Frequently Asked Questions

If you’re behind on bills, getting collection calls, facing a lawsuit, or a garnishment or foreclosure, it’s worth a conversation. A lot of people wait too long because they think bankruptcy is a last resort. It doesn’t have to be. We’ll review your situation and tell you honestly whether bankruptcy makes sense, or whether another option is a better fit.

Yes. There’s no cost and no obligation to sit down with us and go over your finances. We’ll explain your options in plain language before you decide anything.

Chapter 7 typically wipes out unsecured debt like credit cards and medical bills in a matter of months, with no repayment plan. Chapter 13 sets up a 3 to 5 year repayment plan and is often used when you want to catch up on a house or car payment, or when your income is too high to qualify for Chapter 7. We’ll walk you through which one fits your situation during your consultation.

Qualification depends on your income compared to the Alabama median for your household size, run through what’s called the means test. Many people assume they make too much money to qualify and are surprised to learn otherwise. This is something we calculate for you directly, free, before you file anything.

Yes. Once your case is filed, an automatic stay goes into effect immediately. Creditors are legally required to stop calling, stop collection lawsuits, and stop most other collection activity right away.

Filing puts an immediate, automatic stop to most foreclosure and repossession actions. Depending on your situation, Chapter 13 can also give you a structured way to catch up on missed payments and keep your home or vehicle.

In most cases, no. Alabama and federal exemptions protect a significant amount of home and vehicle equity, along with many other personal belongings. We work through your specific assets with you so there are no surprises.

No. This is one of the most common misunderstandings about bankruptcy. Most of our clients keep the vast majority of what they own. Bankruptcy exemptions exist specifically to protect your home, vehicle, retirement accounts, and personal property.

Chapter 7 usually takes about 3 to 4 months from filing to discharge. Chapter 13 involves a repayment plan lasting 3 to 5 years, though the immediate relief (stopping calls, stopping a foreclosure) happens as soon as you file.

Cost depends on the chapter you file and the complexity of your case. We discuss fees openly during your free consultation, before you commit to anything. Many clients are surprised that the cost of not filing (continued interest, fees, garnishment) is often higher than the cost of filing.

Yes, but it’s very risky. Bankruptcy law has strict procedures, and a mistake can get your case dismissed or cost you property you could have protected. Having an experienced attorney means someone is looking out for your interests at every step.

Bankruptcy filings are public record, but employers generally don’t search court records unless they have a specific reason to. Your employer cannot legally fire you, demote you, or discriminate against you because you filed bankruptcy.

Yes. There are waiting periods between filings depending on which chapters and when your last case discharged, but there’s no lifetime limit. We can tell you exactly where you stand if you’ve filed before.

A bankruptcy filing stays on your credit report for 7 to 10 years, but most clients already have damaged credit by the time they file, from missed payments, high balances, and collections. Bankruptcy stops that ongoing damage and lets you start rebuilding right away. We give every client a plan for rebuilding credit after their case is complete.

Yes, and often sooner than people expect. Many clients start receiving credit offers within a year, and responsible use from that point forward rebuilds your score steadily.

Not automatically. Married couples aren’t required to file together, and it’s common for only one spouse to file, especially when debt isn’t shared equally. We can talk through what makes sense for your household.