Rivera & Associates Law Firm

Bankruptcy is a matter of public record, but the only people who will know you've filed will be your creditors, those with access to court records, and anyone you've told. Employers and landlords are only notified if they are among your creditors.

One fear people have about filing for bankruptcy is that everyone will know about it. While bankruptcy is a public legal proceeding, usually the only people that will know are your creditors.

If you've made any recent purchase of lavish items or taken large withdrawals from credit cards, it's possible the bankruptcy trustee will try to remove those items from the bankruptcy. We can fight that on your behalf and explain what recent charges will attract the attention of the bankruptcy trustee.

Federal bankruptcy law was significantly revised in 2006 with the intent of making it more difficult for so many filers to qualify for Chapter 7 bankruptcies. A two-step qualification process was added, and while the percentage of Chapter 7 filings dropped initially, recent statistics show about 70 percent of individual debtors file Chapter 7 – about the same as before the 2006 revision of the bankruptcy law.

Most people who file for bankruptcy are just like you. Many people are forced to file after experiencing a life-changing event, a major medical expense, a loss of a job, or a divorce.

What is disposable income? If you have enough money to pay to creditors each month, you are required to file for Chapter 13, which requires a five-year repayment plan to creditors. The calculation is complex and a bankruptcy attorney can help you determine if you qualify for Chapter 7.

Keep in mind that there are some debts that bankruptcy will not erase. This includes child support and alimony, fines, some taxes, falsely acquired debts, student loans, and debts not listed on your bankruptcy petition.

My wife and I are getting a divorce, largely because of our financial issues. Is it easier to file for bankruptcy and divorce at the same time? Have a bankruptcy expert examine your situation. But in many cases, it is easier to complete the divorce first. Unfortunately, divorce law and federal bankruptcy law often do not mesh very well.

Making a mistake in bankruptcy court can have serious consequences, including dealing with the court throwing your case out entirely. A bankruptcy attorney can ensure everything runs as smoothly as possible in bankruptcy court.

There are so many myths associated with bankruptcy. For example, rebounding from bankruptcy is possible and often can happen more quickly than people realize. In some ways you aren’t that great a risk because there are rules that prohibit people from filing a second bankruptcy too quickly.

Did you know that filing for Chapter 7 bankruptcy can require you to take an income-based test to determine whether you qualify? Hiring a bankruptcy attorney can help you determine whether you can qualify for Chapter 7.

How often are debt collectors calling your house? No one wants their dinner or family time interrupted by collectors. Filing for bankruptcy can put an end to debt collection harassment.