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In the overwhelming majority of cases, no. A chapter 7 requires that you attend an out of court hearing called a 341 meeting, but this is not before a judge and not in a courtroom. A bankruptcy administrator asks you a few questions under oath. Currently most of these meeting are being done remotely; over the telephone or via zoom.
Up to 10 years
These are secured debts. Provided you continue to make your payments on the debts and execute a reaffirmation if needed you will be able to keep the property.
There are some debts that may not be discharged. Some of these include debts for court ordered support such as child or spousal support, fines and fees imposed by the government, most student loans under ordinary circumstances, debts incurred from fraud, DUI related debts causing injury, and some tax debts. This area of the law can be complicated and your attorney will go over everything carefully with you.
Having your credit improve after bankruptcy is something that begins immediately. Getting rid of all the negative debt is the beginning of your fresh start. Many of our clients have told us that they have their credit healthy again within a few years after bankruptcy.
The answer is simple. Have your bankruptcy attorney dig into them! Once you hire us we can contact your creditors to have them stop bothering you immediately, If they persist after the filing they can get into a heap of trouble and can be sanctioned; but hiring us will put a stop to the bothersome communications now.
Yes, but there ability to do so is limited to certain circumstances such as fraud. 99% of the time we don't encounter creditor objections because they are very hard to win. Most creditors will never be heard from in the typical chapter 7 bankruptcy.
A routine chapter 7 lasts approximately 3 and a half months. The discharge comes at the very end of your bankruptcy in the mail directly from the bankruptcy court.
It is frequently the case that a married couple will file bankruptcy together, known as a joint bankruptcy. This provides that debt is eliminated for both parties. It isn't always the case that this is necessary however, or even desirable. If all the debt is on one spouse and the other spouse has excellent credit, for example, It may be better to have the indebted spouse file alone. We'll look at everything and have your filing reflect what's best for you.
Law Office of Charles Martin
17461 Irvine Blvd Ste F Tustin CA 92780
Phone: 949-678-4579 e-mail: cpwmartin@aol.com
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