Frequently Asked Questions About Chapter 7 and Chapter 13 Bankruptcy
People facing unmanageable debt typically have a lot of important questions they need answered. Please read through the frequently asked questions below to find some answers.
To learn how an experienced Chapter 7 and Chapter 13 bankruptcy lawyer can help you in your unique situation, call me at the Marlatt Law Office at 614-523-3576 for a free initial consultation. You can also contact me online.
General Bankruptcy FAQs
- A relative has passed away and I have received an inheritance or a benefit from a life insurance policy on which I was the beneficiary. Do I get to keep the money?
No. If you receive, or become entitled to receive, an inheritance or a benefit from a life insurance policy while your case is pending or within six months of your Chapter 7 petition being filed you must turn it over to the bankruptcy trustee. You will most likely have to turn it over to the trustee while paying under a Chapter 13 Plan.
- I received a Motion for Relief from Stay. What is it?
One of your creditors has filed to protect their interest in secured property. In other words, they are trying to collect on the property. If you are surrendering the property there is nothing further for you to do. If you want to keep the property, contact my office immediately.
- I just bought a car and want to file bankruptcy. Can I list the debt?
Yes, you must list it. Also, in some circumstances you must wait 90 days from the date the lien was recorded on the title or the lien will not be valid and the trustee can take the car.
- I can’t locate all the information on my creditors. What do I do?
It’s your responsibility, as the debtor, to list all of your creditors and provide all the pertinent information. Try looking online on your credit report or search through your old records for the information you’re missing.
- I don’t have a recorded deed or mortgage. Will the papers I received at closing be sufficient?
No. You must provide a copy of the recorded deed and mortgage from the county where the property is located. Some counties provide this information online. If your county does not, you can go to the county courthouse at the Recorder’s Office and request a copy of your deed and mortgage. There will be a charge for these copies.
- I don’t have a copy of my vehicle title or memorandum of title. Will the registration papers work?
No. You must provide a copy of your title or memorandum of title. If you do not have one, you can go to your county Clerk of Courts, Auto Title Division and request a duplicate copy.
- I’ve been sued by a creditor. Will you file an answer?
No, typically when you’ve hired this office for bankruptcy representation, I represent you only in your bankruptcy case. Unless you retain me separately for these cases, I will not file an answer in civil lawsuits (i.e., collections, foreclosures), nor will I attend any court hearings that may be scheduled in those cases. Please contact the office to discuss your options.
- My creditors are continuing to call.
If you’re getting harassed by creditors, contact us for a free consultation. If you are a client of mine and you have not yet filed, don’t tell them you intend to file bankruptcy. Tell them you have retained Marlatt Law Office and tell them to call us at 614-523-3576. If you have already filed, give them your case number and our firm name and number. Write their name and number down. They are not permitted to contact you any further.
- I want to keep my real estate. What do I need to do?
If you’re behind in your payments, you must bring your mortgage current before filing Chapter 7 or you must file a Chapter 13. It may benefit you to have an appraisal done on your property by an experienced appraiser. If you do not know of an appraiser, we can provide you with information to contact such an appraiser.
- I plan on filing bankruptcy, but I also want to get married. Can I get married now or should I wait?
If you get married, if you live with your significant other, or if your significant other contributes to your household, it may affect whether you can file a Chapter 7 or if you have to file a Chapter 13. Please contact the office to review your options.
Call Attorney J. Scott Marlatt at 614-523-3576 or contact me online. Free initial consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.