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What people want to know before the first call

If yours isn’t here, ask it. There are no foolish questions about money you owe.

Will I lose my house or my car?

Most people who file keep both. Exemptions protect a set amount of equity in a home and a vehicle, and the amounts depend on where you live. If you are behind on payments, Chapter 13 lets you catch up over time. We work through your figures at the first conversation.

What does the means test actually test?

It compares your household’s income over the last six months with the median income for a household your size in your state. Below the median, Chapter 7 is generally open to you. Above it, a second calculation subtracts allowed expenses to see what you could repay.

How much does it cost?

Most Chapter 7 cases are a flat attorney’s fee, plus the court’s $338 filing fee. Chapter 13 fees are set with the court and mostly paid through your plan. You get the figure in writing before you decide.

Will bankruptcy ruin my credit?

It lowers your score and stays on your report for seven to ten years. Many people who come in already have scores hurt by missed payments, though, and they often see new credit offers within a year or two of discharge.

Can I file without my spouse?

Yes, one spouse can file alone. Household income still counts in the means test, and shared property raises questions we should go over together.

Will my employer find out?

Not from me, and the court doesn’t notify employers. If your wages are being garnished, the payroll office will learn the garnishment has stopped.

Which debts can’t bankruptcy clear?

Child support and alimony, most student loans, recent taxes, criminal fines and debts from fraud usually survive. Before you file, I’ll tell you which of yours would remain.

Do I have to go to court?

Usually only once, for the meeting of creditors. A trustee runs it, not a judge, and it is often held by video. I’ll be there with you.

If the answer you need isn’t above

Write it down and send it. I’ll answer it myself.