- Divorce
- Child SupportYes. The bankruptcy laws require that when you file bankruptcy all debts you owe be listed on your bankruptcy and when you sign your bankruptcy, one of the things you sign includes an oath that you listed all of your debts. This includes even dischargeable debts like taxes, child support and student loans and this even includes debts you intend to keep paying like your house and car.
- Spousal SupportIn a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property. Most liens, however (such as real estate mortgages and security interests for car loans), survive. The value of property that can be claimed as exempt varies from state to state. Other assets, if any, are sold (liquidated) by the interim trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7. Common exceptions to discharge include child support, income taxes less than 3 years old and property taxes, student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine the dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is likewise not covered by a bankruptcy filing nor are property settlements through divorce. Despite their potential non-dischargeability, all debts must be listed on bankruptcy schedules.
- BankruptcyOver the years, our firm’s bankruptcy experience has covered nearly every kind of possible bankruptcy matter. We have represented thousands of people of all walks of life in both simple and complex bankruptcy cases. We file Chapter 7 and Chapter 13 cases for individuals, and represent businesses in Chapter 11 and Chapter 7 cases as well as both business and people in complex bankruptcy litigation.
- ForeclosureIf you decide not to keep your house then the mortgage lender will have to file a foreclosure. Foreclosure is a proceeding separate from your bankruptcy and I do not represent you in the foreclosure. You generally do not need representation in foreclosure when you are willing to let the house go and generally foreclosure is a long process that takes a minimum of seven months before the sheriff’s sale. Until the sheriff’s sale you can stay in your house without making the mortgage payments or real estate tax payments but I recommend that you maintain insurance and keep paying any association dues. The debt to the mortgage will be discharged and they will never be able to collect money from you.