Nationwide Chapter 13 Bankruptcy Attorneys
Get Relief from Your Debts Today
The Law Offices of Kenneth H Dramer PC is a diversified debt relief law firm, with years of experience in the practice areas of debt settlement, debt collection lawsuit defense, foreclosure defense and avoidance, predatory lending violations, Federal Debt Collection violations, and Bankruptcy. No matter your financial hardship, our Debt Lawyers are skilled and able to help you determine which of our debt relief option will be best for your needs.
Bankruptcy Services
Chapter 7
Chapter 11
Chapter 13
Debt Relief Attorneys
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See what you can save.
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Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Let Us Help You!
Get Your Free Consultation
Why You Should File for Bankruptcy
If you are sick and tired of being stressed out by your past-due bills and the harassing phone calls that come along with it, maybe you should look into a fresh start and see if Bankruptcy is the right debt relief option for you. By eliminating your debts and ridding yourself of the stress associated with being burdened financially, you will be able to gain peace of mind just like our Debt Lawyers have been able to do for so many others just like you! The Bankruptcy court can grant you complete or partial relief from your debts and give you a fresh start. Chapter 13 Bankruptcy can allow you to keep your assets and still eliminate your debts over a period of time!
Filing Chapter 13 Bankruptcy
Chapter 13 Bankruptcy doesn’t eliminate your debts right away like a Chapter 7 would, but instead establishes a payment plan for you to repay your creditors or collectors over a period of either 36 or 60 months. Over that time, you will end up paying back either a percentage of your debts or your debts in their entirety. Typically, secured debts are paid back first, then as much of your unsecured debts are paid back as possible.
In a Chapter 13 Bankruptcy filing, we would propose a plan to pay back your creditors and collectors. This payback plan is over a period of three years if your income is below the median income for your state, and a five year period if your income is above your state median. The written plan must detail all of the repayments (and their duration) that will occur. The proposed payments must begin thirty to forty-five days after the case has started.
Once we file your Chapter 13 bankruptcy petition with the court, your creditors can’t collect what they are owed from you unless they go through the courts. As long as your assets aren’t worth more than what your creditors are owed, you will be able to keep your assets.
Your Mortgage Loan, Foreclosure, and Chapter 13 Bankruptcy
Our foreclosure defense attorneys can help you avoid foreclosure. If our numerous foreclosure defense options are not what you need, we can help cure your past-due balance, and even contest your foreclosure action by filing a Chapter 13 bankruptcy. By filing for Chapter 13 bankruptcy, most creditors have to submit a proof of claim to get paid, and this includes your mortgage lender. You have the right to oppose your creditors’ claims, including your mortgage holder’s, if, they are incapable of providing or obtaining the assignment documents which are necessary to prove their right to collect on the mortgage obligation. Read more about false mortgage assignments and promissory note endorsements on our Predatory Lending Violations Page.
The Chapter 13 is a Last Resort
We usually do not suggest a Chapter 13 Bankruptcy unless a significant portion of the debt owed is secured debt or the estimated payback is lower than it would be to settle your debts, as alternatives to filing Chapter 13 have proven to be more beneficial. Through a Chapter 13 Bankruptcy, your creditors will usually end up with less money than they are owed unless your discretionary monthly income is substantial, in which case you may pay back a high percentage of your debts or even the full amount – on top of our attorney fees, filing fees, Trustee fees.
There would be no point in filing for bankruptcy and incur the harmful damage to your credit if you are going to pay back a significant portion of what you owe. In the instances where your discretionary income is high enough that you would warrant either a high payback or full payback of what you owe, we would most likely NOT recommend a Chapter 13 Bankruptcy but instead would suggest an alternative such as Debt Settlement if the creditors are mainly unsecured, or if secured, one of our other Mortgage Relief Options. You’ll want to explore every possible option first and leave Bankruptcy as a last resort.
Equity Restrictions for Filing Chapter 13
The most important asset most of our clients are worried about potentially losing would be their home. Each state sets the limits of home equity levels that are exempt. This means unless your state allows for $0 exemption, some or all of your home’s equity may be protected.
