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Bankruptcy FAQ  |   Bankruptcy Myths  |  Foreclosure FAQ  |  Garnishment FAQ  |  Short Sale FAQ
 
• Bankruptcy FAQ
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Endgarnishment What does it cost?
  Why don't you offer everyone a "free consultation?"
  Do you want to get a free review of your financial situation?
  Do I Qualify for Chapter 7?
  Should you consider a Chapter 13 instead?
  What's the difference between Chapter 7 and Chapter 13?
  If I have filed Bankruptcy in the past, can I file again?
  Why might I want to file Chapter 13?
  In an emergency situation, how soon can I file?
  How long does the Bankruptcy process take?
  Is "A Fresh Start" the right law firm for my Bankruptcy?
  What does the Attorney do for me?
  Can I file for Bankruptcy by myself?
 
What does it cost?

Legal fees are based the amount of work to be done. A Chapter 7 case that requires one Court appearance costs less than a Chapter 13, which requires several Court appearances. If your income is higher than the "median amount, more legal work is required because the "long form" Means Test must be completed. The fee is also higher when a Husband and Wife file together than for a single person.

The Bankruptcy Court requires payment of a filing fee. The filing fee is in addition to the legal fee. The attorney collects this fee from you and pays the Bankruptcy Court when your case is filed.

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Why don't you offer everyone a "free consultation?"

While many high volume law firms offer a "free consultation," at "A Fresh Start," we feel that the "free consultation" is simply attorney-speak for a high pressure sales pitch. During a "free consultation," you might get answers to a few of your questions. But the answers will not be specific. The emphasis will be on giving you information about the legal fees and the payment terms.

When attorneys offer "free consultations," they must somehow make up for the people who clearly don’t qualify to file Bankruptcy or who don't come back because they don’t like the way the attorney or the support staff treats them. The obvious answer is that they make up their lost time by charging you more!

Do you want to take off work and drive across town to spend 10 minutes to just meet an attorney and get a price quote? Be realistic - you will accomplish very little in a free consultation and we will give you the same information by email or over the phone!

We answer the same type of general questions that would be covered in a "free consultation" on this web site by email, or over the phone. No one can provide specific advice without a review all of the details of your financial situation.

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Do you want a free review of your financial situation?

Go to our preferred online agency for pre-bankruptcy counseling at  www.cricketdebt.com. If you use our access code when you register, the credit counseling is free. (Click here to obtain the access code by E-mail)

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Do I Qualify for Chapter 7?

You can qualify if:

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Endgarnishment You haven't completed a bankruptcy in the past 8 years, AND
  Most of your debt is for credit cards, medical bills, repossessions, court judgments, collection agencies, broken leases, old payday loans, and bank service charges that you cannot pay, AND
  After taking allowed deductions, such as your home mortgage, your car payment, taxes, medical expenses, and various other allowed items, your family income is lower than the median or middle amount. What is that middle amount? I wish I could publish this figure on the internet, but the amount is based on statistics from the Census Bureau and changes too frequently to post. Feel free to email or call us at (702) 456-1920 and we will be happy to tell you.
AND FINALLY
  After paying all your reasonable and usual living expenses, you don't have enough money to pay debts. How much is not enough? Probably less than $100.00 each month. You cannot throw away money that you could use to pay debts by gambling or "living it up." You must show the Court you really can't pay your debts, no matter how much you want to!

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Should you consider a Chapter 13 instead? Consider it if:

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Endgarnishment You are behind on your mortgage payments or in foreclosure and could catch up and to save your home, if given enough time, OR
  Your house is worth less than the amount you owe and you don't want to keep it, but a foreclosure will give you a large tax liability, OR
  You owe your Uncle Sam a lot of money in back taxes. How much is a lot? It would depend on your income, but if you can't afford to pay it off in two years, it probably is a lot of money, OR
  You have other debts that cannot be wiped out through a Chapter 7, such as Court fines, child support, or debts relating to recent use of credit and you need time to pay these off, OR
  You have completed a Bankruptcy in the past 8 years and do not qualify for a Chapter 7, OR
  After paying your basic living expenses, you have at least $100.00 left over each month, so you don't qualify for Chapter 7. By paying just what you can afford, you will be able to wipe out all of your debts in three to five years, even if that means you pay less that 100% of your debt.

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What's the difference between Chapter 7 and Chapter 13?

The big difference between Chapter 7 and Chapter 13 is the kind of help you need and what you can afford.

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Endgarnishment Chapter 7 - this choice is best if during the past six months, your income has been average or below, and your debts are not financing the purchase of property.
  Chapter 13 - this choice is best if your income is higher than average and you can afford to pay something on their debts, even if it isn’t 100%, or if you want to SAVE something (a home, a car, or other item). If your house is in foreclosure, OR you are behind on car payments, OR you owe the IRS a lot of money, OR you have a special kind of problem that you cannot solve with a Chapter 7, you may be able to solve these kinds of problems in a Chapter 13. Even though you have to make payments for at least 36 months, a Chapter 13 can save you a huge amount of money.

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If I have filed Bankruptcy in the past, can I file again?

You must wait 8 years after filing any completed Bankruptcy to file a Chapter 7 Bankruptcy. However, you may file a Chapter 13 case at anytime and you still may be able to pay less than 100% of your debt.

