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Bankruptcy Q & A

QUESTION:  I heard you can’t file bankruptcy any longer to get rid of debt.  Instead, you have to pay everyone back.

ANSWER:  No, this is not correct.  In 2005, there were some significant changes to the bankruptcy laws.  However, most of these changes only effected individuals in high income brackets.  You can still eliminate your unsecured debt through Chapter 7.

QUESTION:  My friend told me that even if I file bankruptcy I will still have to pay the debt back in the future.  Is this true?

ANSWER:  No.  This is not true.  Some debts such as student loans, fines, some taxes are not eliminated by bankruptcy.  However, unsecured debt is permanently eliminated in Chapter 7 and in some case Chapter 13.  Talk to your attorney about any concerns to insure your debt will be eliminated.

QUESTION:  My mother said that someone will come from the court to sell our furniture and belongs.  Will I lose everything?

ANSWER:  No.  This is not accurate.  A good attorney will be able to properly protect all of your property.  In some cases, where you have value or equity that can not be protected your attorney can help you resolve this and/or discuss other options.

QUESTION:  Does it matter which attorney I choose to file bankruptcy with?

ANSWER:  It can.  Most attorneys who practice bankruptcy have specialized in the field for a number of years.  During your consultation ask the attorney how many years they have practiced bankruptcy.


Here are more questions and answers from the experts at The Merna Law Group.