Q&A

q&A

Q. I have been served papers for a debt and may need to file bankruptcy, how much does it cost?

A. For starters, we provide initial consultations free of cost. It's important to us that we quote you a price that is unique to your situation. Often, attorneys will structure a payment plan while the bankruptcy petition is being processed. However, most attorneys require all fees be paid prior to filing. In addition to legal fees, there are filing fees. All these questions and more can be discussed during your free initial consultation.

Q. When should I surrender my car before I file for bankruptcy or during?

A. You can surrender it early but I would advise you to keep it and get the benefit of the automatic stay. You should return it once the discharge is entered or the creditor obtains relief from the stay.

Q. I've really no choice but to file Chapter 13 bankruptcy-can I get my car back after it was repossessed this past week?

A. A creditor is not required to return a repossessed vehicle in the 11th Circuit after a bankruptcy is filed. The Court held that the repossession transferred ownership and therefore the vehicle was no longer property of the debtor's bankruptcy estate.

Q. After bankruptcy without reaffirming, but still making payments, will payment history be reported to the credit bureaus?

A. It is my understanding that absent a reaffirmation agreement, creditors will not report the payment history to the credit bureaus. I think it is a way of punishing debtors who do not reaffirm debts. I suggest you keep a payment history through bank statements in order to show future creditors that you have paid timely. However, I think you are out of luck in getting the creditor to report your timely payments. Some creditors also may not allow a debtor to refinance a debt without a reaffirmation agreement.

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