Questions we will discuss with you:
Will I lose my house or car?
You will be asked to disclose all of your assets as well as their fair market value. State and federal law provide exemptions that will allow you to keep most of your assets up to a specific value. The Trustee appointed to your case may have the right to take possession of and sell the remaining property that is not exempt or otherwise pledged and use the sale proceeds to pay your creditors.
Can my creditors object to my bankruptcy?
Yes, you will be asked to disclose all of your creditors at the time of your bankruptcy. Once you file the bankruptcy the Court will provide notice to all of those creditors, who then will have time to object to you discharging those debts. If a creditor can prove that you obtained credit through fraud, breach of fiduciary duty, or theft the bankruptcy Court may rule that the particular debt is non-dischargeable.
Can I discharge my student loan debt?
Generally no. This is a hot topic right now and the laws may be changing. But currently there are very few ways to discharge your student loan debt. Our attorneys will go over your situation and discuss your options.
Are there other debts that may not be dischargeable?
Yes, you may be responsible for taxes, domestic support and child support obligations, fines, penalties and criminal restitution obligations. We will review these obligations with you and help determine their dischargability under the current law.
Will bankruptcy stop the garnishment?
Yes, once your bankruptcy case is filed all garnishments must stop. You may also be entitled to demand the return of funds that have been garnished.