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Questions

Plain answers about bankruptcy and debt

Rules differ from place to place, so treat these as a start, not advice for your case.

Will everyone know I filed?

Bankruptcy filings are public records, but nobody publishes a list your neighbors read. In practice, the people who find out are your creditors and anyone you tell.

Will I lose my house?

Most people who file keep their homes. Exemptions protect a set amount of home equity, and Chapter 13 can stop a foreclosure while you catch up.

Can I keep my car?

Usually. If you're current, you can keep paying. If you're behind, Chapter 13 can catch you up, and some loans can be lowered to the car's value.

What happens to my kids' savings and things?

Your children's own accounts and belongings aren't part of your case, and child support continues as before.

Is my retirement safe?

Retirement accounts like a 401(k), 403(b) or IRA are generally protected in bankruptcy. Don't cash one out to pay debts before we talk.

Will my employer find out?

Only if there's a garnishment to stop or a Chapter 13 payment taken from your pay. An employer can't fire you for filing.

Can I get rid of student loans?

Rarely, but not never. It takes a separate case inside the bankruptcy, and the rules have loosened recently. I'll tell you honestly whether yours is worth trying.

How soon will the calls stop?

The day the case is filed. If a collector calls after that, give them the case number and let me know.

How much does it cost?

The fee depends on the chapter and the work your case needs, and there's a court filing fee on top. You get both in writing after the free first talk, before you decide anything.

What if I've filed before?

You may still be able to file again; it depends on which chapter you filed and when. Bring the old case number if you have it.

A question that isn’t on this list?

Ask it in a free first talk. There are no silly questions here.