Questions About Bankruptcy?

With evolving bankruptcy laws and constant changes in the economy, many people have questions and misconceptions about their bankruptcy options. At the Law Offices of James V. Sansone, located in Santa Rosa, California, we help clients tackle their debt issues by answering their questions and using our professional experience to guide them through various debt relief options.

Can A Creditor Garnish My Wages?

Yes, but only after he or she obtains a judgment. In the event that a creditor obtains a judgment, he or she can garnish up to 25 percent of your wages.

What If My Spouse Files Bankruptcy?

It is possible for only one spouse to file bankruptcy; however, bankruptcy courts assess qualifications based on household income, not individual income. Should your spouse file for bankruptcy, you could be implicated in the process.

This is particularly a concern for those with a large amount of debt and going through divorce. Our firm understands the delicate relationship between bankruptcy and divorce, so we can help you address the number of interrelated issues while protecting your individual rights.

What Debts Can Be Eliminated Through Bankruptcy?

When you file Chapter 7 bankruptcy, it is possible for you to eliminate all unsecured debts, including medical bills and credit card obligations. Chapter 13 bankruptcy allows you to reorganize your secured debts while also reducing or eliminating unsecured debt. Certain debts like tax debt or school loans are eligible under very specific and limited circumstances.

How Will Bankruptcy Affect My Credit Score?

Although bankruptcy will appear on your credit report from seven to 10 years, you can start rebuilding your credit immediately after your file. Continually paying off your creditors will eventually increase your score.

What Is Lien Stripping?

Available under Chapter 13 bankruptcy, lien stripping allows you to eliminate liens on your property. While you cannot strip down a current mortgage, you can strip away a second mortgage if your first mortgage is more than the current market value of your house.

How Does The Fair Debt Collections Act Help Me?

Under the Fair Debt Collections Act (FDCPA), it is illegal for creditors to pursue unpaid debts after your file for bankruptcy. So, if collection practices do no cease after you file for bankruptcy, you may be able to pursue a judgment for damages and attorneys fees. We can help you stop creditor harassment and pursue claims involving illegal debt collection practices.

Schedule An Initial Consultation With An Experienced Attorney

To learn more about how we can help you through the bankruptcy process, contact us by calling 707-623-1875 to schedule an initial consultation.

We are a debt relief agency. We help people file for bankruptcy relief under the United States Bankruptcy Code.