Frequently Asked Questions
Can a foreclosure be stopped, and can I save my home?
Stopping foreclosure is another positive side effect from filing for Bankruptcy. If your house is being foreclosed on, due to a failure to make mortgage payments, the filing of a Bankruptcy will put a hold on the process. This occurs in both a Chapter 7 Bankruptcy, and a Chapter 13 Bankruptcy. If the Bankruptcy filing …(read more)
Can filing for Bankruptcy stop a wage garnishment?
Wage garnishment is a State Court Order issued to an employer which allows a creditor to have part of your income taken from your pay to satisfy a judgment for a debt. The creditor must have a Court ordered “judgment” to legally have your income taken by way of garnishment. This money is then sent …(read more)
Can filing for Bankruptcy stop creditor harrassment?
Filing for Bankruptcy puts into effect an “Order for Relief” — known informally as the “automatic stay.” The automatic stay immediately stops most creditors from trying to collect what you owe them. Prohibited Acts By The Creditor Beginning or continuing law suits Collection calls Repossessions Foreclosure sales Garnishment or levies The automatic stay remains in …(read more)
Can taxes I owe to the IRS and/or the State of Indiana be eliminated in a Bankruptcy?
As a general rule taxes owed to the Federal and State taxing authorities are not dischargeable in bankruptcy. One exception to that rule is for “income tax” liabilities. If you meet the following rules, you can discharge Income Tax obligations: The tax is a personal Income Tax. [ie. not sales tax, not a withholding tax, …(read more)
Can debts I am ordered to pay under my Divorce Decree be eliminated?
One of the largest causes of Divorce is poor financial condition. When families with poor financial conditions break up, the end result is more financial pressure. This added financial pressure arises from the loss of two household incomes to support one household, followed immediately by the break up of the two incomes with the need …(read more)
Can I eliminate a 2nd Mortgage, or Home Equity Loan, on my home?
Over the last several years the banking industry made too many 2nd Mortgage Loans, and Home Equity Loans, with the end result that these loans caused the total mortgage debt a home to exceed the actual value of the home. In addition, the recent depreciation in home prices has caused the true value of many …(read more)
Is a Debt Settlement Agency a better option than Bankruptcy?
Every day I ride home from work, and while listening to the radio I hear the many and varied “Debt Settlement” program advertisements. Every day at work I meet with people who are seeing me with a need to file for Bankruptcy. An increasing number of the people I meet with, and who are now …(read more)
What is Chapter 7?
Chapter 7 Bankruptcy is sometimes called a “liquidation” bankruptcy — in general, most of your debts will be cancelled; however, if you have too much income, or too much “equity” in property, you may be forced into a Chapter 13 Bankruptcy. In a Chapter 7 Bankruptcy, with certain exceptions, nearly all debts can be cancelled. …(read more)
What is Bankruptcy?
In general, Bankruptcy is a legal process in which an individual [Joint if it is a Husband & Wife] seeks to control creditors, and/or, permanently eliminate liabilities to creditors. The control over creditors may be to seek the elimination of debt altogether, or it may be pay creditors through the Bankruptcy process where the rights of your creditors are modified. Even where …(read more)