Preparing for your Bankruptcy Consultation

Your initial bankruptcy consultation

If you haven’t yet contacted a bankruptcy attorney to talk about your case, read our review of Legal Helpers, then you can fill out a simple 5 step online evaluation form and be contacted by a bankruptcy attorney in your local area to discuss your case for free. If you want to skip the review, you can go directly to the bankruptcy evaluation form.

This initial consultation with your attorney is a very important step in your process of filing for bankruptcy, this is an opportunity to really understand the process and get a very good feel for what you can expect. You need to be well prepared for your initial bankruptcy consultation in order to get the most out of it. If you leave your attorney’s office still feeling doubtful about the whole process, then either you did not ask the right questions or your attorney failed to educate you and put you at ease about your doubts.

Bankruptcy consultations should be free, if you decide to contact local attorneys in your area and you find that they charge a consultation fee, just keep going down the list of numbers in the phone book. Many and perhaps most bankruptcy law firms offer free consultations.

How you can prepare for your bankruptcy consultation

More than likely you’ll get anywhere from 30 minutes to an hour to talk with your attorney, there will not be enough time to have a long conversation, so you need to prepare your questions carefully making sure that your questions are concise and direct. You should have no more than 5 questions for your attorney, the attorney will need the rest of the time to explain the process of filing bankruptcy and to run the means test, which will determine if you even qualify for bankruptcy and if you do, which bankruptcy chapter will fit your situation best.

Identify the key elements of your case and be sure to bring them up to your attorney during the consultation. These are situations like, if you’re married and prefer to file alone, if you’re in a divorce process or if you have been the victim of identity theft. Do you own a business? And is the business the reason for you needing to file? These situations may complicate your case so it’s important you bring them up now so that a better strategy can be planned for your bankruptcy petition paperwork.

You also need to make sure you express your intentions to your attorney as far as the outcome of the process. What do you really want out of this? Do you simply want to get your unsecured debts discharged? Do you want to keep your home or surrender it? It’s important that you bring this up, because often people get the wrong idea about filing bankruptcy and think that it’s the be all end all for discharging debt and that’s almost never going to be the case, since not all debts can be discharged.

As mentioned above, your attorney will more than likely want to run the bankruptcy means test to determine under which bankruptcy chapter your situation can be best handled, so you need to bring some information with you. You need to prepare this in advance, do not try to keep it all in your head.

Make a spreadsheet of all your debts and liabilities, this should include credit card bills, department store accounts, unsecured loans, car payments, tax bills, student loan payments etc. Then make a separate sheet for your living expenses. Your living expenses are things like your rent, utility bills, medical insurance premiums and life insurance premiums, food costs, clothing and other personal necessities that your family requires to live comfortably. Finally, you need a separate sheet that lists all your sources of income, to include disability benefits, social security, VA benefits etc and all your assets like stocks, bank accounts, retirement accounts etc.

Do not try to cheat by hiding anything here, you need to disclose everything accurately, for if you fail to do so your bankruptcy file may be found fraudulent and you could end up paying a fine and lose your right to file again. Bankruptcy law is specific and like any other law it makes no exceptions when mistakes are made, it’s easier for you to make a mistake if you file bankruptcy alone, whereas hiring a bankruptcy law firm or attorney will prove to be more effective, particularly when listing and designating your assets as either exempt or non-exempt.

How you should proceed after your consultation

After your initial consultation, your attorney will give you some paperwork to fill out should you decide to file with their firm. This paperwork will have questions which will ask you to describe in detail everything you listed in the spreadsheets you made about your debts, liabilities, expenses, income and assets. That’s why it’s important to prepare these spreadsheets in advance and keep them handy.

You also should take a day or two to think about what you just discussed with the attorney and if you don’t feel comfortable about the outlook of your case, you may want to consider consulting with a second attorney or even a third one. Bankruptcy attorneys are typically very good at what they do and know the law well, but often you’ll find attorneys who don’t really care about the stress you’re going through and do not take the time to offer any comfort or offer alternative solutions. Find one that can be more sympathetic and is genuinely interested in your case and of course one that can give you a free bankruptcy consultation, again you should never pay for a consultation.

if you’re married, discuss things with your spouse, even if you’re filing alone. Be absolutely sure that this is the right move and if you have not yet considered any alternatives to bankruptcy then you might want to read through the post on bankruptcy alternatives and it may just present some options that you had not thought of or thought were possible.

If other alternatives do not appear feasible, once you’ve decided to file your petition, start filling out your paperwork, and again, make sure that your information is accurate and you have not mistakenly or purposely entered the wrong information on these documents.

