FAQS

Should I Stop Using Credit Cards Before Filing For Bankruptcy?

You must stop using credit cards if you are considering filing bankruptcy. The judge presiding over your case will review all of your debts and can establish recent purchases as fraudulent activity. View Service

Can I Get Credit After Setting Chapter 7?

Yes, you can get new credit cards. You will be able to restore your credit again long before you finish the set payments; you only need the approval of the bankruptcy court. In some cases, it might happen that the interest on loans is higher due to a bankruptcy. You can find more information in our website www.GallardoLawFirm.com, in the section on credit and bankruptcy. View Service

Are Husband And Wife Able To File Jointly Under Chapter 7?

Yes, they may, using the same set of forms. View Service

When Should A Husband And Wife Both File Under Chapter 7?

Husband and Wife should file jointly if some of the debts are owed by both. If both spouses are listed for any of the debt and only one of them files for Chapter 7, creditors may attempt to collect payments on those debts from the spouse that did not file bankruptcy. View Service

May Employers Or Government Agencies Discriminate Against Persons Who File Under Chapter 7?

It is illegal for any employer, either public (government) or private, to discriminate against a person in regards to employment if that person has filed for Chapter 7 bankruptcy. It is also illegal for any government agency to discriminate against a person when seeking any license, permit, or any similar documentation because the person seeking such documents has filed for Chapter 7 Bankruptcy. View Service

Will A Person Lose All Of His Or Her Property if a Chapter 7 is filed?

Under federal law, certain properties and assets can be declared exempt and cannot be seized by creditors. A debtor may keep exempt property. It is only necessary for a debtor to turn over non-exempted property to the trustee. View Service

What Is A Trustee, And What Do They Do?

A trustee is a court appointed officer responsible for gathering a debtors nonexempt property, selling it, and using the funds received to pay off creditors. The trustee also has certain administrative duties, including the responsibility of making sure debtors follow through with the obligations in their bankruptcy case. View Service

How Long Does A Chapter 7 Case Last?

The length of a Chapter 7 Bankruptcy case depends on how the trustee takes to gather and sell a debtors assets, and perform his other case duties. If the debtor has no assets or property determined to be nonexempt for the trustee to gather, the case will more than likely be closed soon after a notice of discharge is received by the debtor. View Service

What is the Law of Fair Debt Collection Practices?

Act Fair Debt Collection Practices (FDCPA) allows you to take legal action against debt collectors who illegally intimidate you, call you at odd hours, make false allegations about debts, and any other acts prohibited by law.  View Service

What are you not obliged to do in regard to collectors?

You do not have to argue anything with a collector unless you want to. You are not mandatory to answer the phone. You are not mandatory to talk to a collector. You are not mandatory to answer questions of collection. You do not need to tell the truth about your financial affairs. It is necessary to recognize that you owe money. This is very important if you are claiming an old debt. If you recognize the debt, this could actually extend the length of time that the collector can be sued for it. View Service

What benefits can I get for damages and prejudices according to the FDCPA?

You can receive up to $ 1,000 per case. You can sue for statutory, punitive and actual damages for stress-related injuries and others. View Service

Are there laws that protect me against creditor harassment?

Yes, Many of these attacking and ruthless companies call to tell your employer about your debt, use putrid language, threaten to put him in jail or claim to be a police officer or Federal employee. All these actions are illegal and violate the FDCPA. View Service

What are the hours that the creditors cannot be calling?

A creditor may only contact you between the hours of 8:

00am and 9

Im being arrested for a debt what should I do?

The creditor must show proof that you have the debt within the period of time that you were contacted. If the accusation is untrue and the creditor continues to intimidate you, you can contact a law firm to obtain effective legal aid. View Service

Are debt collectors is allowed to contact my employer?

They are, but with restrictions. If you tell them in writing that they are not allowed to contact you at work, then they cannot. If they do it, it is a violation of the law. They may not discuss your debt with your employer in any way. View Service

What is the concept of credit?