Chapter 13 differs from Chapter 7 in that a Chapter 7 bankruptcy Trustee can force the sale of your assets if they are above the exemption amounts whereas a Chapter 13 you add the nonexempt amount of equity to your plan payments. For instance, in the state of New York, where our offices are headquartered, If you live in Nassau County, you are allowed to have up to $170,825 of equity in your home, and if you are married, you can double that amount to allow for $341,650 in equity. So for example, if you were married and had a home with $375,000 in equity, that would be $33,350 more equity than allowed. When calculating your payment plan to pay back your debt, you will have to pay back an additional $33,350 over the course of the Chapter 13 plan. As you probably figured out, the more home equity you have, the more expensive it will be to pay back your debts through a Chapter 13. Chapter 13 works this way for all assets, not just your home equity. The amounts authorized for each type of asset in your state can be found here.
Stripping Secondary Home Liens
If you have more than one lien on your primary residence as a result of a 2nd mortgage or even a judgment creditor, you could possibly rid yourself of the obligation to pay the lien by filing a Chapter 13 bankruptcy in a procedure known as lien stripping. To qualify for this, your property must be worth less than what you owe on your primary mortgage and you will benefit by having the junior liens wiped away upon completing your Chapter 13 case.
For example, if you own a home that appraised for $500,000 and you owe $600,000 on your first mortgage and $150,000 on your second mortgage, your home is worth less than the balance owed on the first mortgage so you could qualify to strip the second lien. If instead, your house appraised for more than $600,000 (the amount owed on the first mortgage) you would not be eligible to have the second mortgage lien stripped.
Debt Relief Alternatives to Chapter 13 Bankruptcy
Chapter 13 Bankruptcy allows you to pay back a portion or all of your debts, but sometimes the negative mark on ones credit report that can remain for years to come is too much for some individuals to bear. We usually do not suggest a Chapter 13 Bankruptcy if the debt loads are lower or the discretionary income of the individual is too high. If there are assets that have too much equity Chapter 13 Bankruptcy can be costly. If there have been asset transfers over the past several years there may be objections to the discharge of your debts. Some situations sometimes call for other options like Debt Settlement Lawyer negotiated relief which may be more beneficial.
The below options each have their benefits and drawbacks as does filing Bankruptcy. Be sure to call today for your free consultation to learn the differences in each option or click on the options below to learn more.
Debt Consolidation
If you’re on time with your debt payments, have good enough credit or, assets to use as collateral, you may be able to combine all your debts into one new loan at a lower interest rate. Through our network of lenders, we can try to help if you want to try to borrow your way out of debt.
Debt Management
Experiencing a financial hardship and haven’t fallen too far behind on your payments? A Debt Management Plan, also known as Consumer Credit Counseling, can help by combining all your debts into one monthly payment at lower interest rates to have you out of debt in 4 to 7 years.
Debt Settlement
Experiencing a financial hardship and past due on your creditor payments? Our No Upfront Fee Debt Settlement service can reduce your outstanding balances to help get you out of debt in as quick as 1 to 60 months! Rather than lower your interest rates, we’ll actually reduce your total debt.
How Dramer Law Handles Our Debt Relief Cases
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Free Consultation, Fact Finding, & Financial Analysis
When you call our firm, we will want to know how and when your financial hardship began as well as what the current status is, to get a better understanding of what you are experiencing. Our staff is trained to ask the right questions to make sure that no stone in your financial picture goes unturned. Any representative that will speak with you will have a minimum of 10 years experience
We analyze your current financial situation including your assets and liabilities as well as your current cash flow, allowing us to narrow down our services more specific to what you can afford. This step is critical in any of our processes as we ensure that whatever service we recommend will be within your budget and therefore you’re more likely to succeed.
Full Disclosure, Recommendation, & Customization
There are multiple options for each problem we encounter so based on your analysis; we will then tailor fit the best option to the individual needs of your budget. We will explain in great detail all aspects of each process including the risks & fees – not just how much money you can save. Nothing will be hidden from you as we are a full disclosure law firm.
