FAQs2024-11-13T19:58:40+00:00

FREQUENTLY ASKED BANKRUPTCY QUESTIONS

Will I lose my Dr. if I file bankruptcy on their fees?2019-06-09T02:53:47+00:00

Clients who choose to seek bankruptcy protection as the best means to eliminate debt have a fear losing their doctor if they file bankruptcy to discharge medical debt owed.

Doctor bills are unsecured debt. Unsecured debt may be wiped out in a Chapter 7 bankruptcy. When a bankruptcy is filed,  and money is owed to a doctor, this debt and creditor is required to be listed in your bankruptcy petition.  Filing bankruptcy on your doctor doesn’t necessarily mean that you have to change physicians. Basically, even if you intend on paying the medical debt, it is unavoidable that it be documented on the bankruptcy paperwork. 

It is possible that your doctor will drop you as a patient if you discharge the money you owe in a bankruptcy, as long as you’re not needing emergency care..  A federal law requires a person seeking emergency medial treatment at an emergency department be treated and stabilized. 

On the other hand, a doctor may understand your financial situation, offer payment options, and continue treating you. It does depend on what kind of relationship you have with your physician and if you are able to pay back money owed to the doctor after your debt is discharged in bankruptcy. 

What won’t bankruptcy do for me?2019-06-06T00:19:48+00:00

What Bankruptcy Cannot Do:

Bankruptcy is an option for many debt problems, but it is not the cure-all for every financial problem. Bankruptcy may not be the right choice for each client. We encourage you to take advantage of our firm’s free consultation with an experienced Arizona Bankruptcy Law attorney in order to discuss your specific case. A debt evaluation will give you answers and options and our bankruptcy team can help you determine if a bankruptcy is the right move toward your financial goals.

Bankruptcy can wipe out certain debt, but there are some debts that cannot be discharged in a bankruptcy:

  • Back child support, debt dedicated to family support, or alimony obligations
  • Debt caused by DUI or personal injury/death
  • Student loans, unless hardship can be proven
  • Criminal restitution or fines for violating the law
  • Income tax debts (within 3 years) and other tax debt
  • Certain debts of secured creditors
I received a notice that a creditor is suing me. Can I still file bankruptcy?2019-02-24T18:51:58+00:00
You can file for bankruptcy if a creditor is already suing you. The automatic stay of Chapter 7 bankruptcy stops almost all collection actions, including lawsuits.  When the bankruptcy petition is filed, any legal action brought against you must  cease.
Will filing for bankruptcy ruin my credit forever?2019-02-24T18:19:37+00:00

A bankruptcy will not ruin your credit forever. A bankruptcy will cause a drop initially in your credit score, but in many cases, this score can come back up fairly quickly. Taking the necessary steps after a bankruptcy discharge will ensure that your credit is repaired as quickly as possible. In fact, some cases have a higher credit score AFTER bankruptcy within one year. That is typically because pre-bankruptcy debt was already damaging the credit score. Every major credit bureau uses a different formula to determine a credit score, so it may vary.

 

When should I consider bankruptcy?2024-11-18T03:26:16+00:00

Consider bankruptcy when your debts become overwhelming and other solutions, like debt consolidation or negotiating with creditors, don’t work. If you’re struggling to make monthly payments, facing wage garnishments, constant creditor calls, or at risk of losing your home, bankruptcy may provide relief. It may also be a viable option if debt-related stress is affecting your well-being or your ability to manage day-to-day expenses. Before deciding, it’s crucial to consult with a bankruptcy attorney who can evaluate your financial situation and help you determine if filing for bankruptcy is the right path for you.

Chapter Bankruptcy Lawyers answering common bankruptcy questions

How Do I Decide Which Chapter To File?

To decide between Chapter 7 and Chapter 13, assess your financial situation and your goals. Chapter 7 works well if you have limited disposable income and want a faster resolution since it allows you to discharge most unsecured debts quickly. However, if you have significant assets like a home and want to protect them, Chapter 13 may be better, as it involves a repayment plan. Eligibility for each chapter depends on your income, assets, and debt type, so consult a bankruptcy attorney to choose the best option for your needs.

Will Bankruptcy Eliminate All My Debts?

Bankruptcy can wipe out many unsecured debts like credit card bills, personal loans, and medical debt. However, some debts, such as student loans, child support, alimony, certain taxes, and debts from fraud or criminal actions, remain intact after bankruptcy. If you file Chapter 13, you may need to repay part of these through your repayment plan. It’s essential to meet with a bankruptcy attorney to understand which debts can be discharged and which must still be addressed after the bankruptcy process.

Can I Keep My Home & Car If I File For Bankruptcy?

When filing for bankruptcy, you can keep your home and car, but it depends on your specific case and which chapter you file. If you choose Chapter 13, you’ll likely keep these assets as long as you stick to your repayment plan. With Chapter 7, you can still protect your home and car by using state exemptions, which allow you to keep certain assets up to a specific value. If your equity in these items exceeds the exemption limits, the court may require you to sell them to pay creditors.

How Long Does The Bankruptcy Process Take?

