FAQs

The Law Office Of Bradly E. Allen

Have a law-related question? The Law Office Of Bradly E. Allen has the answer. Check out these FAQs and give us a call today for more information!

  • How do I know if chapter 7 or chapter 13 is best for my situation?

    Chapter 7 and Chapter 13 bankruptcy are two distinct legal processes that offer debt relief in different ways. 


    Chapter 7 involves the liquidation of nonexempt assets to repay debts, while Chapter 13 allows for the creation of a repayment plan spanning three to five years. 


    Choosing the appropriate chapter depends on various factors. The means test determines eligibility for Chapter 7 based on income, while Chapter 13 requires the ability to make monthly payments. 


    Chapter 7 effectively discharges unsecured debts, while Chapter 13 assists in catching up on secured debts like mortgages and car loans. 


    Considerations such as income, assets, debt types, and goals play a role in determining the suitable option. 


    Consulting with a bankruptcy attorney is crucial to comprehensively assess your circumstances and protect your rights throughout the bankruptcy process.


    Here are some examples of situations where you might want to consider Chapter 7:

    • You have lost your job and have no income to pay your debts.
    • You have a lot of medical debt that you cannot afford to pay.
    • You have credit card debt and personal loans that you cannot afford to pay.
    • You have no assets or very few nonexempt assets.

    Here are some examples of situations where you might want to consider Chapter 13:

    • You have a mortgage and want to keep your home.
    • You have a car loan and want to keep your car.
    • You have student loans and want to repay them over time.
    • You have back taxes that you owe.
    • You have child support or alimony obligations that you need to meet.
  • Can I file bankruptcy and still protect my house?

    Absolutely, it is possible to file for bankruptcy and safeguard your house. In fact, numerous individuals seek bankruptcy protection specifically to prevent foreclosure and preserve their homes.

  • Can I file bankruptcy more than once?

    Indeed, it is possible to file for bankruptcy more than once. However, there are specific limitations and potential consequences associated with filing multiple bankruptcies.


    The frequency at which you can file for bankruptcy depends on the type of bankruptcy you previously filed. If you previously filed for Chapter 7 bankruptcy, there is an eight-year waiting period before you can file for Chapter 7 again. In the case of Chapter 13 bankruptcy, you must wait six years before being eligible to file for Chapter 7.


    If you previously filed for Chapter 13 and received a discharge, you can file for Chapter 13 again immediately. However, if you didn't receive a discharge in your prior Chapter 13 case, a waiting period of two years is required before you can file for Chapter 13 again.


    It's important to be aware of these timeframes and consult with a bankruptcy attorney to fully understand the implications of filing multiple bankruptcies.

  • What kind of debts can be included in a bankruptcy?

    A wide range of debts can be included in a bankruptcy filing, encompassing various types, such as:

    • Credit card debt
    • Medical debt
    • Personal loans
    • Unpaid utilities
    • Phone bills
    • Judgments resulting from unpaid credit card debt, medical bills, or other unsecured debt
    • Student loans (in rare cases)
    • Business debts (for sole proprietors)

    However, it's important to note that certain debts cannot be discharged through bankruptcy, including:

    • Alimony and child support obligations
    • Specific unpaid taxes
    • Debts arising from willful and malicious harm to others or their property
    • Court-ordered compensation for personal injury
    • Payments mandated by a court in family proceedings or divorce cases

    Understanding which debts can and cannot be discharged is crucial when assessing the potential impact of a bankruptcy filing.


    Consulting with a bankruptcy attorney can provide clarity and guidance tailored to your specific situation.

  • If my husband and I agree on a divorce do we have to go to court?

    If you and your spouse are in agreement regarding all aspects of your divorce, it is possible to avoid court proceedings. By opting for an uncontested divorce, you can streamline the process and expedite its resolution.


    To initiate an uncontested divorce, both you and your spouse will need to sign a settlement agreement. This document will delineate the terms of your divorce, covering areas such as child custody and support, property division, and potential alimony arrangements.


    Once the settlement agreement is signed, it must be filed with the court for review. If the agreement is deemed fair to both parties, the judge will sign a decree of divorce, officially finalizing the divorce.


    Many couples choose to engage the services of a mediator to facilitate the negotiation of the settlement agreement. A mediator serves as an impartial third party, assisting in effective communication and helping you and your spouse reach a mutually agreeable resolution.


    Opting for an uncontested divorce when you and your spouse are in accord allows you to save time and money. However, prior to initiating the divorce process, it is crucial to consult with an attorney to ensure that you are fully aware of your rights and available options.

  • How long does it take for a no-fault divorce?

    The duration of a no-fault divorce can vary, typically ranging from 2 to 6 months, contingent on the state of residence and the intricacy of the case. However, if you and your spouse are in agreement on all divorce terms, the process can be expedited significantly. By reaching a mutual understanding and consensus, finalizing the divorce can occur much more swiftly.

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