Robert Bialkin

Can I eliminate tax debt in bankruptcy? Are tax debts dischargeable? Tax debts are considered priority and are generally not dischargeable. However, income tax debts older than 3 years are sometimes dischargeable in a chapter 7 bankruptcy. Chapter 13 bankruptcy can be used to force the IRS into a payment plan and prevent them from charging interest and late fees.

Can I still use or do I have to stop using my credit cards during bankruptcy? You must stop using your credit cards for purchases or cash advances as soon as you anticipate filing bankruptcy or those purchases can be investigated for fraud. Purchases and cash advances made too close to filing will be scrutinized and may be excluded from the bankruptcy.

Can I get my money back from a bank levy or wage garnishment if I file bankruptcy? Under certain circumstances you can get back money that was levied or garnished. You must, among other things, file bankruptcy within 90 days and be insolvent at the time of the levy.

Can I get rid of educational school student loan debts in bankruptcy? Are educational student loans dischargeable? No, unless you can prove that repayment will cause an undue hardship.

Can I eliminate tax debt in bankruptcy? Are tax debts dischargeable? Tax debts are considered priority and are generally not dischargeable. However, income tax debts older than 3 years are sometimes dischargeable in a chapter 7 bankruptcy. Chapter 13 bankruptcy can be used to force the IRS into a payment plan and prevent them from charging interest and late fees.

Can I still use or do I have to stop using my credit cards during bankruptcy? You must stop using your credit cards for purchases or cash advances as soon as you anticipate filing bankruptcy or those purchases can be investigated for fraud. Purchases and cash advances made too close to filing will be scrutinized and may be excluded from the bankruptcy.

Can I get my money back from a bank levy or wage garnishment if I file bankruptcy? Under certain circumstances you can get back money that was levied or garnished. You must, among other things, file bankruptcy within 90 days and be insolvent at the time of the levy.

How do I stop wage garnishments and bank levies? Does bankruptcy stop wage garnishment or a bank levy? Filing bankruptcy immediately creates an automatic stay which prevents creditors from garnishing wages or levying a bank account during the bankruptcy. Once the debts are discharged by the bankruptcy, the creditor can no longer garnish or levy since you no longer owe the debt.

Will bankruptcy ruin or fix my credit score? How will bankruptcy affect my credit score? Bankruptcy immediately starts you on the road to fixing your credit and improving your credit score and FICO. This is because your income remains the same, but you no longer have monthly debts. So, your new debt to income ratio is immediately improving your creditworthiness.

What should I do if I am sued by a creditor? How do I answer a summons? Will bankruptcy help if I am being sued by a credit card company? Filing bankruptcy stops the lawsuit and discharges the debt. If you do not take action to answer the lawsuit or file bankruptcy, the creditor will be awarded a default judgment. A default judgment allows a creditor to put a lien on your property or garnish your wages. Even if a creditor has obtained a judgment, bankruptcy can discharge the debt and stop levies, liens, and wage garnishment.

Can I get a new loan or credit cards after filing bankruptcy? Credit card companies and lenders have different policies but we find that most are quick to offer you a credit card again and especially a loan secured by a vehicle. From a lender's viewpoint, you are not allowed to file another bankruptcy for at least 8 years so they know you are on the hook for at least that long. Plus, before the bankruptcy your salary was $3000 per month, but $1500 of it was used to pay your credit card debts and the other $1500 was used for your living expenses. After the bankruptcy, you still make $3000 and spend $1500 on living expenses, but you now have the $1500 from the former credit card payments freed up to spend on new credit cards or loans. Our office can even make mortgage and home loans a reality within a few years.

How do I stop creditors and/or collection agencies from harassing me with phone calls? Can creditors and/or collection agencies keep calling me after I file bankruptcy? Will bankruptcy stop the harassing collection agent phone calls? Creditors have the right to contact you for debt collection purposes. However, filing bankruptcy makes it illegal for a creditor to continue attempting to collect the debt after being given notice of the bankruptcy. Always make sure to keep any letters and a make detailed log of any phone calls received from a creditor after you file for bankruptcy. Contact our office immediately to take action as you may be entitled to statutory damages for the violation of the automatic stay.

What do documents do I need to file bankruptcy? To file bankruptcy a debtor must complete a bankruptcy questionnaire, two required Credit Counseling Courses, gather their latest tax returns, 3 months bank statements for each accounts, 3 months of retirement or other financial account statements, 2 months of pay stubs if employed, and 1 year of financial information for self-employed business owners.

Will bankruptcy ruin or fix my credit score? How will bankruptcy affect my credit score? Bankruptcy immediately starts you on the road to fixing your credit and improving your credit score and FICO. This is because your income remains the same, but you no longer have monthly debts. So, your new debt to income ratio is immediately improving your creditworthiness.

How much does it cost to file a chapter 7 bankruptcy? Attorney Robert Bialkin charges attorneys' fees on a sliding scale payment plan and will start your case for free regardless of your ability to pay. The other costs associated with a Chapter 7 bankruptcy are: $306 for court filing fees and two required online Credit Counseling Courses that cost $5 and $15 respectively.

Which debts cannot be discharged in a bankruptcy? Can tax debts, student educational school loans, government loans, child or spousal support, or lawsuit judgments be discharged by filing a bankruptcy? What debts are non-dischargeable in bankruptcy? Tax debts within the last 3 years, child or spousal support, debts for injury to a person or property that resulted in a lawsuit judgment, most government subsidizedbia and school educational student loans, and post-bankruptcy debts can generally not be discharged in a bankruptcy.

