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?

In most bankruptcy cases, you only have to go to a proceeding called the "meeting of creditors" to meet with the bankruptcy trustee. The trustee will swear you in and ask questions to confirm the information on your petition and schedules is complete, true and correct. The trustee will also be checking to see if you have assets that can be sold to pay your creditors. Creditors, if they attend the hearing, are also allowed to ask you questions. Creditors generally do not appear and the hearing is usually short.

If complications arise or you dispute a debt, you may have to appear in court before a judge. If you need to go to court, you will receive a notice of the court date and time from the bankruptcy court and/or your attorney.

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?

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M. Caroline Cantrell, Attorney at Law