Loren Datlof Attorney At Law LLC
Call  702-448-8181
Frequently Asked Questions

 

Will filing a bankruptcy petition stop a foreclosure?

Yes, bankruptcy can prevent a foreclosure of your house but you will have to be or get current on your payments if you file a Chapter 7 petition. The automatic stay stops the the foreclosure process. If you file a Chapter 13 petition, the past due payments may be built in to your payment plan which allows you to consolidate your mortgage arrears and make payments over time through a repayment plan designed by your Attorney.

Will filing a bankruptcy petition stop a wage garnishment?

Yes, the automatic stay prevents your wages from being garnished.

Will the phone calls from creditors and collection companies stop?

Yes, the automatic stay prevents them from calling or contacting you regarding your debts.  Once they are notified of your bankruptcy filing they should contact your Attorney or the trustee assigned to your case.  Failure to do so could result in penalties being assessed to your creditors.

Will filing a bankruptcy petition stop potential or pending lawsuits?

Yes, filing a bankruptcy petition will stop creditors from filing or continuing lawsuits related to debts. If the debt is dischargeable, then it may be included with the Bankruptcy.

Is alimony and child support dischargeable in bankruptcy?

No, alimony and child support are not dischargeable.

Are back taxes dischargeable in bankruptcy?

Maybe, it depends on your particular facts and circumstances including the type of tax owed, the age of tax obligation, and whether you filed a tax return.

Does my spouse have to file with me?

No, you may file seperately or by yourself, but there may be advantages to filing a joint petition.

Can I keep my home in a Chapter 7 Bankruptcy?

Yes, in most situations you may keep your primary residence in a Chapter 7 Bankruptcy.

Can I keep my car in a Chapter 7 Bankruptcy?

Yes, in Nevada you may keep one car with less than $15,000.00 in equity.  However, you will have to get current in your monthly payments.

Can I keep my house and car in a Chapter 13 Bankruptcy?

Yes, you can keep all of your assets provided that you are able to make the payments under your Chapter 13 payment plan.

 


We are a debt relief agency.  We help people file for Bankruptcy under the Bankruptcy Code.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


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