Bankruptcy Archives | Patrick McBurney Attorney at Law

Bankruptcy

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Can I be fired from my job if I file for bankruptcy?

Generally speaking, the answer to this question is no. The bankruptcy law specifically states that discrimination based upon bankruptcy is illegal. However, there are certain caveats to this. If you are in a high-security job with a top security clearance, bankruptcy may potentially affect your eligibility to continue to hold that job or that clearance.

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Will Bankruptcy help me deal with wage garnishment?

Yes, the act of filing a bankruptcy petition will create an automatic stay that immediately stops a wage garnishment.

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Do I have to go to court?

Generally speaking, no. The bankruptcy process requires you to attend a meeting of creditors with a bankruptcy trustee. This is a proceeding of a sense, but it is not before the bankruptcy judge. Most people who file for bankruptcy will not have to be involved with a bankruptcy judge.

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Do I have to be a certain age to file for bankruptcy?

You have to be at least 18 years old and capable of entering into a contract to file for bankruptcy.

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Can my landlord evict me for filing bankruptcy?

The answer to that question is no. Your landlord cannot evict you solely because you filed for bankruptcy. However, if you have violated other terms of your rental contract or your lease, that may very well be a basis for eviction

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Can I keep my car in bankruptcy?

Usually, the answer to that question is yes. Sometimes you’re going to enter into a reaffirmation agreement with the bank. Other times you might offer a certain sum to redeem the collateral, which is your car. Or if you’re behind on your loan, bankruptcy will allow you to catch that loan up or in Chapter […]

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Can I continue to operate my business if I have filed for bankruptcy?

The answer to this question is that it depends if you are in the kind of business where you do not have a lot of material, assets, or equipment. You may very well be able to continue to operate your business and be able to get rid of your debts. If you have assets and […]

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Are there different kinds of bankruptcy?

Generally speaking, there are two fundamental concepts of bankruptcy, liquidation and reorganization. In Chapter seven, we liquidate your assets and your debts. If you don’t have any assets, your debts are discharged and you’re out of this process in approximately four months in Chapter 13. We reorganize your debts and assets and propose a plan […]

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After I file my case, what should I do if a creditor demands payment?

You should immediately call your attorney’s office so that I can notify the creditor about your bankruptcy and get them to stop. If the creditor persists, we can bring them before the bankruptcy court and have them held in contempt. Also, we may have the option of filing suit against them under the Fair Debt […]

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Does my spouse have to file for bankruptcy with me?

The answer to that question is no. However, from an efficiency and expense standpoint, it is generally more efficient for spouses to file together. If you and your spouse have been recently married and one party has a lot of debt, and the other party does not, it may make sense for one spouse to […]

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