Frequently Asked Questions

Churchill Law Group, PLLC, offers a free initial in-office consultation. We believe that you should understand what we can do for you before we charge you a fee. Each bankruptcy case is different and the fees can vary depending on the complexity of your case, but most attorneys offer affordable payment plans if needed. Many clients make payments to our firm to complete the bankruptcy process over time. At Churchill Law Group, PLLC, we believe that attorneys should not add to an individual’s financial distress by charging exorbitant legal fees.

Whether you lose your house depends on your circumstances and whether you file Chapter 7 or Chapter 13 bankruptcy. We help people review their options for keeping their homes during bankruptcy.

In most instances, people are able to qualify for credit cards and other loans after bankruptcy.

Once you submit the required documents to the bankruptcy court, all creditor harassment must stop. The law covers things such as wage garnishments, phone calls, repossession and foreclosure actions, and demand letters. Generally, bankruptcy stops wage garnishments.

In most instances, you will only need to appear at the meeting of creditors, the 341 hearing. In a few cases, you may need to appear before a bankruptcy judge. Our lawyers attend all hearings and court appearances.

In some cases, there are alternatives to bankruptcy. Our lawyers will discuss with you any other alternatives if appropriate. However, be cautious when considering alternatives such as consolidation services. Such providers are not always honest and can take advantage of you. Further, such providers cannot give you legal advice. Only a lawyer is authorized to give you legal advice.

Not everything can be discharged in bankruptcy. You may not be able to discharge student loans, back child support, and certain taxes. Debts such as these and others may need to be repaid. Our lawyers can tell you whether any of your debt is non-dischargeable

To be eligible for Chapter 7 bankruptcy, you must pass the means test and have completed a debtor education credit counseling course. You must complete the credit counseling course from an approved agency within 180 days before filing your bankruptcy petition. This means test involves comparing your household income to the median income for a family of your size in your state based on your average monthly income over the six months before filing your bankruptcy case The means test determines whether you have disposable income to repay your debts. If you don’t pass the first part of the means test, you may still qualify by taking the second part and overcoming the presumption of abuse. However, if you cannot satisfy the means test, you may still be eligible for bankruptcy, but not under Chapter 7. Discussing your options with a bankruptcy attorney is essential to determine whether filing for Chapter 7 bankruptcy is the best option for you.

If you’re considering Chapter 7 bankruptcy, you may wonder what life will be like after the process is complete and how long it typically takes. In most cases, Chapter 7 bankruptcy takes around four to five months from start to finish. Once you’ve been discharged, you may find that your credit score starts to improve. Some people even receive credit offers within months of obtaining their discharge. However, it’s important to remember that bankruptcy will remain on your credit report for up to ten years, making it harder to obtain credit or loans during that time. Nonetheless, completing the bankruptcy process can be a massive relief for many people, lifting a weight they’ve been carrying for a long time.

If you recently received a bonus or believe your financial difficulties are only temporary, it may be best to wait before filing for Chapter 7 bankruptcy. Negotiating a payment plan with your creditors or seeking other debt-relief options may be better in these situations. A bankruptcy attorney can discuss other factors that may impact your decision to file, such as not using credit cards or making payments at least four months before filing, the impact of debt repayment or transfers, personal injury claims, and pending lawsuits. It is also important to note that filing bankruptcy will impact your credit score, but some clients have seen their score increase after filing.

If you are currently experiencing wage garnishment, civil lawsuit, or license suspension and have no costly non-exempt assets, filing for Chapter 7 bankruptcy may be a viable option. This type of bankruptcy is designed to help those unable to repay their unsecured debts. However, consulting with a Chapter 7 lawyer is critical to determine if you have any nonexempt property. Once you file, the harassing calls from creditors must stop.

No limit exists on how often you can file for Chapter 7 bankruptcy unless a court order says otherwise. However, if you have previously received a discharge in a Chapter 7 case and seek to discharge your debts again, you must wait eight years from the previous filing date. Time restrictions may vary depending on the chapter, so it’s best to consult with one of our experienced Chapter 7 lawyers for more detailed information.

When filing for Chapter 7 bankruptcy, it’s essential to understand how property exemptions work. A Chapter 7 trustee may seek to liquidate any non-exempt assets you have to pay your creditors. In contrast, you can keep the exempted property. For this reason, it’s critical to work with a knowledgeable Chapter 7 attorney who can help you navigate the complex web of bankruptcy laws and exemptions. If you’re filing for bankruptcy in Florida, many exemptions may be available, including the homestead exemption, the $5000 motor vehicle exemption, and the $4000 wildcard exemption (where applicable). Please contact Churchill Law Group, Pllc, if you would like to learn more about these exemptions and how they apply to your case.  Sources: Florida. Const. Art. X, § 4(a)(1);(http://www.leg.state.fl.us/statutes/index.cfm?submenu=3#A10S04) Fla Stat Ann Secs. 222.01 &(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.01.html) 222.02.(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.02.html)

Once you’ve filed for Chapter 7 bankruptcy, one of the critical milestones is obtaining an Order of Discharge. This order signifies that you are no longer personally liable for the dischargeable debts listed in your bankruptcy forms and that your creditors can no longer take legal action against you to collect those debts. It’s worth noting, however, that the bankruptcy court can deny a discharge in certain circumstances. For example, if you fail to cooperate with the trustee, hide assets, or engage in activities intended to defraud or hinder creditors, the court may refuse to grant you a discharge. In addition to meeting these requirements, you must complete a second debtor education or financial management course (in addition to the credit counseling course you completed before filing) unless the court excuses you. Once you have fulfilled all these requirements and the court grants you a discharge, you’ll be well on your way to rebuilding your financial life. Source F.R.B.P 1007(b)(7).(https://www.law.cornell.edu/rules/frbp/rule_1007)

Chapter 7 bankruptcy is a serious decision with significant consequences. Before taking any action, it’s essential to seek the advice of an experienced attorney. One of the key aspects of Chapter 7 bankruptcy is liquidation, which means that your bankruptcy trustee can sell off any non-exempt assets. In Florida, for example, if you own a vehicle with more than $5000 in equity and cannot apply any other available exemptions to protect it, the bankruptcy trustee may require you to pay the non-exempt amount to keep your vehicle. It’s worth noting that in Chapter 13 bankruptcy, the trustee does not seek to liquidate your assets. However, it’s still important to work with a knowledgeable attorney to ensure that you understand all of the potential consequences of filing for bankruptcy and to help you make informed decisions about your financial future.

When you’re facing overwhelming debt, Chapter 7 isn’t always the only—or best—solution. The right approach depends on your financial situation and the types of debt you have. Alternatives may include a debt management plan, negotiating directly with creditors, consolidating multiple debts into one payment, or seeking short-term support to regain stability. Before deciding, it’s important to consult with an experienced bankruptcy attorney. Churchill Law Group, PLLC can evaluate your situation, explain your options, and help you determine whether an alternative to bankruptcy or filing is the best path forward—while also protecting your assets under applicable law.