Our Relief Specialists are NOT Paid a Commission so there will be no sales pressure at our law firm. There is no obligation to retain our services. You will be given all the facts you need, and then you will be given plenty of time to think things over. Debt relief is an important decision, and we won’t rush you! We have worked hard over the years to earn the reputation we have by giving honest advice to those in need rather than the advice that benefits our bottom line!
Limited Power of Attorney & Authorization to Communicate
Lenders are Sent Notice of our Representation
Once retained, we immediately send a copy of our Limited Power of Attorney to your creditors, debt-collectors, or attorneys. Sending notice of representation is the first step in curbing any creditor or collector calls you may be receiving. We do not want you to be harassed – we’ll take over the calls for you.
The Fair Debt Collection Practices Act (FDCPA)
Once any third party servicer, debt collector, debt purchaser, collection attorney, foreclosure attorney, etc. receive our Limited Power of Attorney, they are obligated to contact us directly on your behalf. Failure to do so is a violation of the FDCPA, and we will sue them for you. There is no fee charged to you if we do not win your case, and if we do win, you can win up to $1,000 per violation, and the collector in violation will pay our attorney fees for you. It’s basically free money!
We Get the Job Done!
We are Incentivized to Perform
Our mortgage negotiation services are offered a fee structure as such that you pay part of the fee when retaining our firm and part of the fee only if we’re successful. The success fee helps ensure we are incentivized, so you’ll know we have your best interests in mind. We don’t benefit from getting you to hire our law firm, but instead, we benefit when we get the job done for you. You pay for our performance – and that’s what we do – we perform! We never agree to anything without first consulting with you and getting your approval. It is your debt and your money, so you have the final say in all of our negotiations
We Work Efficiently & Quickly
The combination of our experience, well-trained representatives, long hours, and state of the art software, allow us to accomplish more in any given day than most other firms only dream about. This can be said for ANY service we offer from negotiations to litigation to bankruptcy. We work quickly on your behalf as the longer you delay with a deed in lieu of foreclosure, the more fees your lender will charge. We will be in touch with you throughout the process to keep you informed and are available when you need us.
Are you looking for professional advice?
Let Us Help You!
At The Law Offices of Kenneth H Dramer PC, before we make any recommendations, our debt lawyers, certified debt relief specialists, and paralegals are trained to ask the right questions to find out about your specific situation. Based on your current income and your financial hardship, we will determine which course of action will work best for you. We do not only offer one path, as no one process can solve everyone’s needs. We will take our time with you and help evaluate what your best course of action should be. CALL NOW FOR A FREE CONSULTATION and one of our advisors will be there to get you started on your path to financial freedom. There is no obligation to enroll, so don’t delay.
One way or another, we can help!
Why Choose Dramer Law for Your Debt Relief Needs?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We offer all debt relief options and we service our clients like family. You should never settle for less when trying to settle for less!
Lower Fees
Since our clients don’t have tons of money to spare like attorneys that practice in other areas of law, we charge low fees making our services affordable for anyone that needs help. Unless your case involves one of our attorneys having to go to court, our negotiation service fees are flat fee based not charged hourly.
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
All of our attorneys, paralegals, and negotiators are dedicated to providing the best possible experience, while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Our Reputation
Many companies do nothing for the high fees they charge. We have heard many horror stories. These companies aren’t proactive, they put no effort into negotiations, they don’t even return your calls let alone calls from collectors! These actions cause collectors to seek other measures to collect, often meaning lawsuits. We typically work repeatedly with the same companies and are known for resolving accounts so therefore have a great reputation with industry lenders and collectors. This benefits you when we contact these companies on your behalf, they know the accounts will get resolved and therefore we are usually able to avoid legal action!
Other Services
Many times, when we successfully get our clients out of debt, they still need assistance with other areas of their financial life. We offer many different services for those struggling with debts including Business Debt Relief, Mortgage Relief, Tax Relief, & Student Loan Relief. When Debt is the Problem – We Have the Answers!
There is no obligation, so don’t delay.
