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I
am a co-signer for a debt, how does bankruptcy affect
my obligation?
If the debt is a dischargeable debt then you will not
have to pay it. However, the cosigner will become primarily
responsible for the debt. Be sure to list the co-signer
as a creditor in your schedules as they have a contingent
claim against you.
Can
I keep my credit cards after bankruptcy?
Under some circumstances you may keep your credit cards.
There are many factors that must be considered. Some of
those include the credit card balance at the time of the
bankruptcy, what the credit card company is willing to
do and your ability to pay the present and future credit
card debt.
Will
I lose my job?
No. Bankruptcy laws prohibit discrimination based upon
a debtor filing for protection under the bankruptcy laws.
Can
I go to jail if I file bankruptcy?
No. There are no debtor's prisons in the United States.
Will
my employer find out about my bankruptcy?
Under normal circumstances, unless your employer is a
creditor, your employer will not know.
Will
bankruptcy stop a wage attachment?
Yes.
Will
bankruptcy stop a judgment?
Yes. Most civil judgments are stopped by bankruptcy.
Will
a bankruptcy remove a lien?
Under some circumstances once the bankruptcy proceedings
have started, special motion can be filed to remove certain
liens. It will take a bankruptcy court order to remove
them. This is a complicated area of the bankruptcy law
and an attorney should be consulted.
Will
bankruptcy stop an eviction action?
Perhaps. However, this will only delay the inevitable.
The owner is entitled to possession of his property and
at best you will be able to remain in the property until
you have received your discharge from bankruptcy or the
landlord obtains an order from the bankruptcy court. I
must caution you that if the only reason you filed the
bankruptcy is to stop an eviction then this might be considered
an abuse of Chapter 7. If the bankruptcy court finds that
this is true then the court can immediately dismiss the
bankruptcy and impose other legal and monetary sanctions
on you.
Will
bankruptcy stop a foreclosure?
Yes. However, a home is an asset usually secured by a
deed of trust. The mortgage company is entitled apply
to the court for relief from the automatic stay, the order
preventing creditor action by virtue of the bankruptcy.
Depending upon several factors, you may be able to prolong
a foreclosure until you have received your discharge from
bankruptcy. Usually, to keep a home that is in foreclosure
you will have to make a deal with the note holder.
I
am divorced, will bankruptcy wipeout my obligation to
pay community debts?
In general, you will be discharged from all dischargeable
community debts. However, you should discuss this with
your family law attorney to understand the other implications
of the filing of a bankruptcy during the pending of a
dissolution action (divorce case). Also, remember that
if you are discharged from community debts, your spouse
is responsible for the entire balance owing on the debt.
Put another way, they shift the responsibility on to you.
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy.
Each state has its own bankruptcy laws, so please check
with your state for specific details. Information dealing
with Chapter 13 bankruptcy and consumer debt restructuring
is not discussed in the above. The information contained
here is provided for general information purposes only
and is not intended to be a legal opinion nor legal advice
nor is it intended to be a complete discussion of all
the issues related to the area of Chapter 7 consumer bankruptcy.
Every individual's factual situation is different and
you should seek independent legal advice regarding specific
information.
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