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Married filing bankruptcy alone

Should you include your spouse in your bankruptcy petition?

Situations like this are very common, typically one spouse for one reason or another ends up accumulating a mountain of debt or by other circumstances one spouse simply takes on the responsibility of debt alone. Whatever the reason may be for you, it’s probably puzzling you how to go about being married filing bankruptcy alone. It all really depends on who owes what, who owns what and what state you’re in.

Either spouse can file bankruptcy alone in any state, however you have to understand what the laws are in your state as far as how jointly held property is seen. For example California and Nevada are considered community property states. Meaning that in these states whether a married person files alone or with their spouse all community property is considered to be part of the bankruptcy estate, which is liquidated by the bankruptcy trustee to pay creditors before a bankruptcy discharge can be granted.

Typically the filing spouse’s own individual properties or assets will be liquidated first to repay creditors then the non-exempt assets within the community estate will follow. These are properties such as real estate, vehicles and other tangible assets like jewelry and furniture, savings accounts, stocks, and any other assets or earnings that were acquired during the marriage.

States that do not follow community property laws are known as common law states, where only property that is held jointly can be liquidated to pay creditors, if the non-filing spouse holds individual assets he/she does not need to worry about losing anything. Needless to say, community property states certainly complicate the process for any married person needing to file bankruptcy as an individual.

Common mistakes made by individual bankruptcy filers

Once bankruptcy filers become aware of how community property and common law work, they often believe they can get around the system by transferring property to the non-filing spouse or someone else in the family. This is a big mistake and it’s not worth attempting. Should the bankruptcy trustee suspect that to be the case, your bankruptcy file can be seen as fraudulent and all assets may be included in the estate or in other cases the case could be thrown out and the filers may end up paying a fine. Under the new laws, jail sentences are also given if deliberate falsification or fraud is proven. These mistakes are mostly common among pro-se filers, or people who file without a bankruptcy attorney.

Often the non-filing spouse will worry about the effects that bankruptcy will have on their credit. The law states that each individual has a separate credit record and the filing of one spouse should not effect the other. Although it’s also important to consider that debt that is held together, such as mortgages and joint credit card accounts can be an issue. For the non-filing spouse, this could result in negative credit entries if the accounts are in default. This can also mean that the non-filing spouse can now be seen as the person responsible for the debt since the other is under bankruptcy protection.

This is an issue best explained by a bankruptcy attorney, if your case resembles what’s explained here, you should consult a professional at once and get a good and clear picture about how your case will be seen by the bankruptcy court.

You should not pay for a Bankruptcy Consultation, most law offices will give you 30 minutes to an hour of time to explain the process and what you can expect. You can begin your free bankruptcy evaluation here.

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Some Credit Repair FAQs

Not everyone can be a credit expert, most of us are only content with a decent credit score and often don’t bother to find out enough about how credit works, much less what it takes to repair credit. This credit thing can be complicated but like anything else it can start to make sense once you understand what you need to do to steer clear of trouble and to seek appropriate help when you do find yourself in trouble. Here’s a short list of FAQs about credit repair that I think will shed light on some of the most common questions I’ve found people to have doubts about:

What is the Fair Credit Reporting Act all about? The FCRA is a federal law that governs the collection, reporting, and use of consumer credit information. What does this mean to you? These are specific regulations that are in place to protect consumers, without them you’re basically at the mercy of your creditors and credit bureaus. The specific code can be found here.

Does credit report really work? Yes, when used correctly. And it is absolutely essential that you do all you can within your powers to make sure that your inaccurate negative entries are fixed. Ignoring them will eventually affect your quality of life and no one else has the responsibility of making sure it is accurate but you. Credit repair works and it works particularly well when you make use of the right resources. For more information read the previous posts on credit repair.

Can I remove negative entries from my credit report on my own? You can most certainly repair your credit on your own. You need to begin by first getting a copy of your credit report from all three bureaus, you’ll find often that they differ by a lot and sometimes the inaccuracies do not spread across the board. Review all entries that you feel are inaccurate and begin your dispute process by contacting the credit bureaus through their dispute systems listed here:

TransUnion Credit Disputes 1-800-916-8800

Experian Credit Disputes 1-888-397-3742

Equifax Credit Disputes 1-800-685-1111

You may find that depending on the seriousness of the credit inaccuracies, some of these negative entries will prove to be more difficult to correct than you expected. The process may take longer or you may be denied by either the creditor that reported the entry or the credit bureau.

