Frequently Asked Questions
Navigating the complicated world of bankruptcy can be hard and discouraging. But, it doesn’t have to be. We pride ourselves on smoothly guiding our clients through every step of the process. Listed below are several of the frequently asked questions we receive prior to the initial consultation. Explore the list and give us a call when you are ready so we can answer any additional questions you may have.
You are required to provide to your attorney proof of your income for the six (6) months before the month in which your bankruptcy will be filed. For example, if you are filing in July you would provide January through June of that year. You are also required to provide a copy of the previous year’s tax return. If you have been unemployed for the last 6 months or are not required to file tax returns, you should speak with your attorney about these issues.
The bottom line is that bankruptcy saves you money! Bankruptcy can provide immediate relief by:
- Stopping collection calls and creditor harassment
- Helping to eliminate or reduce credit card debts and medical bills
- Proposing repayment plans that lower the interest rates on vehicles, furniture, and/or jewelry
- Changing the repayment terms to lower the monthly payment
- Stopping lawsuits & judgment liens
- Stopping creditor collection efforts like repossession or foreclosure
- Eliminating or reducing car repossession debts
- Providing structured payment of tax debts or, in some cases, eliminate tax debts.
The process of filing bankruptcy is a negotiation! A qualified bankruptcy attorney can negotiate with your creditors and with your bankruptcy trustee on your behalf. An experienced bankruptcy attorney has an extensive understanding of the court system. This allows them to explain to you what creditors and your trustee will be willing to accept. An experienced attorney can help you decide on the best course of action for your unique situation. Your attorney will help you prepare your bankruptcy forms correctly and present your case to the Court.
Yes! We offer a FREE initial consultation. Generally, there is no set time limit; you can explain your situation and we will discuss possible solutions. It is a relaxed and casual meeting, and you are not under any obligation to file. The goal is to provide you with enough information that you can make an informed, educated decision. If, after the initial consultation, you would like to hire our office to represent you, then we will go over the retainer agreement and discuss your case in greater detail.
The first thing most people should understand is that there is more than one kind of bankruptcy. We help individuals file either a Chapter 7 or Chapter 13 bankruptcy. Each form of bankruptcy has its strengths and weaknesses, which we will review with you during your initial consultation. The most important question to ask yourself is, what do you want your bankruptcy to help you accomplish? Based on your income level, assets, and what you would like to accomplish, we will make recommendations on your best course of action.
In bankruptcy, there are attorney’s fees and the Court’s filing fees. Every case is unique. But in general, for Chapter 13 clients, attorney’s fees are paid as part of a monthly plan payment to the Court. The filing fee in Chapter 13 can be paid in installments or up front depending on your available funds. For Chapter 7 clients, the filing fee and a portion of the attorney’s fee are usually paid up front. These costs are discussed during the initial consultation and can vary on a case-by-case basis.
Yes! We believe quality representation means personalized service. You are a neighbor, not a number. We personally meet with clients and walk them through each step of the bankruptcy process.
Yes. Everyone who files for bankruptcy protection must attend a mandatory meeting of creditors. This takes place approximately one month after the case is filed. We attend these hearings with all clients. Typically, the hearing takes 5 to 10 minutes.
Yes! Filing a bankruptcy petition immediately stops creditors from attempting to collect on debts by imposing an automatic stay.
Yes! There are several different kinds of tax debt, which we can discuss at your initial consultation. One of the best ways to deal with tax debt is through Chapter 13 bankruptcy. You can use Chapter 13 to make payments on tax debt at 0% interest over a 3-5 year repayment plan. Or, if the tax debt meets the correct requirements, it may be eliminated entirely by completing your Chapter 13 plan.
GENERAL DISCLAIMER: The information provided on our website is informational and does not constitute legal advice. For legal advice, you should consult an attorney. Contacting Charles Farrell Jr., LLC through email, phone, or this website does not create an attorney-client relationship or assure confidentiality. Please refrain from sending any confidential information to Charles Farrell Jr., LLC until an attorney- client relationship is established.