Credit is a word derived from the Latin credititus and means to build confidence. Credit is an economic action by which a person or institution provides money, goods, or serviceids with the expectation of future payment. View Service

Can I buy a home again after I file bankruptcy?

Sure, you can buy a home again if you want. You will need a loan from the federal department of housing in order to complete your purchase. After 2 years of the declaration of bankruptcy the approval is very feasible. If the bankruptcy was due to medical debts you may request to purchase the home only a year after bankruptcy. View Service

What is the concept of bankruptcy?

The bankruptcy process is a mechanism of laws developed in federal court with the purpose of protecting and assisting individuals or businesses in solving their payment disputes with creditors. filing bankruptcy stops creditors from seeking to collect debts from you during the bankruptcy process. View Service

How much does a lawyer cost?

The cost depends on how complex the case will be. However, resolving your financial issues today will very likely result in a better financial future for you and your family. View Service

What benefit do I get by filling a bankruptcy?

Bankruptcy discharges debts, making possible a fresh financial start. It also stops foreclosure on your property and prevents the repossession of your car or other assets you may have. In addition, it prevents termination of utility and restores it. View Service

Once I file for bankruptcy, will I have to go to Court?

Most probably you will only have to go to a meeting with creditors in order to meet them and the bankruptcy trustee. In the case that you need to dispute a debt, then you might have to appear before a judge. View Service

Will my employer know I filed for bankruptcy?

No, they will not be contacted. View Service

What is legally considered as harassment from a collection agency?

There are a few examples of ways collection agencies can cross the line and you have the right to send them a certified letter stating that you are being harassed. In order to avoid liability they will either offer to cancel the debt or settle at a fair rate. Some examples of ˜crossing the line include:

Use violence or threatening to harm your reputation, take away your property, etc. Use disrespectful or obscene language. Misrepresenting the collection agency by saying they call on behalf of state or federal government or false implication saying they are a lawyer or law enforcement officer. Giving wrong information about the amount of money owned. Insinuating that failing to pay the debts will result in arrest or imprisonment. Constant calls.

what are some tips for individuals filing a bankruptcy?

Some tips that will help you through the whole process include:

Assessing your finances

Is it possible getting bankruptcy forms on the internet?

Yes, its possible getting them but we dont encourage self-representation. This will leave your case open for possible serious or permanent error. Capable legal counsel is always best. If you would like to get familiar with these forms, click here. View Service

Is credit counseling before filing for bankruptcy mandatory?

Under the new law, you must seek credit counseling, unless you have received counseling from an approved nonprofit agency. The law will only exempt individuals unable to comply due to disability, incapacity, or active military duty. View Service

What happens if my spouse has a lot of debts but I dont? Would this affect my credit?

Bankruptcy cases work on an individual basis. Its not like owning a property where both spouses are in it together. A bankruptcy will only affect the person filing. It wont affect the spouse not-filing. Spouses have different names and social security numbers therefore their financial lives are independent in the credit bureaus eyes. However, if you are a co-debtor, the creditor will definitely look at you for payments. Ask more an attorney from Gallardo Law Firm about what to do in this situation. View Service

Do I have to explain myself in court?

You will not have to go to court. There is a section 341 Meeting of the Creditors that you will have to attend but since no one ever shows up you will probably have to hire a lawyer. These meetings take around 10 minutes and no special preparation is required. View Service

Is it possible to keep my credit cards?

Maybe you will be able to keep some credit cards but just remember that the trustee will request that you cut up all your credit cards. After you file, you should not charge anything on your credit cards. The goal is going debt free. If you are not indebted with a particular creditor perhaps you can keep their credit card. However, first check with your attorney. View Service

What happens to my credit records?

A bankruptcy will definitely hurt your ability to get credit in the future. This will appear on your credit records for ten years. The best thing to do is to pay the bills as agreed. Bankruptcy will not get rid of your bills; it only helps you with some responsibilities. Perhaps you are lucky enough to find a creditor that may be able to overlook your past financial status. View Service