Common Questions about Bankruptcy

February 6th, 2012 by Reed Allmand

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Common Questions about BankruptcyIf you’re not familiar with how bankruptcy works its common to have questions about the process.  If you have been struggling to pay your debt and continue to fall further behind, bankruptcy is an option worth researching.  The following questions are often asked by those who are considering bankruptcy as a possible solution:

Q: What is bankruptcy?

A: A federal court process that allows consumers and businesses to resolve outstanding debt obligations by either eliminating debt or restructuring debt with bankruptcy court protection.

Q: Does bankruptcy wipe out all debts?

A: While the bankruptcy process has the ability to wipe out certain kinds of debt, there are debts that will not qualify for discharge.

Q: Chapter 7 verses Chapter 13: What’s the difference?

A: Chapter 7 wipes out or discharges debts and Chapter 13 reorganizes debt with a repayment plan.

Q: Which chapter lets me keep my property?

A: Each chapter has specific exemptions and rules that allow you, in many cases, to keep your property.  Chapter 13 allows you to keep your property as long as payments are made accordingly.  If you have nonexempt assets in Chapter 7 they can be liquidated and used to pay outstanding creditors.  With Chapter 7, if you don’t have assets to liquidate, if your debts qualify, they can be discharged.

Q: Am I free to choose which chapter to file?

A:  Each chapter has certain qualifications that must be met in order to file so it will depend on your unique financial situation.  Getting a detailed idea of what chapter you should file can be discussed with a qualified bankruptcy attorney.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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