All the information, articles, and tools that you need when facing debt and bankruptcy!

Wednesday, March, 10th, 2010

Bankruptcy Questions And Answers

Q: My brother cosigned a loan for me, if I file bankruptcy will he have to pay it?

A: Your cosigner will become responsible for the debt. Remember, however, that unless you list your cosigner as a creditor in your filing, they can file a claim against you.

Q: If I file bankruptcy, will I lose my house?

A: When you file bankruptcy, you are allowed some exemptions. In most cases, up to $100,000 in equity is exempt. The equity is calculated based on the expected amount that would be received in forced liquidation, not necessarily the fair market value of the house.

Q: Will my employer be notified that I've filed bankruptcy? Can I be fired because I've filed?

A: If your employer is not listed as a creditor in your filing, he will not be notified that you've filed. You are protected from firing under the bankruptcy discrimination law.

Q: My wages have been garnished. Will bankruptcy stop the garnishment?

A: Yes, garnishment will cease when you file for bankruptcy protection.

Q: What debts can't be discharged by bankruptcy?

A: Bankruptcy can't wipe out all debt. The following debts can't be discharged:
  • Non-dischargeable debt from previous bankruptcy filings
  • Liability resulting from driving while intoxicated
  • Taxes
  • Criminal fines
  • Student loans
  • Spousal and Child Support
Q: There is a civil judgement against me. Will bankruptcy stop it?

A: In most cases, civil judgements are erased by bankruptcy filing.

Q: I am divorced, will I still have to pay back debts incurred while I was married?

A: You will be relieved of repayment of most community debts, however your former spouse will still be responsible unless your spouse also files bankruptcy.


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