Q: Am I ineligible for a Chapter 7 discharge?
A: A person may not be eligible for a discharge under chapter 7, and therefore should not file, if he or she has been granted a discharge in a Chapter 7 case filed within the last eight years or in a Chapter 13 case filed within the last four years; in addition, if she or he engages in certain fraudulent conduct related to the bankruptcy or financial situation; or if he or she refuses to answer questions of the bankruptcy court; or fails the means test.
Q: If I file Bankruptcy, will it be put in the newspaper?
A: Filing a Bankruptcy is Public Record. However, the court does not post your filing in newspapers. Unless you are famous and news worthy, the average bankruptcy is never reported in the media.
Q: Can I leave out some certain debts?
A: No. Under the Bankruptcy Code, a debtor cannot pick and choose which debts they want to list. Each creditor is treated the same and must be listed in the bankruptcy.
Q: If I'm married, does my spouse have to file too?
A: No. In many situations, only one spouse needs to file a bankruptcy. The Bankruptcy Code does not require that both husband and wife file a joint bankruptcy. However, in most situations, both spouses are liable for the same debts and therefore if one does not file, they will still be liable to pay the debts even though the other has discharged them.
Q: I don't want to file bankruptcy on my home, can I keep it out of bankruptcy?
A: No. All assets that you own need to be listed in a bankruptcy. This doesn't necessarily mean that you are going to lose them, only that you must list them.
Q: My Mother and Father Co-signed for my car, will the bankruptcy affect them?
A: The Bankruptcy will not affect their credit. However, your parents will still be liable for the payment on the car. Only the person who filed the bankruptcy is protected.
Q: I have a good relationship with my dentist and I don't want to discharge the debt owed to him, can I not list him in my bankruptcy?
A: No. All creditors must be listed in your bankruptcy petition. The debts owed to either a doctor or dentist will be discharged just like any other unsecured claim. However, if you feel that you need to continue to pay this particular creditor after you have discharged the debt, it is your right to voluntarily pay back the debts. The only difference is that the Doctor or Dentist can never demand you pay it back.
Q: Will filing bankruptcy stop creditors from harassing me?
A: Yes. Under Federal Law, once you retain an attorney all creditors must stop calling you. Once your case is filed, the bankruptcy court will issue an "automatic stay" which will immediately stop all creditor phone calls, letters and lawsuits.
Q: Can my employer fire me for filing bankruptcy?
A: No. It is illegal for an employer to fire you for filing a bankruptcy.
Q: Will filing bankruptcy take care of my back taxes that I owe?
A: Most tax debts are not discharged in a bankruptcy. Under certain circumstances some income tax debts can be discharged if they are at least 3 years old and were timely filed.