Get Your Free Consultation Today
The Law Offices of Kenneth H Dramer PC is based in the New York City area and have expanded our practice with attorneys throughout the country. We are staffed by some of the most experienced debt lawyers, bankruptcy lawyers, mortgage & debt specialists and paralegals, all dedicated to helping people from all walks of life receive safe, effective professional help for their debt-related issues. Call NOW or click here to complete our bankruptcy evaluation questionnaire through a secure portal and one of our advisors will help you started on your path to financial freedom.
Client Testimonials
The court proceedings were annulled, and agreeable working terms were consolidated with my creditors
“Having to deal with a debt collection and settlement situation is a scenario that can certainly occur to anyone, irrespective of their station in life or how judicious they might have been in managing their finances. I was very ill-prepared to deal with this situation when it confronted me. By shear chance, pretty much stressed out on my options, I stumbled on www.Dramerlaw.com on my very first internet search. This was indeed my first port of call; I talked to Michael and I had the gut feeling I could work with them. I have not only been happily surprised, but very satisfied with my collaboration with Dramer. Michael, my principal liaison from day one has been very professional, available, applied, assiduous, and reassuring throughout this relationship; it is hard not to state it in such glowing terms, when it is what it is. From communications via phone calls, faxed messages, and e-mails I was able to receive and transmit all the paperwork relevant to my case. The court proceedings were annulled, and agreeable working terms were consolidated with my creditors. Equally appreciative is the post-resolution services and relationship that Dramer offers. Please give Dramer a try and I’d bet you will express your satisfaction in even more glossy terms.” N.T. Oneaonta, NY. 12-22-2017I wouldn’t go anywhere else.
Very sharp and on point. Their price is very reasonable.
“Like most people bankruptcy never crossed our mind. My husband and I owed a lot of debt due to closing of our business, but we still tried to payoff debtors little by little. Until we got hit with a summons from the court ( for over 100K lawsuit). We research all over the internet and called many law firms and layers. Many of them ask what we want to do?.. We wouldn’t of call if we know what to do. And some offered hardship /debt relief or settle your debt for less.. no matter what you call it at the end you still have to pay the creditors, the debts collectors and the lawyer. In our case there is no way we can payoff everything. Many random phones calls later, we were fortunate to come acrossed Mike, he has explained to us bankruptcy doesn’t mean we will lose our house or car. As couple we are able keep certain amount of assets. We were also worried about our credit score, the bankruptcy record will stay in your record for 7 years ( our score were poor anyway). There aren’t that many reviews on the internet about them and like most people we’re not sure if we can trust them. Give Mike a call and a chance, his very sharp and on the point. Their price is very reasonable. Bankruptcy was the best choice we made and the cheapest way out. Now half year later we are debt free, no need to worry from phone calls from debts collectors. Get to keep our house and car, even our credit score went up. Don’t understand why we didn’t do it sooner I guess we were like a lot others going day by day try to be nice by paying off little by little. Thanks!” JC, Queens, NY. 7-7-2017
They were extremely professional and made the process easy
“The Law Offices of Kenneth H. Dramer P.C Attorneys at Law were efficient in handling by bankruptcy case. They were extremely professional and made the process easy! I highly recommend them.” – Jamie M. Seaford, NY 5-30-2017
They're highly recommended
It has been an absolute pleasure working with you
“I just wanted you to know it has been an absolute pleasure working with you. You never made me feel harried, pressured or overly anxious about paying off my bills. I wish everyone would be like that. Thank you again & i hope you don’t mind if i touch base with you the future, just to give you updates on how things are going. Be well.” Mary R. Bayshore, NY 4-30-2018
I would highly recommend Dramer Law for your debt settlement needs
“I would highly recommend Dramer Law for your debt settlement needs. A few years ago my husband and I had accrued entirely too much debt and no matter how hard we worked or how much we tried, we were unable to keep up with our bills and making the minimum payments was getting us nowhere. The best decision we could have made was to begin the debt settlement process. Most of the debt was in my name so I contacted Dramer Law . I have been extremely pleased with the efficient, attentive, reliable service provided by Michael Sininsky. I was initially hesitant to enter into any debt settlement program but now, without hesitation, I will say it was the best decision I could have made . From the initial consultation and throughout the entire process ,Michael patiently and fully explained everything. Any questions I had were addressed rapidly and any messages I left were returned promptly. I/we started out with $87,555.84 total debt and ended up paying back $26,020.71. That’s a savings of $61, 000.500 , or a 70% discount off our balances. I’m so happy we decided to go with Dramer Law and cannot thank Michael enough for all his hard work and professionalism. Any fees paid to Dramer Law were very fair and minimal compared to what I was paying to the credit card companies each month. Being debt free is such a relief- now we can move forward and put our money toward our kids college educations and save for our future.I am happy to recommend them and am so glad I contacted them a few years ago. Sincerely, Susan M.” Commack, NY 3-27-2018
We would highly recommend their services for debt reduction and settlement rate negotiations
Your promptness, efficiency, and trustworthiness have always been beyond my imagination.
