FAQ #11: Do I have to tell the Bankruptcy Court about cash?

Yes. In order to file for bankruptcy, all assets must be discharged. This includes cash, accounts receivable, promises to pay, the contents of a safe deposit box, etc. Bankruptcy is not a "pick and choose" proceeding. You cannot not disclose some assets and fail to disclose others. Intentionally omitting assets from your bankruptcy case may result in the denial of your bankruptcy discharge, the dismissal of your bankruptcy case, fines, or imprisonment for bankruptcy fraud.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #10: Do I have to include all my bills when I file bankruptcy?

Yes. Every debt you owe must be completely and accurately disclosed in the documents filed to commence your bankruptcy case. Bankruptcy is not a "pick and choose" proceeding. You cannot not put some debts in and leave other debts out. Intentionally omitting debts from your bankruptcy case may result in the nondischargability of those debts, the dismissal of your bankruptcy case, fines, or imprisonment for bankruptcy fraud.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #9: Will My Name Appear in the Newspaper if I file bankruptcy?

No. While bankruptcy is a matter of public record, your name will not be published in the paper. Certain redacted records are available at the bankruptcy court, but can only be obtained in person. However, certain issues which commonly arise in the context of bankruptcy, such as foreclosure, do require the publication of a legal notice, often in the local newspaper serving the debtor’s residence.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #8: How much debt do I have to have to file?

The bankruptcy code places no minimum amount of debt required to file for Chapter 7 or Chapter 13 bankruptcy. When considering whether or not to file it is important not to pay attention only to the total debt figures, but also consider the debtor’s ability to repay the debt versus the potential benefits of bankruptcy, such as the automatic stay (which can prevent further collection action, stops lawsuits, halts foreclosure and can prevent repossession). In addition, in some cases, bankruptcy may successfully protect someone who owes unliquidated or contested debts – even if those debts have not been ultimately reduced to a dollar figure.

Chapter 13 places certain restrictions on the amount of debt that can be discharged. Under the current limits, a Chapter 13 bankruptcy will be dismissed if the debtor has unsecured debt greater than $360,474 and/or secured debt greater than $1,081,400 (as of April 1, 2010).

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #7: Will bankruptcy show up on a background check for a job or security clearance?

A bankruptcy filing creates a court case in the Bankruptcy Division of the Federal District Court. The existence of a court filing in any court is a matter of public record, so there will be a public record of a bankruptcy filing. However, this does not necessarily mean that the information will be easily obtainable by the general public. For example, in order to view bankruptcy case documents, one must either go to the Federal Bankruptcy Courthouse in the district where the case was filed, or have the requisite credentials to obtain a PACER account (on-line access to Federal Court records).

Third-party agencies can determine that a case was filed through various public records search engines. Credit reporting agencies (Equifax, TransUnion and Experian) are able to obtain similar information. However, the technologies to obtain wide-reaching searches for court filings (including bankruptcy) are not readily available to the general public because of their cost. Therefore, whether or not a bankruptcy will “appear” on a background check largely depends on the type and thoroughness of the background check.

Many employers simply run a criminal offender records check (commonly called a CORI check in Massachusetts), and the CORI report will not make mention of a bankruptcy. However, more involved background checks may require the evaluation of a credit report, which, if so, would mean that the bankruptcy would be visible during a background check. Background checks for compartmentalized security clearance requests (for DOD or Law Enforcement employment) will also contain financial information, including bankruptcy.

Just because a bankruptcy is visible on a background check doesn’t necessarily mean it will have an affect on the employer’s decision, especially if you have disclosed this to them already. For example, many employers, including the U.S. Military do not view bankruptcy as a basis for the automatic withholding of a security clearance.

The status of a security clearance (or the ability to obtain a clearance) can be affected, but it is not automatic. The outcome depends on the circumstances that led up to the bankruptcy and a number of other factors, such as your job performance and the recommendations provided by supervisors, co-workers, and professional references.

The employer should evaluate whether the bankruptcy was caused primarily by an unexpected event, such as medical bills following a serious accident, or by financial irresponsibility. As a practical matter, a security clearance probably should not be a significant factor in making your decision about whether to file bankruptcy. The amount of your unpaid debts, by itself, may jeopardize your clearance, even if you don't file bankruptcy. In that sense, not filing for bankruptcy may make you more of a security risk due to the size of your outstanding debts. By the same token, using a government-approved means of dealing with your debts may actually be viewed as an indication of financial responsibility. Eliminating your debts through bankruptcy may make you less of a security risk. (Source: U.S. Air Force Judge Advocate)

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #6: Can I buy a house, car or get credit cards after I file bankruptcy?

Once your bankruptcy case is concluded, there are no restrictions on property that you may own or purchase. Any property that is acquired during the bankruptcy proceeding (the period between filing and the closing of the case) must be disclosed to the bankruptcy court by amending the bankruptcy schedules, but after the discharge these limitations cease.

Similarly, you may incur new debt, however, any debt that is obtained after the date of filing is not included in the discharge. As a general rule, it is advisable to not incur any new debt or acquire any new assets until you receive your discharge from the bankruptcy court.

Once you have your discharge, just because you may borrow money or purchase assets, does not mean it will be easy. Bankruptcy filing makes it difficult to obtain the credit required to purchase these items, for some time. Because bankruptcy (and often, the financial difficulties which gave rise to a bankruptcy filing) will make it difficult to obtain credit, many people will be unable to purchase a new home or car, or obtain a credit card for a period of time after bankruptcy.

