Bankruptcy FAQ

Common Bankruptcy Questions

Dealing with Debt? You are not alone. Individuals and families throughout Port St. Lucie and the nation are feeling the effects of difficult economic and financial times. At Crary Buchanan, our team of dedicated bankruptcy lawyers is committed to helping people like you escape debt and take the first step toward a secure financial future. As a full-service law firm, we are familiar with all facets of the bankruptcy process. To learn more, continue reading our bankruptcy FAQ below.

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What is asset planning protection?

Asset protection is a proactive step that you can take safeguard your belongings from lawsuits and liquidation in the future. Simply put, it is a way to ensure that your assets are protected from legal judgments in the future, should a creditor pursue collection in a court of law. Read more about asset protection planning here.

Will I be able to discharge all of my debt?

Generally, no, but it depends on your unique legal situation. In most cases, you can discharge the majority of your unsecured debts, but you cannot release certain debts (called “secure debts”). Common types of secured debts include unpaid child support, student loans, legal fines, and alimony / spousal support.

If my spouse files for bankruptcy, do I need to?

Not always. It is perfectly legal to file for bankruptcy apart from your husband or wife, but not always advisable. Refraining from bankruptcy can preserve your credit, but it comes with disadvantages too. If your spouse files and you do not, for example, your spouse may forfeit certain creditor harassment rights and protections.

How often am I legally able to file for bankruptcy?

You are not limited to a specific number of filings, but you must execute a waiting period between each filing process. For Chapter 7, you are permitted to file eight years after your previous Chapter 7 or six years after a Chapter 13. For Chapter 13 filings, you can file four years after a prior Chapter 7 or two years after a Chapter 13.

I was served with a foreclosure action. What should I do?

In Florida, you will probably receive notice of foreclosure after missing three or four mortgage payments. After receiving the notice, you have 20 days to respond with a defense or counterclaim. If you receive a notice of foreclosure, speak with an attorney immediately to determine the best course of action for your case. Learn more here.

Is filing for bankruptcy my only debt relief option?

In the face of insurmountable debt, you may feel hopeless and overwhelmed. Most of the time, bankruptcy isn’t your only option, but it is one of your strongest options. Other forms of relief, such as debt consolidation, loan modification, and debt negotiation may be viable options as well. Learn more by speaking to an attorney.

Will I lose everything I own after I file?

Many people assume that bankruptcy will leave them without any money or possessions. In actuality, bankruptcy laws are designed to give debtors a fresh financial start, not destroy their lives. You can begin rebuilding your finances immediately after filing. Conservative and financially-savvy decisions are the key to regaining financial stability.

Is my credit going to be destroyed forever ?

Bankruptcy can damage your credit, but not forever. Many people think that bankruptcy permanently destroys your credit, but this is not always true. In fact, you can start reestablishing you credit immediately after you file. Regaining your financial credibility is simple once you implement conservative spending habits.

What is the 341 meeting of creditors?

341 meetings are held between 20 and 40 days after filing. You are legally obligated for to attend and participate in this meeting, which will involve a discussion of your reasons for filing for bankruptcy and a comprehensive overview of your debts. A bankruptcy trustee (not a judge) will preside over the meeting.

Is bankruptcy right for me?

Considering bankruptcy? The most importance question you can ask is this: Is bankruptcy the best option for me? Bankruptcy is a powerful financial tool. If used correctly, you can escape unmanageable debt and restore your financial security and well-being. Speak with an attorney to determine whether bankruptcy is right for you. Learn more.

Additional questions? Speak with a Port St. Lucie Bankruptcy Attorney

If you have additional questions about bankruptcy, foreclosure, and your rights, contact Crary Buchanan today for the legal guidance that you need. Our law firm has built a reputation for excellence in the local community for more than 85 years. Let us put this experience to work for your case. At the firm, we believe that a successful bankruptcy case starts with a trusting attorney-client relationship. When you work with our Port St. Lucie lawyers, you can have confidence that your case is in good hands. Call our office today to schedule your initial consultation with our team.