“Thank you very much. Your promptness, efficiency, and trustworthiness have always been beyond my imagination. Perhaps I will be like that one day (in another life).” Peter L Valley Stream, NY 3-2-17
Thanks for being so helpful
Not only did you get me out of debt but you gave me a freedom that can’t be described.
Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!
“When I initially called, I spoke to Mike. I want to say, he immediately put my mind at ease. He explained your retainer fee; that costs for filing papers; phone calls, and other incidentals, would be deducted from that fee and, if any fees were due at the end of the process, I would be liable for those additional fees. Mike was able to work with me, keep me calm and focused, and I have gone from being in foreclosure to NOT being in foreclosure!! I’m so relieved. Mike spent time communicating with me either by e-mail or phone. He kept me up-to-date about the process of this whole mess I got myself into and he was truly a comfort to me these past few months. I hope other staff in your office are as efficient and compassionate as Mike is. He’s truly an asset to your business. Mike – Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!” – Susan F. Copaigue, NY. 6-13-16
I was very pleased…
I am very grateful….highly recommended
Very extremely effective in working with me to reduce my consumer debt
Excellent, excellent service. Highly recommended.
Please accept our gratitude for all your help
I’m very happy
“I think you and the company basically do a good job and I appreciate it. As I mentioned before the only thing is I’m interested to see when the payments I’ve made start showing up on my credit report as it’s still very low. Overall, though, I’m very happy.” Mike S. Baldwin, NY 8-3-15
I would highly recommend this firm to anyone going through financial difficulty and need good advice.
“I was so happy to have been represented by the law firm of Kenneth H. Dramer. They were so helpful at a very difficult financial time in my life. They advised me every step of the way through the difficult process of bankruptcy. If I had any questions or concerns they would answer any questions very quickly and patiently. I would highly recommend this firm to anyone going through financial difficulty and need good advise. ” Lillian L. Queens, NY 7-20-2015
I thank the company and Michael for giving me peace of mind at this point
Thank your law firm for helping us get out of debt and back on track
“To Whom It May Concern , We would like to thank Michael Sininsky and your law firm for helping us get out of debt and back on track . Michael was always professional and courteous as well as efficient . Any email or phone call was returned immediately with answers to each question or concern we had . We would like to say Michael Sininsky is an asset to your company . We were thankful that he had our account . Sincerely , Robert & Michele A. Whitestone, NY 5-25-2015”
I would like to express my gratitude
Thank you from the bottom of our hearts for all of your efforts in getting us through this!
Recommended
“Dramer handled my case very professional. They were patient and very helpful with my case. Recommended!” Alex M. Floral Park, NY 12-24-14
Resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined
“I would like to open by saying how grateful I am to Michael Sininsky for helping me with my legal problem. I was beside myself when I spend a hit letter from an attorney who.informed me that I was in debt for a very large amount of money that was owed 15 years ago I thought the matter had been resolved through my divorce, but to.my dismay it wasn’t and had accrued an astronomical amount of late payments and finance charges, they froze our bank accounts , but through the expertise of Mr.Sininsky he resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined I recommend the Dramer Law firm highly and lifted a great deal of stress for us. sincerely Mr & Mrs. Vogel”, NY 12-15-14
We are so pleased with the results.I know we could not have been successful without their help
Bankruptcy – Frequently Asked Questions
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Q: What Is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until our debts are sorted out according to the law.
