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Frequently Asked Questions About Bankruptcy

Is it hard to file for Bankruptcy?

Will I lose my house or vehicle?

I'm married, does my spouse have to file bankruptcy with me?

I've filed Bankruptcy before, can I file again?

Will all of my debts be forgive if I file for Bankruptcy?

Will I have to attend a Court hearing?

My house is in foreclosure, can I save it?

Do I have to list all of my debts?





Q: Is it hard to file for Bankruptcy?

This answer depends upon the case. The bankruptcy code is complex, however, with the assistance of an experienced attorney, the process will be simple.


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Q: Will I lose my house or vehicle?

No. The bankruptcy laws allow for you to exempt and protect certain kinds of property. If you are delinquent in your house or vehicle payments, a Chapter 13 repayment plan will allow you to keep the property and catch up the payments over time.


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Q: I'm married, does my spouse have to file bankruptcy with me?

No. Often married couples have joint debts so it may be beneficial for both to file, however, it is not required.


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Q: I've filed Bankruptcy before, can I file again?

Yes. You can file for Chapter 7 bankruptcy once every eight years. There is no wait for filing another Chapter 13 case, though your ability to discharge debts may be impacted.


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Q: Will all of my debts be forgive if I file for Bankruptcy?

No. Congress has designated some debts as non-dischargeable. These debts include back child support, student loans and some taxes. You will need to consult with your attorney as to which debts you will still owe after your case is completed.


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Q: Will I have to attend a Court hearing?

Yes. Every individual that files for bankruptcy must attend a Meeting of Creditors. The meeting is run by a Trustee.


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Q: My house is in foreclosure, can I save it?

The filing of a bankruptcy case stays or stops most legal proceedings, including foreclosre of your home. Most individuals facing foreclosure file a Chapter 13 case which allows for repayment of your arrearage over a 3 to 5 year plan. If a foreclosure sale is pending, ACT QUICKLY! Your case must be filed before the sale takes place to stop the foreclosure.


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Q: Do I have to list all of my debts?

Yes. You must list all debts owed at the time of filing.


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Bankruptcy Law News

Padgett and Robertson assist clients with Bankruptcy, Personal Bankruptcy, Consumer Bankruptcy, Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and The New Bankruptcy Law in Mobile, Alabama and throughout southern Alabama. Alabama State Bar Association Regulations require the following: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." 11 U.S.C. 528 of the U.S. Bankruptcy Code requires the following: "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”



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4317 Downtowner Loop N., Mobile, AL 36609
| Phone: 251-342-0264

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