There are a lot of FAQ regarding bankruptcy. Before deciding if bankruptcy is the right type of Tucson debt relief, you may have questions that you would like answered. Below are some of the most common questions and answers to those questions. If you have additional questions, do not hesitate to contact our bankruptcy lawyer in Tucson.
(FAQ) My creditors call me constantly. What should I do? Am I required to respond to their calls?
A: Filing a bankruptcy petition immediately stops all creditors from contacting you in any way regarding your debt. In fact, alll collection efforts to collect on a debt you owe must end. If you are struggling with making monthly payments and overwhelming debt, contact our experienced Tucson bankruptcy attorneys to take a look at your debt situation.
(FAQ) What is a bankruptcy discharge?
A: A debt discharge, issued by the bankruptcy court, is the debt that you are no longer obligated to repay. Some debt may not be discharged in bankruptcy. For example, child support, student loans, certain tax debt, and spousal support. Our bankruptcy team can assess your debt and devise the best plan to eliminate your debt.
(FAQ) Will bankruptcy stop my wages from being garnished?
A: Yes. Chapter 7 bankruptcy protection offers the advantage of the automatic stay. As soon as you file bankruptcy, the automatic stay stops all creditors from collecting a debt. This also includes wage garnishment.
(FAQ) What will happen if my employer finds out I file bankruptcy. Can I be fired?
A: No. You may not be fired from your job because of a bankruptcy filing. Federal laws prevent an individual from being fired due to discrimination because of filing for bankruptcy in Arizona.
Can I keep my pets if I file for bankruptcy?
A: You should be able to keep your pets, even though you are filing for bankruptcy. Also, you will most likely be able to exempt your pets from your bankruptcy petition. In any case, you should report animals of any value on your bankruptcy paperwork (pedigree dogs, cats, horses, etc…) but the truth is you are more likely to lose a pet in a custody battle or divorce than in a bankruptcy case.
Will I have to go to court?
A: Yes. The court requires you to attend a Meeting of Creditors, or a 341 hearing. No worries, our attorneys will prepare you for this hearing and accompany you to the bankruptcy court. It is a standard proceeding in which the trustee confirms information about your bankruptcy case, assets, and may ask questions about the petition. Typically, this would be the only court appearance that is required. Also, our Tucson Bankruptcy Lawyer will be with you through this step and all the way through the bankruptcy process.
Am I eligible for bankruptcy in Arizona?
A: The most typical bankruptcy cases filed in Arizona are Chapter 7 and Chapter 13. In order to determine if you qualify for Chapter 7 bankruptcy, you must take a means test. In particular, the means test takes into account income, expenses, and your ability to pay back debt. For example, to qualify for Chapter 13, you must prove a regular source of income and the ability to pay debt through a Chapter 13 repayment plan. Specifically, our attorney will be able to asses your debt situation and determine which chapter of debt relief is best for you, and assist you in finding out for which you qualify.