Tax years that are over three years old can be discharged (your obligation would be eliminated) in a Chapter 7. Chapter 13 would let you pay more recent years on terms you can live with (not imposed by the IRS or ODR by garnishment).
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| Q. |
I know its really complicated now to file a bankruptcy. How can I make sense out of it all? |
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We offer a one hour consultation to review your situation. You need the information to make sense out of bankruptcy. There is no initial charge for that consultation unless you decide to hire us to go ahead with a bankruptcy or other debt relief option.
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| Q. |
How will I ever pay the legal costs to file a bankruptcy? |
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We can make arrangements so you can pay those costs in installments. Usually, people discover that once the pressure is lifted, it is much easier to handle the expense than they thought it would be. Do not let concern over how you will pay for it prevent you from getting the information you need - we can work it out.
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| Bankruptcy is a complicated area of law. If you are considering filing bankruptcy, please call for an appointment to find out where you stand. No fees are charged for the initial consultation unless you decide to file a bankruptcy and want us to represent you. Call us today at 503-768-3100. |