FAQs

We are here to help you decide what bankruptcy relief will be most helpful to you.

Is bankruptcy relief still available after the change in the law?

Yes. Although the bankruptcy code has changed, it is still possible to file for bankruptcy and receive the same type of relief as under the prior version of the law. It is still possible to stop foreclosures, to recover repossessed vehicles, to discharge many types of debts, to stop wage or bank garnishments, to stop harassing phone calls, etc.

What are the different types of bankruptcy?

Chapter 7 (liquidation) and Chapter 13 (debt consolidation) are the two main options for individuals under the bankruptcy code.

Chapter 7 is also called "straight bankruptcy" and it allows a person or small business to discharge or eliminate certain debts like medical bills, credit cards, personal loans, etc.

Chapter 13 is also referred to as "wage earner" bankruptcy and it allows a person with regular income to consolidate their debts and pay them back in whole or in part over three to five years, often with zero or reduced interest.

When will creditor calls, garnishments, foreclosures and other collection activities stop?

The filing of a bankruptcy with the Bankruptcy Court will invoke the "automatic stay." This requires all creditors to stop collection activities against the person who files, at least temporarily. It will also stop a foreclosure so long as the bankruptcy is filed prior to the sheriff sale. The filing of a Chapter 13 can also allow a person to recover a repossessed vehicle.

How will bankruptcy affect my credit?

The filing of a bankruptcy will likely appear on your credit report for approximately seven to ten years. However, former clients and mortgage/loan officers have told us that financing can be obtained for someone in a Chapter 7 bankruptcy as soon as they receive their discharge (usually within 90 days of filing.) Often, the filing of a bankruptcy will improve the person's credit as it reduces the person's debt/income ratio.

Does the filing of a bankruptcy get published in the newspaper?

Filing a bankruptcy is a matter of public record and anyone who checks the court's records can find out if a person has filed. To my knowledge, the filing of a bankruptcy is not published in any newspaper of general circulation other than the Court Index.

Will my employer be notified that I filed for bankruptcy?

Because the filing of a bankruptcy is a matter of public record, any employer could find out if any of its employees filed for bankruptcy, but there is no requirement for anyone to notify the employer. In a Chapter 13 bankruptcy where a wage deduction is required, the employer would be notified. Ask us for more details about this.

Can I be fired for filing bankruptcy?

No. Under 11 U.S.C. Sect 525 an employer cannot terminate an employee or discriminate with respect to employment against an individual who has filed for bankruptcy.

Do I have to appear in court?

You must attend a 341 Meeting of Creditors. At a 341 Meeting, a trustee will ask you questions under oath and any of your creditors are allowed to ask you questions about your bankruptcy too. You must bring with you to court a photo identification with proof of your social security number. This is not "court" as it is not held in a courtroom or courthouse. There is no judge or jury. The 341 Meeting of Creditors normally lasts about five or ten minutes and one of our attorneys will be there with you.

What do I have to disclose in my bankruptcy?

You must disclose everything you own and everyone you owe (including family members) in your bankruptcy. You must also answer all questions completely and truthfully. You must sign the bankruptcy papers under oath and penalty of perjury. Failure to do so could result in prosecution for bankruptcy fraud.

How do I start the process of filing for bankruptcy?

Call our office at 513.752.6560 to set a no-obligation consultation with one of our attorneys. There is no charge for the first thirty minute consultation and you pay nothing if you decide not to proceed. If you complete our internet questionnaire and bring it with you to your first meeting with us it will help us assess your case and move forward more quickly.

For a free initial consultation with Minnillo & Jenkins, call 513.723.1600 or contact us online. Our phones are answered 24 hours a day.

We have three convenient offices to serve you. Evening and weekend appointments available.

Se habla español

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.