FAQ's

Bankruptcy FAQ

Q. Do I really need an attorney to represent me in a bankruptcy?

Q. Are there different types of bankruptcy, and if so which can an individual file?

Q. Which ones of my debts can I discharge through a bankruptcy?

Q. What is the difference between a secured creditor and an unsecured creditor?

Q. Will I be able to keep any of my assets if I file for bankruptcy?

Q. May I sell or transfer assets before filing bankruptcy?

Q. Can I choose which credit cards I want to include in the bankruptcy?

Q. What Happens After Filing?

Q. Are creditors harassing you?

Q. How can I prepare to file bankruptcy?

Q. What is a bankruptcy discharge?

Q. What rights do creditors have anyways?

Q. Is there life after Bankruptcy?


Q. Do I really need an attorney to represent me in a bankruptcy?

Under the law, a person filing for bankruptcy is not required to have an attorney. This does not mean that you may not need one. The laws and statutes governing this area of law are highly intricate and complex, usually requiring the expertise of a seasoned attorney to appropriately advocate for your case.

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Q. Are there different types of bankruptcy, and if so which can an individual file?

An individual consumer may file either a Chapter 7 Liquidation or a Chapter 13 Reorganization.

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Q. Which ones of my debts can I discharge through a bankruptcy?

There are debts that will not be discharged with a bankruptcy. Such debts include:

  1. Alimony
  2. federal income taxes
  3. child support
  4. and employer withholding taxes

Notably, the court may find that some debts are non-dischargeable if the debtor as found to have preformed some wrongful conduct with the debt. For example, under a Chapter 7 a credit card debt will be non-dischargeable if the court finds that they debt was intentionally accumulated without ability or intent to repay.

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Q. What is the difference between a secured creditor and an unsecured creditor?

Generally, a secured creditor is one that has obtained the debtor's promise to pay as well as a lien on property that the debtor owns. Whereas an unsecured creditor simply has the debtor's promise to pay without the ability to place a lien on the debtor's property.

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Q. Will I be able to keep any of my assets if I file for bankruptcy?

Absolutely. There are laws in Florida that will protect certain assets of the debtor. The protection of the law will allow the debtor to keep them, and thus not allows them to be taken by the creditors. For more information on what is a protected asset under Florida law and how to make sure its protected please call Bankruptcy Attorney Carmen G. Soto for a Free Consultation.

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Q. May I sell or transfer assets before filing bankruptcy?

It is best to consult with an attorney before transferring or selling any asset if you are contemplating filing for bankruptcy. The attorney will be able to advise whether the transfer or sale is allowable or whether it will prevent the debtor's chances of getting a discharge.

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Q. Can I choose which credit cards I want to include in the bankruptcy?

This all depends on a debtor's particular situation. Under the Federal Bankruptcy Code a debtor cannot exclude credit card debt when listing all their creditors. Although, in some situations and after consulting with an attorney it might be in the debtor's best interest to re-affirm a debt.

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