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Why might I want to file Chapter 13?
Endgarnishment Your House is in foreclosure - You could catch up on payment if given enough time.
  Your Car or Truck payments are delinquent - You need a vehicle, but can't make up the back payments right now.
  Uncle Sam - You owe the IRS a lot of money and need time to take care of it to stop bad things from happening.
  Too much Income or Property - You have more income than expenses, and can afford to pay something on your bills, even if it is not 100%. Or your have property that you would have to forfeit if you filed a Chapter 7 case.
  Previous Bankruptcy - You filed bankruptcy less than 8 years ago but money troubles found you right now. Maybe your wages are being garnished and it doesn't leave you with enough money to live on.
  You have had a bad break - You have debts that cannot be wiped out in a Chapter 7 Bankruptcy, and would never be able to pay them off any other way.

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In an emergency situation, how soon can I file?

This office is available to prepare an emergency Bankruptcy case in 48 hours or less, sometimes much less if there is a true emergency. But in order to prepare your Bankruptcy, you must provide all the documents we need, complete our 4 page questionnaire and verify that we have a complete list of all your creditors.

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How long does the Bankruptcy process take?

It depends. While there is no hard and fast rule as to how long any Chapter 7 Bankruptcy case can stay open, your case could be completed as soon as 90 days after your Trustee Meeting. Since the Trustee Meeting is held about one month after your case is filed, it could be over in less than four months. But if you fail to cooperate with Trustee or ignore your attorney's instructions, your case could remain open indefinitely. Other issues may occur to delay the completion of your case, but this is unusual.

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Is "A Fresh Start" the right law firm for my Bankruptcy?

Our motto is “courteous and completely confidential.” Everyone on our staff will treat you with compassion and respect your privacy.

At "A Fresh Start," we provide a Bankruptcy package that includes personal service and extra benefits you won't find elsewhere. We represent real people who are ready to take their financial problems seriously and do something to change their life. We do not advertise on TV or have expensive advertising in the Yellow Pages. We do not waste your time with gimmicks such as “a free consultation." When you come into our office, you will be in a calm, quiet place where you will meet your attorney privately.

Dorothy, our attorney, is a calm and competent Bankruptcy attorney, having handled her first Bankruptcy case in 1979. Unlike many other lawyers, Dorothy truly understands how you feel at this difficult time.

Once your Bankruptcy is over, we will show you how to rebuild your credit.

In this way, you can truly get a fresh start and can, with time, qualify to purchase or refinance a home or buy a car from a dealer, instead of at the "second chance" lot.

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What does the Attorney do for me?

We believe your case deserves personal attention from everyone working on your case. When you retain A Fresh Start, you will meet with Dorothy, your attorney, personally and spend at least one hour going over your case. During that time, you can ask all questions pertaining to your Bankruptcy case. You may be surprised to find that Dorothy may anticipate your questions before you ask them and will raise issues that you have not considered. Before we send you your Official Bankruptcy paperwork, Dorothy has reviewed it and will advise you on any possible problems.

If you have a garnishment or lawsuit pending, we immediately contact all appropriate parties to stop the garnishment and prevent any future garnishments once your case is filed.

If you have a foreclosure pending, we immediately contact all appropriate parties to stop the foreclosure once your case is filed. If you intend to keep your home, the attorney will work with you to formulate a Plan to allow you to catch up on your back payments.

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Can I file for Bankruptcy by myself?

I understand you can just fill out pre-printed forms and save lots of money.

You can certainly file your own Bankruptcy petition, but the new laws make the bankruptcy process far more complicated than simply filling in the blanks on pre-printed forms.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 changed Bankruptcy, making it far more complicated. These changes include:


Endgarnishment A means test to determine the type of Bankruptcy you are allowed to file
  A requirement of credit counseling and debtor education
  And many, many additional details
 
Do you understand the legal ins and outs to protect yourself within the bankruptcy process? Aren't you already stressed by your current financial situation? Do you understand how to take advantage of the many loopholes provided by Bankruptcy, [but not cross the line and be charged with fraud?

If you make mistakes in your filing, your case could be thrown out and you risk having no protection. Or you could forfeit the property you thought you could keep.

If you file Bankruptcy without an attorney and contact me for help later, I WON’T BE ABLE TO HELP YOU!!! Once your case is filed, you cannot just change your mind and back out. It can be very difficult to change a case after it is filed because you submitted your Bankruptcy subject to the penalty of perjury. The most important Bankruptcy work I do takes place before the Bankruptcy paperwork is ever prepared.

Hire a qualified attorney to handle your bankruptcy filing. That attorney may be me, or it may be someone else, but I highly recommend hiring an attorney with lots of experience who actively participates in continuing education programs to keep up with all the changes to the law. I also urge you to hire an attorney who maintains a good working relationship with the Trustees and the Judges. Bankruptcy is a small field of law and everyone knows each other. You will find your experience in Bankruptcy much more pleasant if you are represented by a qualified attorney who is respected by the Court staff.

I urge you to review all the information on this site before making a decision and I look forward to your call!

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Click here or Call 702-456-1920 to contact Dorothy today for a confidential no obligation assessment.

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