If I fail in my dispute with the credit bureaus, should I contact the creditors directly? Of course it won’t hurt to try, however you’ll need concrete proof that their negative entry was wrong. Bringing up an argument that you remember making the payment on time will not cut it. Creditors will listen but they won’t volunteer help, they’re looking for concise proof that they were wrong and since consumers don’t know the law and don’t have the resources some credit repair agencies have, they’re not likely to be as successful in these credit disputes.

Can credit repair agencies really help? Yes and no, that all depends on the status of your credit report and the circumstances around your inaccuracies. I’ve mentioned throughout credit posts on this blog that if you have accurate negative entries in your credit history, you are probably not going to succeed at removing them from your credit report. However, when it comes to the entries that are truly inaccurate, you have some options and the most effective one to take is to hire a credit repair agency.

With that said, you now have a new problem, and that is to find a reputable and honest credit repair agency to handle your case. It should not surprise you that the field of credit repair is filled with scams. Anyone can pose as a credit repair agency, get a catchy name and throw a website together and offer you their service. Making sure that you’re dealing with legitimate companies will save you time, money and a lot frustration. Once again start your search with the BBB and make sure that your candidates are legit.

How long can negative entries remain on my credit report? There are varied opinions on this issue, I have heard them all. It goes from 7 to 10 years, depending on the type of entry it is. For example a defaulted loan account will remain as such for 7 years even after you pay it off, whereas a bankruptcy will stay on your credit report for up to 10 years. Meaning that these periods can change for a variety of reasons that in fact only credit bureaus know about. It probably would have to do with an increasing number of consistent positive entries in your credit history that would eventually bump any old negative entries off the map.

How long will it be till the credit bureaus respond to my dispute? The Fair Credit Reporting Act states that credit bureaus shall respond to you withing 30 days of having received your dispute letter. Just remember that the credit bureaus can exercise the right to use their own discretion in the consideration they give your dispute. Because credit bureaus deal with so many frivolous requests and the dispute system is heavily abused by scam artists and illegitimate credit repair companies, they can simply deny process of the dispute without specifying a reason why.

Will removing negative entries really raise my credit score? That’s the general idea, however don’t be surprised if your score remains the same for a while. Despite what some credit repair companies may claim, credit repair may not cause the immediate results you were hoping for. The computer systems that calculate your FICO score work with the available data and time to determine your overall score. If you have several negative entries in your credit report but only some of them are inaccurate your score will probably climb a little slower as well after you repair them.

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Credit repair, go it alone or hire an agency?

If you have any experience as a consumer, you know that your social security number equals a credit report that has entries reflecting your financial habits and overall worthiness as a responsible consumer. You should understand by now that credit bureaus and creditors are not infallible, they can make mistakes on your credit report unknowingly, and unfortunately, it is you who must catch these inaccuracies and fix them.

Credit Scores - the warm and fuzzy creditors love.

Credit reports are more than just a list of accounts with their payment history, yes it’s true that creditors love to see lots of green tabs and positive check marks on your credit history. But lately, one of the most important factors and probably the deciding factor in whether you get credit approval or not is your credit score.

This three digit number speaks volumes to anyone researching your financial life. It’s no surprise that so much emphasis has been placed on credit scores in the last few years since that’s the first impression creditors get from you. Consumers have also gotten more apt to actively manipulate their scores by doing certain things that can legally raise their scores. From making larger monthly payments, to paying in full and then borrowing again, to fixing inaccuracies in their credit reports either alone or by hiring a credit repair agency.

What to do about credit inaccuracies.

Many people today are living with credit inaccuracies and outdated information, mostly for lack of knowledge on what to do about them or simply because they don’t even know they’re there. These entries vary from late payments that were never late, to closed accounts that still show as open, to defaulted accounts that should be included in bankruptcy, etc

The Fair Credit Reporting Act established for consumers the right to dispute credit entries for free, however the process is often lengthy and complicated so handling it on your own is definitely the hard way of doing it and although you can save you money this way it can’t guarantee results.

Hiring a credit repair agency would be a better approach, BUT! Proceed with caution. What does that mean? Well, you can’t erase accurate entries from your credit report nor can any credit repair agency. No one has these magical powers or special ways of doing this. I mention this because there are in deed a lot of scams in the field of credit repair, so many in fact that it’s really hard to tell anymore if an agency is legit or not.

If you have true inaccuracies and outdated information that needs to be fixed then by all means begin by consulting a credit repair agency and get a good feel for how they work and what it is exactly that they intend to do for you.

Finding reputable credit repair agencies.

Just like you shop for auto insurance or a primary care provider, you should take care of doing the proper screening when looking for a reputable credit repair agency. The Better Business Bureau is not a bad place to start your research and definitely only consider those companies with satisfactory records.

