PhPh. 773-682-5210 e. info@payton.legal w. payton.legal
Frequently Asked Questions
1. “Will I lose all my property if I file for bankruptcy?"
Short answer: No — most people keep everything they own.
Detailed Explanation:
Bankruptcy laws include exemptions that protect certain types of
property, such as:
-
Your home (up to a certain equity amount)
-
Your car
-
Household furniture
-
Clothing
-
Retirement accounts (fully protected)
-
Some cash and personal items
In Chapter 7, exemptions protect property from being taken by
the trustee.
In Chapter 13, exemptions help determine your payment plan —
but still, you typically keep ALL property.
Most bankruptcy filers lose nothing because their assets are
protected.
2. “Will filing bankruptcy stop creditors from
calling or suing me?”
Yes. The moment the case is filed, the automatic stay goes into
effect.This is a federal court order that immediately stops:
-
Collection calls
-
Lawsuits
-
Wage garnishments
-
Bank levies
-
Foreclosure (temporarily)
-
Repossession
-
Tax collection activity (most)
Creditors must stop all contact or they risk being sanctioned
by the court.
3. “What is the difference between Chapter 7
and Chapter 13?”
Chapter 7 (Liquidation):
-
Wipes out most debts in 4–6 months
-
No payment plan
-
Best for low income or few assets
-
Protects property through exemptions
Chapter 13 (Repayment Plan):
-
A 3–5 year payment plan
-
Helps catch up on mortgage, car payments, taxes, or support
-
Useful if your income is too high for Chapter 7
-
Stops foreclosure and allows you to keep property you might otherwise lose
4. “Will bankruptcy wipe out all my debts?”
Bankruptcy eliminates most unsecured debts, including:
-
Credit cards
-
Medical bills
-
Personal loans
-
Utility bills
-
Old apartment balances
-
Payday loans
-
Some tax obligations
Debts that usually cannot be wiped out:
-
Child support
-
Alimony
-
Most student loans (unless you win an undue hardship action)
-
Recent income taxes
-
Debts from fraud or intentional harm
5. “Will filing bankruptcy ruin my credit forever?”
No. Bankruptcy appears on your credit report for:
-
Chapter 7: 10 years
-
Chapter 13: 7 years
But many people see their credit scores increase within 6–12
months because their debt-to-income ratio improves.
You can rebuild quickly by:
-
Making on-time payments
-
Keeping credit balances low
-
Using secured credit cards
-
Monitoring credit reports
Many people qualify for car loans within months and mortgages
within a few years.
6. “Can I keep my car if I file bankruptcy?”
Yes, in most cases.
You can keep your car if:
-
It is protected by exemptions (most are)
-
You stay current on your loan or reaffirm it in Chapter 7
-
You include the loan in the Chapter 13 repayment plan
If the car is behind on payments, Chapter 13 can stop
repossession and let you catch up.
7. “Do I have to go to court?”
Not usually.
You only attend a brief Meeting of Creditors (341 meeting),
which is:
-
Not in a courtroom
-
Typically 5–10 minutes
-
Conducted by the trustee, not a judge
-
Usually done by phone or video in many districts
You rarely need to appear in front of a judge unless there is
a dispute (which is uncommon).
8. “How much does bankruptcy cost?”
Costs vary by location, chapter, and attorney, but typical ranges
are:
-
Chapter 7 attorney fees: $1,000–$2,500
-
Chapter 13 attorney fees: $3,000-$5,000 (often paid inside the repayment plan)
-
Court filing fees:
-
Chapter 7: $338
-
Chapter 13: $313
Many attorneys offer:
-
Payment plans
-
“File now, pay later” options
-
Zero-down Chapter 13 filings
9. “Will everyone know I filed bankruptcy?”
Bankruptcy is public record, but practically, no — almost
nobody will ever look it up.
Your employer will not be notified unless:
-
You have a wage garnishment (the garnishment stops)
-
You file Chapter 13 and payments are deducted through payroll
Your friends, neighbors, and family will not be notified unless you
tell them.
10. “Can bankruptcy stop foreclosure or repossession?”
Yes.
Foreclosure:
-
Bankruptcy immediately stops foreclosure through the automatic stay.
-
Chapter 13 allows you to catch up on missed payments over 3–5 years.
-
Sometimes you can remove second mortgages or liens.
Repossession:
-
Bankruptcy stops repossession before it happens.
-
If the car is already repossessed, you may get it back if you file quickly.
-
Chapter 13 can lower interest rates and sometimes the car loan balance (“cramdown”).
11. What is the difference between a will and
a trust?
A will provides instructions for the distribution of assets and names guardians for minor children, taking effect only after death and typically requiring a court process called probate. A living trust holds assets during your lifetime and after death, allowing for management during incapacity and often avoiding probate, which provides more privacy and quicker distribution of assets to beneficiaries.
12. Why do I need a will or a trust?
These documents allow you to control how your assets are distributed, who manages your affairs (executor/trustee), and who cares for minor children. Without them, state law determines distribution (intestacy laws), which may not align with your wishes.
13. What happens if I die without a will (intestate)?
State law will determine how your assets are distributed, generally favoring your closest relatives (spouse, children, parents), which can lead to unintended outcomes and often involves a lengthy probate process.
14. Do I need to be wealthy to benefit from a
trust?
Not necessarily. While historically used by the wealthy, trusts are
now common for people of moderate means to avoid probate,
protect assets from creditors, or provide for specific long-term care
or educational needs of beneficiaries.
15. What is probate, and how can I avoid it?
Probate is the court process for validating a will and distributing
assets. Avoiding probate can be achieved through methods like
living trusts, joint ownership, or transfer-on-death designations.
16. Do I still need a will if I have a living trust?
A "pour-over" will is typically recommended to include assets not
initially placed in the trust.
17. How do I "fund" a trust?
Funding involves transferring ownership of assets into the trust.
18. Who should I choose as my executor or
trustee?
The person chosen should be trustworthy and capable of handling legal and financial matters.
19. How often should I review or update my plan?
Plans should be reviewed periodically, especially after significant life changes.
20. Can I disinherit a family member?
Disinheritance may be possible, but laws vary by state.
21. What are a Power of Attorney and a
Living Will (Advance Directive)?
A Power of Attorney allows someone to make financial and legal decisions if you are unable. A Living Will communicates your
preferences for end-of-life medical care.
22. What about taxes?
Certain strategies and trusts can help minimize tax liabilities for wealthy individuals, although revocable trusts do not avoid estate taxes.