Taking steps to repair credit (such as establishing a good repayment history on reaffirmed debts or a secured credit card, maintaining a cash reserve, paying debts on time, and borrowing and repaying a small personal loan) can accelerate credit repair. If you take the proper steps to rebuild your credit following bankruptcy, you may be able to qualify for an unsecured credit card, car loan or mortgage in as little as 2 years after your discharge. Eventually, if you budget correctly and manage your credit after your bankruptcy better than before, you will be able to purchase a new home and/or car.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #5: Can I file bankruptcy without an attorney?

Yes. If you decide to seek bankruptcy relief, you can represent yourself in all matters connected with the bankruptcy, or you may hire an attorney to represent you. Additionally, you may hire a bankruptcy petition preparer who is not an attorney. However, a paid bankruptcy preparer may only assist you in preparing the appropriate bankruptcy forms, petitions, schedules and disclosures, and may not represent you in bankruptcy court.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #4: What does it cost to file for bankruptcy?

Court filing fees (the fees for filing your petition) for bankruptcy vary depending on the chapter you are filing under, but initially plan on $274.00 for Chapter 13 and $299.00 for Chapter 7. If you need to change your petition after it is a filed, there is an additional $26.00 filing fee.

In addition to court fees, there will be legal fees, i.e. what you pay to your Bankruptcy Attorney to analyze your case, review your purchase history to avoid non-dischargability issues (meaning you still owe money to a creditor after bankruptcy), make recommendations regarding when you should file and under which chapter, preparing your petition, schedules and disclosures, and representing you at the §341(a) Creditor’s Meeting. Each attorney offers slightly different services, and charges different amounts. You should speak with your attorney to understand his or her fee structure, and always get the fee agreement in writing.

At Kelsey & Trask, P.C. our fees are calculated based on how complicated the case is and we have provided a simple online calculator for you to easily determine the flat fee for your case.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #3: Will bankruptcy hurt my chances of co-signing for my children’s student loans?

Generally, any time a loan is applied for, the lender will evaluate the creditworthiness of both guarantors. An adverse credit history of one co-signer may result in the denial of the loan. However, the ability of a parent to co-sign their children’s loans (including student loans) largely depends on the lender and the type of loan.

For example, a parent may be able to co-sign for Stafford Loans (federally guaranteed student loans) shortly after bankruptcy, but will have difficulty co-signing a PLUS loan if less than 5 years have passed since discharge. These requirements are built into the lending structure for student loans, and reflect the individual requirements for each financing option. In other words, it depends on the loan and you should consult with a college financial aid expert or an attorney.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #2: If I have a co-signer, will their credit be affected?

A co-signer is an individual who is promising to repay a loan in the event the primary borrower defaults. If the primary borrower defaults (or files bankruptcy), the co-signer will be required to pay the loan back. As long as the co-signer repays the loan pursuant to the terms of the agreement, their credit will not be affected. However, many loans include an acceleration clause, meaning that if one of the borrowers files bankruptcy, the entire balance of the loan is due. If the lender exercises their right to accelerate the loan, the co-signer may not be able to make regular monthly payments.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

FAQ #1: How will filing bankruptcy affect my credit?

Over the next few months we are going to post on this site the questions that our clients and potential clients ask.

Bankruptcy can be a confusing and scary process. But it doesn't have to be! At Kelsey & Trask, P.C. we work hard to makes sure our clients understand the process so they can stop the collection calls and move on with their life. If you want to move on with your life too, then take charge and get your questions answered. Check back often to find answers to the 25 most common questions that we receive, presented in no particular order:

FAQ #1: How will filing bankruptcy affect my credit?

Put simply: filing bankruptcy will hurt your credit. According to the credit reporting service freecreditreport.com, your credit score (FICO Score) will decrease between 85 and 105 points if your credit is poor, and between 140 and 160 points if your credit is good or excellent. While this seems significant, for most consumers, this is not significantly worse than a missed credit card payment, which, even if it happens once, can lower your score between 60 and 80 points for poor credit, and 90 to 110 points if your credit is good.

The fact that you filed for bankruptcy will appear as a “public records” entry on your credit report for up to 10 years, and individual debts that were discharged in bankruptcy will remain on your credit report for 7 years after discharge. The discharge date is different depending on the type of bankruptcy you file. In a Chapter 7 case, your discharge is granted approximately 5-6 months after filing; in a Chapter 13 case, your discharge is granted between 3 and 5 years after filing, depending on your plan terms.

However, if you take the proper steps to rebuild your credit following bankruptcy, you may be able to qualify for an unsecured credit card, car loan or mortgage in as little as 2 years after your discharge.

If you don't see your question and would like more information please do not hesitate to call us at 508.655.5980, e-mail us, or attend one of our weekly Free Debt Relief Clinics.

Do I have to report loans that I Co-signed for in a Bankruptcy?

In bankruptcy you are required to disclose all of your assets and liabilities. A loan that you co-signed for is a liability. Even though you may never be asked to pay the loan, if the primary borrower makes all necessary payments, you are still liable for the loan and must report it.

When you file for bankruptcy you are required to disclose if any of your debts have co-debtors, as well. A co-debtor is someone who also agreed to pay that debt, in this case the primary borrower. Even if the debtor is discharged of their obligation for a debt, the primary borrower will still owe the debt.

In many cases, the filing of bankruptcy of one of the borrowers, even a co-signor, will constitute a default on the loan and the creditor can then accelerate the loan against the primary borrower if the debtor does not reaffirm. Accelerating the loan means that the lender requests full payment or in the case of a mortgage, forecloses. Despite this ability, in most cases lenders will not accelerate a loan, but will allow it to remain under the current terms if the primary borrower continues to make timely payments.

If you are a primary borrower on a loan and the co-signer is filing for bankruptcy, you should consult with an attorney about what your rights and obligations may be. It is important that you at least find out whether or not the co-signer intends to reaffirm their obligation to the creditor or whether you will be left owing the full amount yourself.