Q: What is the difference between unsecured and secured debt?
The difference between a secured and unsecured debt is that a tangible asset does not back unsecured debt and secured debt is a debt where the debtor has given up the right to some type of asset/collateral in order to receive a loan.
In the case of an unsecured debt, to obtain a loan, the borrower does not have to put up any collateral. The most common types of unsecured debts are credit cards, department store cards, gas cards, medical bills, utility bills, and personal or signature loans. Since there is no asset backing the loan, should you fail to make timely payments on an unsecured debt, there is nothing for the creditor to take back.
In the case of a secured debt, when a borrower fails to make timely payments, the creditor is entitled to repossess the asset that is securing the loan and sell it. If a creditor sells the asset they have reposed, but the entire debt has still not been paid, the borrower can still be liable for the unpaid balance. Therefore, when the property that is securing the debt has already been repossessed and sold by the creditor, it is possible for a secured debt to become an unsecured debt. The two most common types of secured debts are home loans and car loans.
We can help you whether you are having trouble with a secured or an unsecured debt. Our counselors will help you decide what process will be right for you based on the type of debt that you have and your specific financial situation.
Q: What type of debt can you handle?
The Law Offices of Kenneth H Dramer, PC offers a variety of different services in order to ensure that no matter what your individual needs or financial hardships are that we will be able to provide the right service to you. We have processes to help you no matter what type of debt you are in, whether it be secured or unsecured debt. We are an industry leader in all forms of legal debt negotiation, and along with our affiliates we can help you with any of the following types of debt:
- Credit Cards
- Department Store Cards
- Gas Cards
- Medical Bills
- Collections Accounts
- Unsecured Loans
- Unsecured Lines of Credit
- Repossessed Vehicle Loans
- Fair Debt Collection Practices Act Violations
- Home Loans
- Home Foreclosures
- Tax Debts
- Judgment Accounts
- Creditor Harassment
- Repossessed Vehicle Loans
- Defense Litigation for Creditor Lawsuits
No matter how difficult your financial predicament is, we will most likely be able to help you. Our counselors are here to help you decide what process will be right for you based on the type of debt that you are in and your specific financial situation.
Q: What Can Bankruptcy Do for Me?
Bankruptcy may make it possible for you to:
- Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
- Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
- Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
- Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
- Restore or prevent termination of utility service.
- Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
Q: What Can’t Bankruptcy Do For Me?
Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:
- Eliminate certain rights of” secured” creditors. A creditor is “secured” if it has taken a mortgage or other lien on property as collateral for a loan. Typical examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process, and bankruptcy can eliminate your obligation to pay any additional money on the debt if you decide to give back the property. But you generally can not keep secured property unless you continue to pay the debt.
- Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, most student loans, court restitution orders, criminal fines, and most taxes.
- Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
- Discharge debts that arise after bankruptcy has been filed.
Q: Will Bankruptcy Wipe Out All My Debts?
Yes, with some exceptions. Bankruptcy will not normally wipe out:
- Money owed for child support or alimony;
- Most fines and penalties owed to government agencies;
- Most taxes and debts incurred to pay taxes which can not be discharged;
- Student loans, unless you can prove to the court that repaying them will be an “undue hardship”;
- Debts not listed on your bankruptcy petition;
- Loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;
- Debts resulting from “willful and malicious” harm;
- Debts incurred by driving while intoxicated;
- Mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).
Q: What Different Types of Bankruptcy Cases Should I Consider?
There are four types of bankruptcy cases provided under the law:
- Chapter 7 – For individuals and businesses
- Chapter 11 – For certain individuals and businesses
- Chapter 12 – For family farmers and fishermen
- Chapter 13 – For individuals and certain businesses
Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly. Businesses can file under chapter 7 or chapter 11.
Q: Can I Own Anything After Bankruptcy?
Yes! Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
Q: Will I Have to Go to Court?
In most b