Which debts can I discharge in bankruptcy? Are credit cards, medical bills, auto loans, mortgages, and other debts dischargeable by filing bankruptcy? Most secured and unsecured debts such as credit cards, medical bills, car loans, mortgages, and other personal and business debts can be discharged in bankruptcy.

Can I get a new loan or credit cards after filing bankruptcy? Credit card companies and lenders have different policies but we find that most are quick to offer you a credit card again and especially a loan secured by a vehicle. From a lender's viewpoint, you are not allowed to file another bankruptcy for at least 8 years so they know you are on the hook for at least that long. Plus, before the bankruptcy your salary was $3000 per month, but $1500 of it was used to pay your credit card debts and the other $1500 was used for your living expenses. After the bankruptcy, you still make $3000 and spend $1500 on living expenses, but you now have the $1500 from the former credit card payments freed up to spend on new credit cards or loans. Our office can even make mortgage and home loans a reality within a few years.

Does bankruptcy stop foreclosure or judicial trustee sale of my home? Chapter 7 bankruptcy will delay foreclosure / trustee sale of your house for approximately 60 days during the automatic stay. If your home has equity or sentimental value, chapter 13 bankruptcy laws immediately stop a foreclosure and force the bank to accept a payment plan that will allow you to stay in the home and catch when you are behind in payments.

What do documents do I need to file bankruptcy? To file bankruptcy a debtor must complete a bankruptcy questionnaire, two required Credit Counseling Courses, gather their latest tax returns, 3 months bank statements for each accounts, 3 months of retirement or other financial account statements, 2 months of pay stubs if employed, and 1 year of financial information for self-employed business owners.

What assets are exempt in bankruptcy? Do I get to keep my assets such as car, house, and money, and personal property if I file for bankruptcy? Properly filing bankruptcy ensures you erase your debts while still keeping cash, cars, property, personal belongings, retirement savings, real estate, jewelry, furniture, appliances, computers, tools, and anything else that is important to you.

How much does it cost to file a chapter 7 bankruptcy? Attorney Robert Bialkin charges attorneys' fees on a sliding scale payment plan and will start your case for free regardless of your ability to pay. The other costs associated with a Chapter 7 bankruptcy are: $306 for court filing fees and two required online Credit Counseling Courses that cost $5 and $15 respectively.

What is a creditors' 341(a) Meeting of Creditors with the Trustee? A Trustee is hired by the court to oversee your bankruptcy on behalf of the creditors. A 341(a) hearing is a meeting that takes place about 30 days after you file bankruptcy where you, your lawyer, and the Trustee sit down at a conference table to answer questions under oath. If the Trustee is satisfied that everything is in order, he/she will conclude your case. This meeting includes a 15-30 minute wait, and then a 5-10 minute Trustee Meeting. Our firm prepares you for this meeting by familiarizing you with the documents, telling you ahead of time the questions you are likely to be asked, and giving you an opportunity to observe someone else's 341(a) Trustee Meeting so that you are comfortable with the process.

How long does it take to file bankruptcy? I can file your bankruptcy in less than one day.

How long does an automatic stay last? In a Chapter 7 bankruptcy it lasts about 60 days. In a Chapter 13 bankruptcy it lasts as long as 5 years

What is chapter 13 bankruptcy? Chapter 13 bankruptcy is a repayment plan that stops foreclosure and wage garnishment by allowing you to catch up on your mortgage, taxes, or car payments over 5 years. Chapter 13 also erases (discharges) most or alI of your unsecured debts. Chapter 13 bankruptcy stops foreclosure and allows you to get caught up. Chapter 13 bankruptcy is also the backup plan if you have too much income or assets for Chapter 7 bankruptcy.

What is Chapter 7 bankruptcy? Chapter 7 bankruptcy is a fresh start that erases (discharges) all or most of your debt and let's you keep your property.

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Do I qualify for bankruptcy? Unless you have a significant amount of assets or income you should qualify to file a Chapter 7 bankruptcy. Even if you have too many assets or income you can still file a Chapter 13 bankruptcy.

Should I file bankruptcy? If you are at the end of your rope financially and cannot catch up on your debt without a fresh start then bankruptcy is a good solution. Need a bankruptcy Lawyer?Visit Robert Bialkin's website http://www.bialkin.com/

What are the advantages of bankruptcy? Bankruptcy is your right to start over financially by erasing (discharging) all or most of your debts owed to creditors while still keeping and protecting your property with bankruptcy exemptions. Filing bankruptcy creates an automatic stay that stops collection efforts such as harassing calls, foreclosure, repossessions, lawsuits, garnishments, and bank account levies.

What is an automatic stay? Filing bankruptcy creates an automatic stay that makes it illegal for creditors to call, foreclose, repossess, garnish, levy or try to collect during your bankruptcy. The automatic stay starts as soon as you file. bi

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Does bankruptcy stop wage garnishment or a bank levy? Filing bankruptcy immediately creates an automatic stay which prevents creditors from garnishing wages or levying a bank account during the bankruptcy. Once the debts are discharged by the bankruptcy, the creditor can no longer garnish or levy since you no longer owe the debt. Under certain circumstances you can get money back by getting the right bankruptcy attorney. #santarosabankruptcyattorney #bankruptcy http://bialkin.com/chapter-7-and-13-bankruptcy-law-attorney

Reviews for Bialkin Law - Attorney Robert Bialkin: www.bialkin.com/reviews.htm Thanks to everyone for your positive feedback. If you know me personally, please consider leaving a review or testimonial regarding me as a person, regardless of whether or not you are a client. Much appreciated! Stay in touch.

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Attorney Robert Bialkin - Bankruptcy Divorce Criminal Wills Family Law Lawyer. Sliding Scale. Payment Plans. Free Consultations. [email protected] www.bialkin.com (707) 824-5297