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BANKRUPTCY

Getting a "fresh start" financially can help turn your life around. If you are having difficulty paying your debts, facing collection activity such as lawsuits, collection calls, garnishments, etc. call for a free consultation to see if you qualify to file bankruptcy.


For individuals there are generally two (2) kinds of bankruptcy cases. The first type is a chapter 7 case where a debtor asks the court for a discharge of their debts. The second type is a chapter 13 wage earners re-organization case. A chapter 13 case involves paying all or a portion of your debts and if you complete the "plan payments" you may be entitled to a discharge of the balance of any unpaid debts. A chapter 13 case allows debtors to keep some property that may otherwise not be "exempt".
Bankruptcy law allows debtors to keep "exempt property" such as your home, personal household goods and furnishings, an automobile worth $7,500.00 (or equity) or less, clothing, qualified retirement accounts. There are many other kinds of exempt property that cannot be taken from you if you file bankruptcy.


In order to qualify to file for a chapter 7 bankruptcy you must:

  1. Reside in the district where you file for the greater party of the past six (6) months

  2. Your income must be under certain amounts

  3. Not have filed for chapter 7 bankruptcy in the preceding eight (8) years


Bankruptcy law is complicated, because there are many rules and requirements associated with filing a claim. The most important rule/requirement is complete honesty. If you file bankruptcy and lie on your paperwork, the court can:

  1. Deny you a discharge

  2. Revoke your discharge

  3. You could even go to federal prison for lying to the court

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