Any time a creditor obtains a judgment, it can become a lien on your home. Once it becomes a lien, the judgment is secured by the equity in your home. If the judgment impairs an exemption you are entitled to with respect to the equity in your home, a motion may be filed to avoid the lien to that extent. In Ch. 13 cases, under-secured liens can be crammed down and wholly unsecured liens may be stripped off completely, including second mortgages and secured lines of credit loans.

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In most cases it is a bad idea to convert unsecured into secured debt. Before making such a decision, consult with an experienced bankruptcy attorney thoroughly review your situation. Doing so will cost you far less than a bad decision!

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In most cases that is the worst thing you can do! Retirement funds enjoy a special exemption in bankruptcy, and early withdrawal will result in substantial tax penalties and interest. Do not use these funds to try to avoid having to file bankruptcy without first having an experienced bankruptcy attorney thoroughly review your situation.

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The Court charges a $299.00 filing fee which has to be paid when your petition is filed. There are several small charges such as the cost of the credit counseling and financial management courses one needs to complete, a Pacer search and so forth. Typically these add about $80 to the overall cost. After the bankruptcy laws changed, the amount of paperwork and responsibility of attorneys increased significantly and attorney’s fees increased to cover this. A good, caring attorney will do more than simply the minimum to get your case filed and through the process as quickly and cost-efficiently as possible. Most people who file for bankruptcy relief don’t really want to file and want to review all options. An attorney who tries to help a client get the best possible result and approach the future with a sensible outlook and plan needs to take the time to ask the right questions and explore issues to truly get a feel for how bet to advise someone. Most people have a number of concerns when considering bankruptcy and want to feel comfortable that they are making the right decision. In some instances, initially one may appear not to qualify for Chapter 7 relief, but after careful probing and creative thinking a solution that meets the client’s needs may be developed. You need to decide if your priority is to find the cheapest attorney in town or to find someone you feel confident will try to help you decide and do what is best for you. Logically, every case is different, and an attorney cannot fairly know what a fair fee for your case will be until the attorney has had an opportunity to evaluate all the relevant facts and issues. Bear in mind that the bankruptcy court monitors attorneys’ fees and will not approve an excessive fee. A number of people have used non-attorney petition preparers. The fraud and problems caused to debtors who were taken advantage of by many such petition preparers gave momentum to the changes in the bankruptcy law and have been the subject of prosecution. Non-attorney petition preparers are not allowed to give any legal advice nor do they have the knowledge or the experience to identify issues and figure out solutions. Need one say more?

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Yes. As soon as your case is filed, an automatic stay goes into effect and creditors are not allowed to contact you at all or continue with any legal proceedings they may have begun. They may not garnish your wages, repossess or your vehicle, or foreclose on your home. Secured creditors however have the right to be protected against further loss and may file a motion with the court seeking a lift of the automatic stay so that they can continue with legal action. A Ch. 7 bankruptcy filing is effective to stop creditor harassment but will not protect you against a creditor taking appropriate action to protect the creditor’s secured interest in your property, – although it may buy you some time.

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It is not unusual to be caught between a rock and a hard place. Chapter 7 is designed to wipe out unsecured debt that the debtor cannot afford to pay and facilitate a fresh start. The trustee is required to liquidate assets that have non-exempt equity and distribute the net proceeds to your creditors. Chapter 7 is not intended to provide relief or protection against secured debt that is in default. Chapter 13 is designed to provide you with such protection provided you have the ability to continue to make your payments as they become due and get caught up through your Plan. Simply put, if your payments are behind, you want to save your house or car, and you need time to get caught up, you need to file under Chapter 13.

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There is no law stating that you need to have a lawyer represent you in bankruptcy. Obviously, money is tight for people who are seeking bankruptcy relief and in some cases one may have no choice but to do everything oneself. However, the bankruptcy laws can be difficult to understand without experience in their application, and since the bankruptcy law changed, there are many key issues that even experienced lawyers and judges disagree about in how the law should be applied. Since you are looking to get an elephant off your back and make a fresh start, and since often one’s home and other assets may be at risk, it makes sense to make every effort to retain an experienced bankruptcy attorney to advise and represent you. The real question is: ‘Can you afford not to have an attorney in your corner?’

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Whether both spouses should file for bankruptcy relief depends on several factors, most importantly how much debt the other spouse has and one’s ability to pay off such debt if one does not file. Whether, when, who, and which chapter one should file under may include eligibility, pragmatic, and strategic planning considerations. These various considerations are typically discussed at one’s Rights & Options Consultation.

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As a general rule, the answer is no. If your spouse does not file the bankruptcy court has no jurisdiction over your spouse. However, for you to be eligible for bankruptcy relief, you are required to provide certain information, such as your household income. The trustee needs to be satisfied that you are not subsidizing your spouse’s lifestyle at the expense of your creditors and that your spouse is contributing his or her fair share to the household expenses. The various factors one looks at and how one might address issues can depend a lot on the circumstances and should be evaluated by an experienced bankruptcy attorney. As regards one’s credit rating, your filing has nothing to do with your spouse’s credit.

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The general rule is that one is eligible for another Chapter 7 discharge of one’s debt eight (8) years from the date the prior case was filed. If one obtained a discharge under Chapter 13, one may file another Chapter 13 case four (4) years after the date the prior case was filed. If you are not eligible for another bankruptcy discharge, that does not necessarily mean you cannot get any relief. One may file for relief under Chapter 13 any number of times regardless of a prior discharge, as long as the filing is not abusive and the Plan is proposed in good faith. Thus, if you are behind with your mortgage or car payments, or struggling to pay credit card and other debts and the creditors are demanding higher monthly payments than you can afford, while you may not be eligible for another ‘discharge’ of your debt, you may still get relief by being able to spread your payments out over three (3) to five (5) years, as long as your Plan is viable. Any of that debt that is not paid off through the Plan will not be wiped out (discharged) so you will still have to pay any balance after the bankruptcy period ends. However, at least you will have had up to five years of manageable payments without creditors harassing you on the phone, taking you to court and garnishing you pay or attaching your bank accounts.

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