General Inquiries Personal Bankruptcy Wills, Trust, Estate Planning


Will I ever be able to get credit again?

Yes.  In two to three years after receiving your Bankruptcy Discharge you should be able to reestablish your credit and receive attractive financing if you are in the need to purchase a vehicle or a principal residence.  A few pointers to expedite this is to obtain a secured credit card to use which will help quickly boost your credit rating.  Also, remaining current on utilities and any obligations that survived bankruptcy will help reestablish your credit.  Please be aware of interest rates when reviewing credit offers. Do NOT jump at credit offers immediately after receiving your Discharge!


Can I discharge my student loans?

No.  In very extreme circumstances, you may be able to obtain a hardship discharge for student loans, but this is very rare.

How can I pay for bankruptcy if I can not pay my creditors?

Tax refunds, eliminating unsecured debt payments once you are certain you will be filing bankruptcy and using these funds to paying for bankruptcy fees, friends and family members may help with your fees.

Can I keep my car/house and still file for bankruptcy?

Yes, you normally may keep these assets.  If you file a Chapter 7, the equity in these assets would need to be protected AND you must remain current on these payments to keep your car and home.  In a Chapter 13, the car payment normally is placed in your bankruptcy plan, however your ongoing mortgage payment would be made direct to your mortgage company.  Any prepetition mortgage arrears in a Chapter 13 may be added to your bankruptcy plan.

Will my employer find out I filed for bankruptcy?

Your employer will only receive notice if they are a creditor and you owe them money.  Otherwise, they will not receive notice of the filing.  However, bankruptcy is public record, and  an employer can obtain this information either by viewing a future credit report or searching the federal bankruptcy web site - should they go to these lengths.