Probably yes. If your previous case was a chapter 7 case you need to wait 8 years from the date the previous case was filed to file another chapter 7. It does not matter when you got your discharge or when the case closed, it only matters when your last case was filed. If your previous case was a chapter 13 you need to wait 4 years to file a new chapter 7 case and 2 years to file a new chapter 13 case.

Yes, almost all garnishments can be stopped except for child support or spousal support obligations. Some creditors that hold claims that will not be discharged like student loans can start garnishment again as soon as your discharge is entered.

In Oregon this may be the most often asked question, and the answer is Yes. Usually, the best way to do this is to file a chapter 13 bankruptcy and propose a payment plan to pay off your past-due house payments (the arrears). In many cases you will have up to 5 years to do this. This means that even if you owe a fairly large amount of past-due payments your chapter 13 payment could be relatively small and affordable. If a chapter 13 is not right for you, and you choose to file a chapter 7 bankruptcy, the foreclosure will be delayed while an “automatic stay” is in place, and you will have some extra time to catch up on any arrears. However, in a chapter 7, you need to make all your house payments prior to the eventual foreclosure date, both the arrears and current monthly payments, in order to keep the house.

Maybe, it depends on what you are selling, to whom you are selling it to and how much money you receive. The main thing you need to be aware of is that you cannot sell something for a lot less than it is worth. For example, if you own a classic car worth $20,000 you cannot sell it to your brother or friend for a dollar or even for $10,000. This is called a fraudulent conveyance and a bankruptcy trustee can sue the person you “sold” it to in order to recover the property. Generally, if you sell something for a fair price and keep good records to show where the money was spent, there is no law that states you cannot sell the property before bankruptcy. However, I always advise clients to not sell anything without first consulting with their lawyer.

Maybe, but probably not. Just like with a sale for less than fair market value, giving something away will probably be considered a fraudulent conveyance and a bankruptcy trustee could recover the property. However, if the property is worth very little money, it may not be worth it for the trustee to go after the property. I always advise clients to not dispose of anything without first consulting with their lawyer so they avoid any problems.

There is nothing in the bankruptcy laws that prohibit you from borrowing money prior to filing a bankruptcy as long as YOU INTEND TO PAY IT BACK. If you borrow money and do not intend to pay it back, it would be considered fraud. The bankruptcy code prohibits attorneys from advising anyone to incur debt in contemplation of bankruptcy. If you do decide to buy a car before you file your bankruptcy you may be required to reaffirm the debt in order to keep the vehicle.

No, you are required to list all debts. Even debts that you want to keep paying. The bankruptcy court does not allow you to pick and choose your preference among creditors. Secured debts need to be listed and the collateral either "reaffirmed" or surrendered, and all unsecured debts must also be listed. In fact, just because a debt is not listed on a bankruptcy schedule does not mean it is not included in the bankruptcy. In many cases even unlisted debts are discharged.

Absolutely, there is no prohibition against paying a debt back after you file. You can voluntarily pay back anyone you like. However, the creditor cannot demand payment once the debt has been discharged.

It would be fraud to borrow money on your credit cards to pay for your attorney. However, debit cards may be accepted via in-office merchant processing. And, a family member or friend can pay your fees with their own credit card.

Your house is not an ATM, and you can’t borrow your way out of debt. Many people put off the inevitable by getting a home equity loan to pay off credit cards, then they end up losing their home when they cannot afford the home equity loan payments. If you don’t pay your credit cards, the creditors harass you. If you don’t pay your home equity loan, you lose your house. So, before you get a home equity loan, you should learn how bankruptcy might be able to help you.

Many people put off the inevitable by borrowing from a 401(k) or cashing out their IRA in order to pay credit cards. You are not required to do that. It is better to address the underlying problem and save your retirement, because Social Security may not be around when you need it. If it is around, you certainly will not receive enough to live on comfortably. So, before you reach for retirement funds, you should learn how bankruptcy might benefit you.

It is human nature to put off unpleasant events. Foreclosure, repossession and other collection efforts can often be stopped by filing bankruptcy. Further, you may meet with me for a consultation and that time your income qualifies you to file a Chapter 7. Then you may wait a year to file, and your income increased during that year, and you may no longer qualify to file a Chapter 7. The same goes for the value of your house. I've seen clients meet with me one year and they only have about $30,000-$40,000 equity in their house, and they would've been fine to file a Chapter 7. Then they come back 2 or 3 years later, and during that time their home value skyrocketed, and they simply have too much equity to file a Chapter 7 and keep their house. In a case like that, the only option is to do a Chapter 13 to keep their house, while paying back their unsecured creditors some funds in the Chapter 13 plan, in order to keep the house.

You can reaffirm (keep) any of your secured debts (if you are current on them at the time of signing the reaffirmation agreement). Do not reaffirm debts that are unreasonable. Doing so will make it difficult or impossible for you to recover financially.

You are limited on how much cash you can protect in a bankruptcy case, but determining just how much cash you can protect requires a review of several factors. That’s the purpose of a Free Initial Consultation.

Significant cash advances, balance transfers or purchases in the 24 months before filing will be a reason for choosing a Chapter 13 bankruptcy over a Chapter 7 bankruptcy. The issue is whether or not you were incurring the debt at a time that you could not afford to repay it. If the credit card company can show that, then you may be stuck with that credit card debt in Chapter 7. The most important look back period is the 90 days prior to filing bankruptcy. You should discuss this with your attorney.

In a Chapter 7, these payments are considered “preferences” and can be demanded back by the Trustee, then distributed to creditors on a pro-rata basis. If the Chapter 7 trustee cannot recover those preferences, then he can use that as a basis for objecting to your discharge, which then forces you to come up with the money. Essentially, you will pay the debt twice. So, don’t do it. In a Chapter 13, all it does is increase the monthly plan payment. If you've paid back family members or friends in the 12 months prior to filing bankruptcy, be sure to discuss this with your attorney.

Assets transferred in anticipation of filing bankruptcy may be recovered by the Trustee in a Chapter 7 as a fraudulent transfer. In a Chapter 13, it would cause your plan payment to increase. Besides, you can protect your stuff while it’s in your possession or control, but not after you have given it to someone. Before transferring anything of substantial value, be sure to consult with your attorney.

Property inherited within 6 months after filing bankruptcy is deemed to be part of the bankruptcy estate. If you expect an inheritance, make sure that you discuss this with your attorney.

This is only an issue in a Chapter 13 case because it lasts 3-5 years, whereas a Chapter 7 only lasts about 3-4 months. We can protect your home equity in a bankruptcy case, but your attempt to sell it for maximum profit during your bankruptcy case can be difficult, especially if you want to keep all the net proceeds. Be sure to let your attorney know that you intend to sell your house before your case is over.

If you do not attend your hearing (also known as the 341 Meeting of Creditors), then your case may be dismissed. You must bring to the meeting a photo ID and proof of your Social Security number.

Anything you do shortly before filing bankruptcy is looked at closely. Discuss any concerns related to the above issues with your attorney. If you think that you have made one or more of the mistakes, then make sure that we know about it, as most can be corrected.