Frequently Asked Questions
If a foreclosure complaint has been filed against you or the bank is threatening to file a foreclosure complaint, one of Dailey Law Offices’ experienced Columbus Bankruptcy Lawyers can file a Chapter 13 bankruptcy to immediately stop a foreclosure. A bankruptcy can be filed as late as the day before your house is set to be sold at sheriff’s sale.
If you are current on mortgage payments you may file a Chapter 7 bankruptcy and still keep your home.
If you are facing a potential garnishment or have had wages garnished from your paycheck or your bank account has been attached, contact one of Dailey Law Offices’ Columbus Bankruptcy Lawyers today to end garnishment by filing bankruptcy. Any wages that are garnished or money that is taken from your bank account after you file for bankruptcy must be returned.
You will be able to retain your vehicle if you file a Chapter 13 or a Chapter 7 bankruptcy. If you file a Chapter 13 bankruptcy you will be paying your car payment through the plan. If you file a Chapter 7 and your vehicle is not yet paid off you will be required to file a reaffirmation agreement, reaffirming your obligation on the automobile loan. If the vehicle is paid off you will not have any issues with retaining your vehicle unless you have equity in the vehicle above the allowable exemption amount. One of Dailey Law Offices’ experienced Columbus Bankruptcy Lawyers will discuss this with you at your free initial consultation.
Your bankruptcy will stay on your credit report for 7-10 years after you file for bankruptcy, however you will be able to begin rebuilding your credit much sooner than that. You will be able to obtain secured credit cards and loans with a higher rate of interest initially and as time passes and your payment history proves itself your credit will start to build up again.
Yes. But if you are living with your spouse then you must include their income for the purposes of the income means test. If your spouse does not file bankruptcy with you he or she will still be liable on any joint debt. One of Dailey Law Offices’ Columbus Bankruptcy Lawyers can discuss this issue with your in more detail if you are married and wish to file individually.
Yes. Some tax debt, student loan debt and any domestic support obligations.
As soon as your petition is filed an automatic stay is placed on any legal proceedings currently pending against you and prohibits creditors from filing any future proceedings or from calling you to collect on a debt.