Also it’s important that you know that the Credit Repair Organizations Act establishes that these agencies must follow specific guidelines in order to protect consumers. You should be made aware of these and be given any disclosures before you sign anything. Your contract should have the following information:

• Terms for Services, which should include any limitations and disclosures.
• A detailed description of the services to be performed and their total costs.
• The time it will take to achieve the promised results.
• Any guarantees they are offering you.
• The Agency’s name, Point of contact, business address and website.

Be suspicious of any company that does not have a website, this is a sign that they’re not well established or not established at all and you could be dealing with someone whose intent is to run with your money. On that note here’s a list of tell tale sings that you may be dealing with a professional scammer and not a legitimate credit repair agency:

• The agency representative asks for payment before the services are provided. According to the Credit Repair Organizations Act, this is a violation and more than likely you’re not dealing with someone who adheres by these laws.
• Outrageous promises, like removing all bad entries from your credit report to include your bankruptcy record, any judgments, leans etc. Once again, “no one” has the power or right to do this, if the entries are accurate.
• The agency representative insists that all credit entries are disputable and encourages you to participate in your own dispute by sending letters to the credit bureaus. This is based on the theory that if creditors do not respond within 30 days the entries can be erased. The process of verifying credit entries today is much easier than it was 5 years ago, it does not take 30 days to verify these entries, they can be done within hours of receiving the dispute.
• The agency representative suggests or lays down a plan for you to get a new identity under a new social security number. Should you hear these words come through the phone line, simply hang up immediately and report the agency. You do not want to willingly participate in such procedures, you will be held liable for such actions and prosecuted by the federal government. This is a felony and it is very serious!
• The agency representative makes outrageous claims about their experience and the number of clients they have helped, yet has no way of proving it, or insists on you reading testimonials on their website or pamphlet. Never base your decision on testimonials these are heavily abused and never worth the time reading anyway. The best testimonial you can read is that which the Better Business Bureau provides for its registered companies.

Should you want to consider giving it a go on your own, visit the Federal Trade Commission’s website and at the bottom of that article you’ll find a sample dispute letter that you can tailor to your situation. Keep in mind that this approach will take you more time and effort, but it is most certainly possible to achieve the same results if you truly believe that you have inaccurate entries on your credit report.

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Filing Bankruptcy chapter7 vs chapter 13

There are very significant differences between these two types of personal bankruptcy. Under chapter 7 of the bankruptcy code, also known as liquidation bankruptcy the filer’s non-exempt assets are liquidated so that his/her creditors can be paid as much as possible before any unsecured debt can be discharged. Under bankruptcy chapter 13, the filer may be granted a debt re-adjustment, typically meaning that his/her debts will be minimized however they must still be repaid.

It’s difficult to determine on your own what the most suitable chapter will be for you, and your circumstances will be unique to your own situation, so comparing your case to others can not guarantee a definite answer. The best thing any consumer can do to figure this out is to consult with a bankruptcy attorney. Most consultations are free and normally require filling out a simple and private online evaluation form. The form you fill out will give the attorney everything they need to perform an evaluation that will not only determine if you qualify for bankruptcy, but which bankruptcy chapter you can file.

Here are some tips that can “give you an idea” of where you might be and how you may qualify for one of these bankruptcy chapters:

Chapter 7 Bankruptcy

You could qualify for chapter 7, normally if you have no income or low income in proportion to your debts. Or if you have few or no assets outside of personal belongings like clothing, home furniture and such. If after paying all your necessary living expenses you have little or no money to pay for your consumer debts, then this could also qualify you for chapter 7 bankruptcy. The thing to understand about chapter 7 primarily is that if you have a large amount of unsecured debt, you could virtually get all of it discharged if you meet the necessary requirements after being evaluated through the bankruptcy means test, which must be done by an attorney.

Also keep in mind that secured debts on the other hand, are not discharged under any chapter, they must continue to be paid for or if the debt is secured against a home or car, they must be surrendered upon discharge.

Chapter 13 Bankruptcy

To qualify for chapter 13, you must have sufficient disposable income. You must be able to prove that you will have enough income to repay the newly adjusted (reduced) debt. Typically you’ll have to come up with a repayment plan that can stretch for up to 5 years, in which you will have paid in full the agreed upon amounts of your chapter 13 repayment plan. Some of the sources you may count as income are your employment income, social security benefits, pension plan payments, wages or commissions from seasonal or contract work, welfare benefits and disability benefits among others.

