Frequently Asked Questions
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Q. I filed Chapter 7 almost six years ago, can I file again?
A. No. You must wait 8 years after a previous Chapter 7 to file a new Chapter 7.
Q. How long does the bankruptcy stay on my credit report?
A. The filing of the bankruptcy remains on your credit report for 10 years.
Q. Can I keep my home?
A. Yes. In a Chapter 7 bankruptcy, you can often keep your home as long as you are current with your mortgage payments and do not have substantial excess equity in your home. Many individuals file a Chapter 13 bankruptcy because they are behind with their mortgage payments, but want to keep their home. In this type of bankruptcy, the mortgage arrearage is put into a Chapter 13 Plan so that they can catch up with the arrearage and save their home.
Q. Are all debts discharged in a bankruptcy?
A. No. Not all debts are dischargeable. For example, spousal and child support, school loans, certain income taxes and criminal fines are normally nondischargeable.
Q. How long does the bankruptcy process take?
A. Once the Petition is filed the Trustee meeting is normally held within six weeks. The bankruptcy discharge in a Chapter 7 case is typically issued sixty to ninety days after attending the Trustee meeting.
Q. If I forget to add a creditor, do I still get a discharge of the debt?
A. If you discover the debt prior to receiving your discharge, you are required to amend your Petition to add that creditor so that the creditor can receive notice. We obtain credit reports for our clients to minimize this possibility since it results in additional legal work and an additional court filing fee.
Q. Does overtime count when annual income is calculated?
A. Yes.
Q. If my spouse is not filing the bankruptcy with me, does my spouse's income count?
A. Yes. When considering whether or not an individual qualifies for a bankruptcy, the total household income must be calculated. Total household income includes the spouse's income, as well as others who reside in the household who work and contribute to the household.
Q. Must I include all of my creditors in the bankruptcy?
A. Yes. While the Bankruptcy Code treats some creditors differently than others, all must be listed.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
513 Sarah Street, Stroudsburg, PA 18360
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(570) 421-1406
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(570) 421-1407 - Fax
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At the Stroudsburg, Pennsylvania, law offices of Amori & Associates, we represent clients throughout Pennsylvania (PA), including Dingmans Ferry, Lords Valley, Albrightsville, Palmerton, Blakesee, Effort, Milford, Bushkill, Marshalls Creek, East Stroudsburg, Snydersville, Bangor, Lehighton, Jim Thorpe, Easton, Bethlehem, Allentown, Wilkes-Barre, Scranton, Pen Argyl, Wind Gap, Nazareth, Brodheadsville, Tannersville, Saylorsburg, Mount Pocono, Tobyhanna, Bartonsville, Carbon County, Lackawanna County, Luzerne County, Monroe County, Pike County, and Northampton County.
At the Stroudsburg, Pennsylvania, law offices of Amori & Associates, we represent clients throughout Pennsylvania (PA), including Dingmans Ferry, Lords Valley, Albrightsville, Palmerton, Blakesee, Effort, Milford, Bushkill, Marshalls Creek, East Stroudsburg, Snydersville, Bangor, Lehighton, Jim Thorpe, Easton, Bethlehem, Allentown, Wilkes-Barre, Scranton, Pen Argyl, Wind Gap, Nazareth, Brodheadsville, Tannersville, Saylorsburg, Mount Pocono, Tobyhanna, Bartonsville, Carbon County, Lackawanna County, Luzerne County, Monroe County, Pike County, and Northampton County.