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CHAPTER 7 | F.A.Q. | PROCEDURE | INFO NEEDED  
 

F.A.Q.

 

   

 QUESTION: HOW OFTEN CAN YOU FILE CHAPTER 7 BANKRUPTCY?

ANSWER: IF YOU HAVE FILED A PREVIOUS CHAPTER 7 BANKRUPTCY CASE- YOU MUST WAIT EIGHT (8) YEARS AFTER YOU RECEIVED YOUR DISCHARGE IN THE PRIOR FILING BEFORE YOU WILL BE ELIGIBLE TO FILE FOR A NEW CHAPTER 7 BANKRUPTCY PROCEEDING.

QUESTION: WHAT WILL A TYPICAL 'NO ASSET' CHAPTER 7 BANKRUPTCY COST ME UNDER THE NEW BANKRUPTCY ACT (IE. THE BANKRUPTCY REFORM ACT OF 2005)?

ANSWER: COURT COSTS (E.G. FILING FEES) ARE $ 299.00 (AS CHARGED BY THE BANKRUPTCY COURT CLERK'S OFFICE).  LAWYER FEES ARE AS LOW AS $ 900.00. INASMUCH AS EACH BANKRUPTCY IS UNIQUE (IE. SOME ARE MORE COMPLEX THAN OTHERS) CALL US FOR A FREE QUOTE ON FEES AND COSTS ASSOCIATED WITH YOUR PARTICULAR CASE.

QUESTION: WHEN ARE CREDITORS STOPPED IN A CHAPTER 7?

ANSWER: IMMEDIATELY. AS SOON AS WE ELECTRONICALLY FILE YOUR CASE - YOUR CREDITORS ARE AUTOMATICALLY PROHIBITED FROM ANY ACTS MEANT TO COLLECT UPON A DEBT.  PENDING LAWSUITS ARE STOPPED OR STAYED.

QUESTION: WHAT WILL BANKRUPTCY DO TO MY CREDIT?

ANSWER: A CHAPTER 7 BANKRUPTCY FILING WILL REFLECT ON YOUR CREDIT REPORT UP TO TEN (10) YEARS. ONCE YOUR DISCHARGE IS ENTERED (TYPICALLY IN 4-5 MONTHS), HIGH INTEREST LENDERS MAY OFFER YOU CREDIT.

WHAT HAPPENS TO STUDENT LOANS? STUDENT LOANS MAY BE DISCHARGED (IE. LIQUIDATED) ONLY IF YOU HAVE A SPECIAL HARDSHIP (TYPICALLY A PHYSICAL AND/OR MENTAL DISABILITY), WHICH MUST BE ESTABLISHED BY A SEPARATE LAWSUIT CALLED AN ADVERSARY SUIT.

CAN A CREDITOR DISCRIMINATE AGAINST YOU DUE TO A CHAPTER 7 FILING?

ANSWER: NO. FEDERAL LAW PROHIBITS A CREDITOR AND/OR LENDER FROM DISCRIMINATING AGAINST YOU DUE TO A BANKRUPTCY FILING.

[CHAPTER 7] [F.A.Q.] [PROCEDURE] [INFO NEEDED]

 
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