1.  How much experience do you have?  When considering filing a personal bankruptcy, you want to be advised by someone who is familiar and experienced with all of the "ins and outs" of bankruptcy law.  A good place to start is the attorney’s web site, if they have one. Go and spend some time reading what they have to say.  Do they explain their bankruptcy process?  Will they be in court with you? When you own a home or car or have other assets that you are trying to protect, you need a lawyer that is able to maximize your available exemptions.  www.bowerlawoffice.com is a good site to help you get your questions answered.  
   

2.  How much money will I have to pay to file my bankruptcy?  The bankruptcy court filing fee for a bankruptcy is $299.  Attorney fees will vary depending on the complexities of your particular case and the particular attorney you choose.   On average, attorney fees can range anywhere from $1,000 and up. A good attorney will be able to review your financial situation and give you an accurate estimate.  Dustin Bower, of the Bower Law Office can help you assess your situation and start you on the right path to help alleviate your debt through bankruptcy.  
   

3. Is bankruptcy right for me? Not all people with high debt need to file for bankruptcy. Sometimes there are better options, or at least, different chapters of bankruptcy. A good bankruptcy attorney will be able to walk you through all your options. You should ask and understand what will happen to your credit score and the financial effects of bankruptcy are. www.bowerlawoffice.com is a website that can answer questions just like this.

4. If bankruptcy is the best option, which Chapter (or form) of bankruptcy would be best? For the most part, there are three chapters of bankruptcy that an individual may use. Chapter 7 bankruptcy results in a discharge of all your allowable debts. Chapter 13 and individual chapter 11 help you reorganize and restructure your debt to a manageable level.

5. Do I need an attorney to file? While it is true that you don’t need an attorney (bankruptcy attorneys are required to tell you this), it is advisable. The Federal Court’s bankruptcy website is full of helpful information, but that does not compare with the knowledge an experienced bankruptcy attorney can give you. Remember bankruptcy has serious financial consequences, and attorneys can help you keep the maximum you are entitled to and discharge what debts that are burdensome on your financial situation.

6. What will happen to my garnishment? Once you file, the garnishments will stop. This is the result of what is called an "automatic stay." You may even be entitled to receive a portion of what was garnished! Dustin Bower, of the Bower Law Office at www.bowerlawoffice.com can explain to you what happens after a filing and if you had wages garnished.

7. Can I still file after the 2005 Bankruptcy Amendments? Most likely, the answer is yes. The 2005 amendments for the most part just created more hoops to jump through.

8. What portions of my debt are dis-chargeable? The debt discharged is primarily unsecured debt (i.e. credit cards). However, not all debts are dischargeable, such as child support, most student loans, most tax loans, and debt incurred by fraud. Your attorney will go over all of the allowable debt with you based on your credit report and a questionnaire you complete listing your debts. Hiring a reputable attorney who will give you the answers you need is key to answering these types of questions. Bower Law Office can help you understand what you can and cannot discharge.

9. When will I be able to file? The most common arrangement is that attorney fees are paid up front. When the fees are paid, the filing should take no more than a week as long as they have all the documentation they need at that time. After that, you will have received the date for your "meeting of creditors." 60 days after the meeting, you should receive your discharge documents from the Bankruptcy Trustee. The staff at Bower Law Office can answer these and any other questions you have regarding filing of bankruptcy documents.

10. What post bankruptcy issues will you help me with? Once you obtain a discharge (or restructure), you very well might find yourself facing a creditor that wants to collect (i.e. a school withholding transcripts). These actions are prohibited and might even result is damages awarded to you. Ask your attorney if he will be continue to represent you, and on what terms.

If you have any questions on these steps or any other questions regarding filing or rules surrounding bankruptcy please contact me.