Frequently Asked Questions

What is bankruptcy?

What can bankruptcy do for me?

What does bankruptcy not do?

What are the different types of bankruptcy available to individuals and/or small businesses?

Who will know about my bankruptcy?

Will my friends and/or relatives know I have filed bankruptcy?

Will my employer know I have filed bankruptcy?

Can I file bankruptcy on some creditors and not on others?

If I file bankruptcy, does my spouse have to file with me?

If I filed bankruptcy before, can I file again?

If I filed bankruptcy before, how long do I have to wait before I am eligible to file another bankruptcy and receive a discharge of my debts?

What happens if I filed bankruptcy before, need to file again and cannot wait until I am eligible to receive a discharge of my debt?

How will bankruptcy affect my co-signer?

Will I have to go to court?

Will bankruptcy wipe out all my debts?

Will I lose all of my property and belongings if I file bankruptcy?

What happens to my home and car if I file bankruptcy?

Will bankruptcy affect my credit?

How long will bankruptcy stay on my credit report?

What else should I know?

Are there alternatives to bankruptcy?

Sometimes you can negotiate with your creditors to settle your debt for less than what is owed. However, you may be taxed on the forgiven portion of the debt. Debt consolidation services may be able to negotiate lower interest rates and/or monthly payments and in some cases a reduction in the amount owed. Creditors are not required to participate in these programs so often one ends up with some creditors working with you and others refusing to do so. Bankruptcy takes that control away from creditors and gives it back to you.

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M. Caroline Cantrell, Attorney at Law