Fresno Bankruptcy Attorney - FAQs

Q. How can filing for bankruptcy help me?

A. It depends upon your situation. Filing for bankruptcy can put a stop to many types of collection activity, including wage garnishments, lawsuits, and levies. Filing for bankruptcy can also temporarily halt evictions in some areas, and can temporarily halt foreclosure proceedings as well. If you are far behind on your credit cards or other unsecured debt, filing for bankruptcy can give you a fresh start which can allow you to rebuild your good credit in less time than it would take to try to repay an insurmountable debt.

Q. If a file for bankruptcy, we'll all my possessions be sold?

A. Not at all. Even in Chapter 7 bankruptcy, there are certain types of property and possessions which are exempt from liquidation. The bankruptcy trustee cannot seize or sell these items, so you'll never lose all of your property. In particular cases of Chapter 7, generally called "no-asset" cases, you may not lose any of your property as it will all be covered under exemption laws. California has two different types of exemption laws to choose from, and depending upon your particular situation one or the other may prove more beneficial. It's important to discuss your personal circumstances with an experienced Fresno County bankruptcy attorney.

Q. Will my employer fire me if I file for bankruptcy?

A. No - your employer cannot fire you for seeking bankruptcy protection. It is against federal law to fire any employee simply because he or she files for bankruptcy protection. If your employer fires you shortly after you file for bankruptcy, you may be able to file for damages. While bankruptcy protection laws do not prevent employers from firing employees for reasons unrelated to the bankruptcy filing, and negative action shortly after your bankruptcy filing may point to a breach in the law.

Q. Does filing for bankruptcy ruin credit scores?

A. Generally speaking, individuals who need to file for bankruptcy may already have run into trouble with their credit history, and credit scores. Filing for bankruptcy is your chance to start over with a clean slate. By filing for bankruptcy, you can eliminate excessive unsecured debt, rebuild your credit, and regain your financial freedom. People who file for bankruptcy can actually improve their credit scores over time so that scores are higher than when they initially filed for bankruptcy.

Q. Am I required to have an attorney to file for bankruptcy?

A. While having an attorney is not a requirement to file for bankruptcy, attempting to file for bankruptcy alone could have unintended consequences that are detrimental to your financial health. This is because there are specific requirements with regards to reporting finances, and specific requirements regarding debt management courses, both of which must be met in order to successfully file for bankruptcy. If you are not well-versed in filing for bankruptcy, you may accidentally omit pertinent financial information that could cause your case to be dismissed. If your bankruptcy is dismissed by the courts, you will lose many of the protections that filing for bankruptcy can provide. Having a reputable Fresno County bankruptcy attorney representing your case from the beginning ensures that your case will be handled correctly from the start.