FAQ

FAQ (Frequently Asked Bankruptcy Questions)

 

Q:  Will the filing of a Chapter 7 stop my wages from being garnished?

A:  When you file for Chapter 7 protection in Phoenix, Arizona one of the great advantages is that an automatic stay takes affect as soon as the case is filed. The automatic stay prohibits any of your creditors from taking any steps towards collecting a debt, including garnishing your wages.

 

Q:  Can I be fired from my job for filing bankruptcy?

A:  No, you can not be fired from your job because you filed for bankruptcy. There are federal laws that prohibits the firing of individuals due to discrimination for filing for bankruptcy in Phoenix, Arizona.

 

Q:  If I have filed a Chapter 7 previously how long do I have to wait before I can file another one?

A:  If you have previously been discharged in a Chapter 7 bankruptcy, you must wait eight (8) years from the date of the filing of the previous bankruptcy before you can file bankruptcy again.

 

Q: Do I have to go to court in order to file for bankruptcy?
A: Yes, the law requires that you attend a Section 341 (Meeting of Creditors). This hearing is conducted by the bankruptcy trustee assigned to your case. At this hearing, the trustee will ask you questions about your petition, assets, and liabilities. In most cases, this court appearance is the only one required, and you will not even see the judge assigned to your case. Your Phoenix bankruptcy lawyer will attend your 341 Hearing with you to protect your interests. Our Phoenix bankruptcy law firm is there for you every step of the way throughout your bankruptcy filing.

 

Q: If I file for bankruptcy, will I be able to keep my pets?
A: Yes, you should be able to keep your pets even though you are filing for bankruptcy. Although you should report animals of any value on your schedules such as:  pedigree dogs or cats, horses etc., you will most likely be able to exempt your pets from your Phoenix bankruptcy petition and be able to keep your pets.  You actually would have a better chance of losing your pets in a divorce or a custody battle than you would in declaring bankruptcy.

 

Q: Can I purchase real estate after I file bankruptcy?
A: Yes, but you may have to wait before buying. When buying a house, it is often wise to wait the two years to rebuild your credit and save for a down payment. Lenders do not usually take bankruptcies into consideration as long as you have waited for at least two years after your bankruptcy discharge to apply for a loan. You may face higher interest rates because of the bankruptcy filing but you should be able to again buy real estate.