The time it takes to complete bankruptcy varies based on the chapter you file. If you go with Chapter 7, the process usually lasts about 3-6 months from start to finish. After filing, the court reviews your case, and your eligible debts are discharged. With Chapter 13, the process can take 3-5 years since it involves setting up and following a court-approved repayment plan. Once you complete your payments, any remaining eligible debts get discharged. The duration depends on your repayment plan and financial situation, so make sure to discuss the timeline with your lawyer.

Do I Need A Lawyer To File For Bankruptcy?

Although the law doesn’t require you to hire a lawyer for bankruptcy, doing so is highly recommended. An Arizona bankruptcy lawyer can guide you through the legal process, making sure you file all documents correctly, meet deadlines, and maximize the protection of your assets. They can also help you decide whether Chapter 7 or Chapter 13 is right for you and deal with your creditors on your behalf. Without a lawyer, you risk mistakes that could delay your case, lead to rejection, or jeopardize your assets.

CONTACT OUR ARIZONA BANKRUPTCY LAWYERS

•


    4500 S Lakeshore Drive Suite 300
    Tempe, AZ 85282

    3707 E Southern Ave
    UNIT 1108, Mesa, AZ 85206

    [email protected]
    Will filing for bankruptcy ruin my credit for good?2024-11-12T23:09:25+00:00

    According to bankruptcy law, your filing will remain on your credit report for ten years. However, you can start repairing your credit right away. In other words, filing for bankruptcy will have a significant impact on your credit, but it won’t ruin it for good. 

    While your credit score will drop initially and the bankruptcy will stay on your credit report for several years, it’s not a permanent mark.

    Making timely payments on your car, mortgage, rent, and other bills will help your credit score after you have been discharged from bankruptcy. Many people who have filed for bankruptcy can purchase a car or even a home within a year of filing!

    What Is The Immediate Impact On Credit When Filing For Bankruptcy?

    Filing for bankruptcy has a significant initial impact on your credit score. Bankruptcy is considered a major negative event by credit reporting agencies, and it can cause your credit score to drop dramatically, often by 100 to 200 points or more, depending on your starting score. This drop occurs because bankruptcy shows that you are unable to meet your financial obligations, which is a red flag for lenders.

    Bankruptcy lawyer reviewing financial documents and discussing debt relief

    However, many factors influence how big this impact is and how it’ll affect your credit report. The type of bankruptcy is usually the first thing that indicates how long it’ll stay on your credit report. Keep in mind that Chapter 7 bankruptcy remains for up to 10 years, while Chapter 13 can stay for 7 years.

    Will Bankruptcy Wipe Out All Of My Debts?

    Not every debt can be discharged in bankruptcy. In a Chapter 7 bankruptcy, most unsecured debts, such as credit cards, medical bills, and personal loans, can be discharged. However, certain obligations, such as child support, alimony, most student loans, and tax debts, are typically non-dischargeable. Similarly, you will still owe secured debts, such as mortgages or car loans, unless you surrender the assets that secure these loans. In Chapter 13, debts are restructured rather than eliminated, allowing you to pay them over time. While bankruptcy offers substantial relief, it’s important to understand which debts will still need to be managed after the process is complete.

    Will I Lose All My Assets If I File For Bankruptcy?

    Whether you lose assets in bankruptcy depends on the type you file. In Chapter 7 bankruptcy, some of your assets may be sold (liquidated) to pay off creditors. However, each state has “exemptions” that allow you to keep certain essential assets, like your home, car, personal belongings, or retirement accounts. Chapter 13 bankruptcy, on the other hand, allows you to keep your assets while setting up a repayment plan to pay off debts over time. Many people can keep most, if not all, of their property during bankruptcy, but it’s important to discuss specific exemptions with a bankruptcy attorney to understand how your assets may be affected.

    Can I File For Bankruptcy More Than Once?

    Yes, you can file for bankruptcy more than once, but there are restrictions on how often you can do so and receive a discharge. For example, if you previously filed for Chapter 7 bankruptcy and received a discharge, you must wait eight years from the filing date before filing for Chapter 7 again. If you filed for Chapter 13 bankruptcy and received a discharge, you must wait two years before filing another Chapter 13 case. If you’re switching between Chapter 7 and Chapter 13, the waiting periods differ. The timeframes are in place to prevent abuse of the bankruptcy system, but multiple filings are allowed under specific conditions. Consulting with an experienced Arizona bankruptcy lawyer can help clarify these rules.

    Can I Rebuild My Credit After Filing For Bankruptcy?

    Yes, you can rebuild your credit after filing for bankruptcy. To start the rebuilding process, create a budget and stick to it so you avoid falling into debt again. Secured credit cards are a great way to demonstrate responsible credit use; by making timely payments, you’ll slowly improve your credit score. Keeping balances low, avoiding new debt, and making all bill payments on time are crucial steps. Within a few years, with consistent effort, you can recover a healthy credit score, making it possible to qualify for loans, credit cards, and even home mortgages in the future.

    CONTACT OUR ARIZONA BANKRUPTCY LAWYERS

    •


      4500 S Lakeshore Drive Suite 300
      Tempe, AZ 85282

      3707 E Southern Ave
      UNIT 1108, Mesa, AZ 85206

      [email protected]

      CONTACT OUR ARIZONA BANKRUPTCY LAWYERS

      •


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