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How long will it take me to reestablish good credit?
We have found that if you keep current on your bills after bankruptcy,
you can establish good credit within 18 to 24 months.
How long will the bankruptcy be reported on my credit report?
This question comes up all the time, and it is perhaps the most
confused area in all of Bankruptcy. There will be an entry on your
credit report showing "Bankruptcy" and showing the date
you filed. It will remain on your credit report for 10 years. (7
years in the case of a Chapter 13 bankruptcy)
This is so, because the credit reporting agencies are allowed by
law to report your bad credit information for up to 10 years. Therefore
it is important that the "Bankruptcy" entry be on your
report for that same period of time. If it were not, anyone pulling
a credit report on you during that time would see all your old bad
credit information but would not see that it had been forgiven by
the Bankruptcy.
So, having it on there for that period of time is a good thing.
It proves that the debt has been wiped out and is no longer owed
by you.
Can
I keep certain credit cards or other debt even though I'm filing
a bankruptcy?
Yes. You can keep secured debt, such as your
home and car as long as you indicate your intention to do so in
the bankruptcy petition. As far as credit card debt, you must list all of your existing credit card debt and you will be forgiven it. You can keep your debit card and use that. Many of those have credit card privileges attached to them
Since you are a better risk to the credit card companies after bankruptcy, they will send you credit card offers immediately after you file bankruptcy.(You will not believe how many you will get! ) We usually recommend that you do keep at least one credit
card so that you can
book airline tickets or rent a car in case of an emergency.
Will
I qualify for a bankruptcy?
Bankruptcy is not like applying for a loan or a scholarship. You
don't have to qualify for anything.
It is your right under the Constitution of the United States and
you cannot be denied it unless you are acting illegally, or are
acting in bad faith.
In certain Chapter 13 cases, the Court may feel that your Plan is
not feasible, that is, you don't have enough money or income to
make it work. Then your bankruptcy would be denied. This, however,
is the exception, rather than the rule.
If
my Chapter 13 doesn't work can I convert to a Chapter 7 and get
rid of all my debt?
Yes.
You have that absolute right by law, and it cannot be taken away
from you.
I've
seen all sorts of prices and fees for filing a Bankruptcy. How do
I know if I'm paying too much or too little?
Obviously,
everyone wants a bargain. But in Law, particularly in specialty
areas of Law, such as Bankruptcy, you usually get what you pay for.
Questions
you should ask a prospective attorney are:
Do you charge a "flat fee".
Is everything included?
Do you have extra charges for additional
creditors or additional letters or calls you have to
make?
Will I be given advice by an attorney
or turned over to a legal assistant or secretary?
Will you, the attorney, be with me at the meeting i must
go to, or will I be there with somebody else?
Can I visit you as much as I want or call you as much
as I want without any extra charges?
Is this all you do in your law practice or do you do other
things? (In other words, "Are you a specialist who
does this all the time?")
These
questions are critical!
Remember,
you're probably only going to do this once in your lifetime. You
want to do it right. You want to be represented by someone who does
it all the time, who is current on the law, who is familiar with
all the procedures and who will advise you and be with you every
step of the way.
Don't
accept anything less!
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