FAQs
You have questions. We have answers.
During your consultation, we know that you’ll have questions for us, and we’ll gladly answer them. If you’re still nervous about taking that first step, we get it. This is a big decision for you and your family, and we know that you want to make the best possible decision.
We hope that this list of frequently asked questions (and their answers) will give you the reassurance that you need to schedule your free consultation.
FAQs
That’s a great question! Since every situation is different, we offer free consultations to determine if bankruptcy will help you. During your consultation, our experienced attorney, Tracy Hirsch, will gather pertinent information to get a ‘big-picture’ understanding of your current situation.
She’ll evaluate your income, your total amount of debt, who your creditors are, the size of your household, and other factors that are considered in bankruptcy. For more information, you can check out our page “Who Should File for Bankruptcy.”
While most debts can be discharged in either a Chapter 7 bankruptcy or Chapter 13 bankruptcy, there are certain types of debts that cannot be discharged at all. Specifically, any type of domestic support obligation, such as child support and alimony, cannot be eliminated in bankruptcy.
Student loans debts, federal and state income taxes, criminal penalties, and any type of debt that was incurred fraudulently, are also types of debts that cannot be discharged by the bankruptcy court.
No, your spouse is not obligated to file for bankruptcy. However, if you have joint debt, our bankruptcy attorney may suggest that both of you file if she thinks that it will offer greater protection from your creditors.
Ultimately however, the decision is entirely up to you and your spouse when you weigh the risks and benefits of filing individually or jointly.
No. It is illegal for any private employer to discriminate against you due to filing for bankruptcy. For more information, please refer to 11 U.S. Code § 525.
The only way to determine this is during your free consultation. Our bankruptcy attorney, Tracy Hirsch, has 23 years of experience, and will offer her honest opinion as to which bankruptcy chapter will best benefit you.
In the meantime, here is some basic information about Chapter 7 bankruptcy and Chapter 13 bankruptcy.
Yes. After you file for bankruptcy, all of the creditors who have been included in your bankruptcy petition will be notified of your filing. They’ll be made aware that they are no longer allowed to contact you directly.
Instead, they must work with the bankruptcy court, and direct any questions to your attorney. It usually takes one to two weeks for all calls to cease.
If a creditor accidentally calls you (meaning, they haven’t yet received notification of your filing), you can tell them that you recently filed for bankruptcy, and give them your bankruptcy case number.
That answer to those two questions are ‘no’ and ‘no!’ Filing for bankruptcy doesn’t make you a bad person. On the contrary, it takes a mature and wise person to realize that bankruptcy can actually help them find financial freedom.
Filing for a Kentucky bankruptcy is a right that you’ve been given by the government, and it’s there to offer you protection from your creditors, and to give you a fresh start. There’s nothing embarrassing about wanting to obtain financial freedom!
That being said, we understand that there is still (unfortunately) a social stigma surrounding bankruptcy. That’s why our law firm works hard to break down that stigma, and educate people on the importance of filing for bankruptcy when necessary.
We are a judgment-free zone, and we won’t make you feel ashamed or embarrassed for seeking help. Doing what’s best for you and your family is a respectable thing to do, and if that includes filing for bankruptcy, we’re here to help you on that journey.
Absolutely! While it’s ideal to come into the office so that our attorney can look over your paperwork, we understand that sometimes it’s not conducive to certain people’s schedules.
That’s why we offer flexible consultation hours for both in-person and phone consultations. Here’s what you can expect from our experienced attorney, Tracy L. Hirsch.