If you are a business owner, you can not file under chapter 13, instead you must file under chapter 11. You can, however, file under chapter 13 as an individual and you can include business related debts that you may be liable for. Because this complicates things you must consult a bankruptcy attorney for clarification and clear direction if this is your situation.

How should you file your bankruptcy petition?

That all depends on your situation; the best advice that can be given to anyone facing serious financial stress is to take advantage of the free bankruptcy evaluations that are offered by so many bankruptcy law firms and allow an experienced bankruptcy attorney to review your case and advice which not only which bankruptcy chapter is best for you, but give you a clear picture of what you can expect after filing your case.

Please do not conclude from this article that this is a definitive guide for you to determine which bankruptcy chapter to file. This process is a lot more involved and goes beyond what this article can offer. As mentioned before, all cases are different due the unique circumstances that surround each individual.

People file bankruptcy for a lot of reasons, having tons of debt does not automatically qualify you for any specific chapter, other reasons for an individual needing to file bankruptcy include going through a divorce, having suffered a death in the family in which the primary income provider passes on and also having been the victim of identity theft and not being able to resolve the debts with creditors. All these different reasons and the specific circumstances surrounding those issues will have to be analyzed by a professional attorney in order to determine the best route.

If you are still considering filing alone, read an earlier post where I discuss filing bankruptcy alone vs hiring an attorney.

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Filing bankruptcy alone vs hiring an attorney

Filing bankruptcy alone can cost you more.

It’s not secret that legal services are often expensive, and when it comes to bankruptcy cases it’s also no secret that the laws are complicated and hard to grasp for the average citizen. You can save money by filing bankruptcy alone vs hiring an attorney, but you must remember that without representation it’s you and only you who’s responsible for the accuracy of your bankruptcy petition.

Since the laws changed over two years ago, it has become more difficult for filing bankruptcy yourself. It is now required for filers to take credit counseling courses before filing bankruptcy and also the income requirements have changed making it tougher to discharge all your debts, in some cases it is necessary to repay some of the debts under chapter 13 bankruptcy, depending on your yearly income.

The changes also made it more difficult for bankruptcy attorneys to determine eligibility and more paperwork now needs to be filed increasing the time and effort it takes to produce and accurate bankruptcy petition, therefore raising the overall costs of bankruptcy services across the country. Filing “pro se” (on your own), saves you the legal fees, however the risks you take by filing bankruptcy yourself are too great to spare the professional help.

The new provisions make it much easier to make mistakes if you are not throughly familiar with the new laws, so that if you file your case alone and are denied because of inaccuracies you may be penalized and may not be able to file again for some time. If you’re asking yourself “should I file bankruptcy alone?” consider first if you’re willing to take the time to learn the applicable laws and prepare your petition correctly. Knowing whether to file bankruptcy alone is as important as when to file bankruptcy.

The consequences of making mistakes can range from losing the “automatic stay” protection to getting your case dismissed, which can often result in losing property or other collateral possessions like a car, furniture etc. If you’ve got your mind made up or know what you’re doing then you can proceed with filing your own bankruptcy case, starting with the chapter 7 bankruptcy forms and chapter 13 bankruptcy forms, which you need to download.

Hiring a bankruptcy attorney

Courts frown upon having to process pro se filers since the denial rates are so high. When you have representation your chances of being denied minimize significantly. Why? That is what bankruptcy attorneys do and nothing else. This is a very specialized field of law and requires extensive knowledge of specific laws in the bankruptcy code. If you are willing to pay thousands of dollars for a root canal operation why would you not pay for representation on something that will effect your entire life?

When you file bankruptcy with legal representation, you can have piece of mind that your case will be handled properly. Bankruptcy forms include several pages for reporting income, assets, taking into account past tax years and overall debts that must be reported accurately to the court when your petition is filed. It is possible to fill out the paperwork on your own but the legal jargon on the forms often leaves the average citizen guessing.

When you do hire a bankruptcy attorney, you should always be selective in the process. Do they offer free consultations to determine if filing bankruptcy is the most appropriate step for you to take to eliminate your debts? Your attorney should take the time to answer your questions and put you at ease, he should be compassionate and understanding of your situation. Find a bankruptcy attorney with experience in an established firm.

Some law offices charge a fee for giving you your initial consultation, but if you are strapped for cash then free consultations are a must. You do not want to pay for the initial consultation unless the lawyer you visit was highly recommended to you by someone you trust. There are too many law offices, however, that offer free bankruptcy consultations so don’t settle for the first office you call. Search for an experienced attorney, ask for a free consultation and learn the process. With legal representation you will stand the best chance of getting your petition prepared accurately and your case successfully processed.

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