Many debtors file bankruptcy to delay foreclosure or eviction and it works, but that is not a good reason for filing. If you file bankruptcy, do so in good faith and do not try to abuse the system.

Immediately upon the filing of the bankruptcy petition, all creditors must stop any collections against you. The Bankruptcy Court issues what is called an "automatic stay. " This means that by order of the Bankruptcy Court all garnishments must cease and creditors may not take any further action on any lawsuit pending against you. The Bankruptcy also stops repossessions, foreclosures, harassing telephone calls and mail collections. See similar questions...

A bankruptcy stays on the credit report for 10 years. Collection accounts and all other credit report information stay for 7 years. Recency is a large determinant of credit score results. Having a prior bankruptcy is not always a stumbling block toward getting a home loan, especially if it occurred more than three years in the past. See similar questions...

After you have been sued for a debt and the creditor has obtained a judgment against you, the next step the creditor will take is to attempt to seize your bank account or wages (called a "garnishment"), seize any other property you may own, or put a lien on your real estate by filing their judgment at the Register of Deeds. There are nonbankruptcy steps you can take to protect your property from your creditors. If this applies to you, make sure we discuss it during the first interview. See similar questions...

YES! Filing the bankruptcy petition in the bankruptcy court automatically stays (stops) all of the listed creditors from trying to collect the money owed them. There are some creditors (such as secured creditors on your house, car, etc.) that you will need to pay, if those creditors have a valid lien on your property, and you want to keep that property. See similar questions...

You are required to list all creditors. If you intentionally omit a creditor from your schedules, it is perjury and you may lose your bankruptcy discharge. However, if a creditor is not known to exist at the time the schedules are filed, you may amend your schedules at any time the case is open to add an additional creditor. See similar questions...

A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at www.uscourts.gov/bkforms/index.html. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file. See similar questions...

A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy. See similar questions...

There are several ways in which the creditor can then proceed to collect his money. One way is to serve a garnishment order on your employer or bank. Another is to execute a judgment lien against your real estate or personal property. The creditor may seek out any assets that you may have that could satisfy the judgment against you. See similar questions...

You can file an amendment to your schedules up to a certain time before discharge. If the amendment is timely filed then the omitted creditor is added to the bankruptcy. It is perjury to intentionally omit a creditor. However, if you do not know that a creditor exists and there are no assets for your creditors, the debt will be discharged. See similar questions...

Answer: Yes, the child attending school may apply for services if there is a valid support order that orders support for that child. See similar questions...

Generally, yes. Even if you are paying a court ordered judgment that debt can usually be discharged. If the creditor filed a lien on your house or vehicle your attorney may be able to remove the lien as well. Consult a qualified bankruptcy attorney about your particular case. See similar questions...

The creditor needs to consider the costs involved with pursuing a judgment. Even when attorney fees are contingent upon recovery, additional expenses include court costs and in some cases third party services for investigators, consultants and experts. Further, the creditor should consider the potential expense of defending a counterclaim. Another issue to be considered in deciding whether or not to pursue a judgment is the likelihood of a recovery from the debtor once you obtain your judgment. See similar questions...

Post judgment motions must first be served on the New York County District Attorney's Office, located at One Hogan Place, New York, N Y 10013, then filed with the Motion Support Unit of the Supreme Court located at 100 Centre Street, Room 1007, New York, NY 10013, (646) 386-3860. See similar questions...

Once a bankruptcy is filed, all collection activity against that debtor must be halted under an automatic Stay Order. The Sheriff does not halt collection efforts unless written notification of the bankruptcy is supplied to the Civil Division. The Civil Division verifies the bankruptcy and issues a release of the garnishment or collection efforts to the employer. If a plaintiff is not included as a debtor in the bankruptcy, that plaintiff must seek relief from the bankruptcy court. See similar questions...

Current law permits individuals to file their own cases and to represent their own interests in bankruptcy proceedings. However, it may not be wise for you to do so. Any bankruptcy case can become a complicated matter requiring both knowledge of the law and experience before the court to successfully complete. See similar questions...

Upon filing the original petition with the Clerk's Office, the "automatic stay" immediately takes effect and prohibits all creditors from taking certain collection actions against the debtor or the debtor's property. Although the stay is automatic, creditors need to be advised of the stay. See similar questions...

Any individual can file their own bankruptcy proceeding. This is called filing in pro per. If a person wishes to spend enough time learning about this area of the law, they can probably get through a simple bankruptcy filing. However, individuals with assets or problem debts are foolish to try to go it alone as they will most certainly harm themselves financially as a result. See similar questions...

This is a decision that needs to be made after careful consideration. You should consult with an attorney to determine if your case qualifies for bankruptcy or if there are any other avenues you could take to avoid bankruptcy. Griffeth Law Offices does not charge for an initial consultation to discuss bankruptcy cases. See similar questions...