Bankruptcy questions deserve clear answers. These FAQs explain common concerns about debt relief, your property, and the next steps. Your options depend on your individual circumstances.

For advice about your situation, request a free consultation with attorney Chris Vonderau, or call 910-202-3110. If you face foreclosure or a court deadline, call promptly. General information here does not create an attorney-client relationship.

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What is bankruptcy?

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Bankruptcy is a federal court process that can help individuals address debts they cannot manage. The available relief depends on the chapter filed, the debts involved, and compliance with court requirements.

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What is the difference between Chapters 7, 13 and 11?

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Chapter 7 can discharge many qualifying debts, subject to exemptions and other requirements. Chapter 13 uses a repayment plan, generally lasting three to five years. Chapter 11 is another reorganization option used by businesses and some individuals.

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Do I qualify for bankruptcy?

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Eligibility depends on income, expenses, assets, debts, and prior filings. The means test applies to many Chapter 7 cases. Chapter 13 requires regular income and a feasible plan, along with other eligibility requirements. We review which options fit your circumstances.

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Do I need a lawyer to file bankruptcy?

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Individuals may file without an attorney, but bankruptcy involves important deadlines and property rights. Chris can explain your options, evaluate risks, and guide you through preparation and case requirements.

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Do I have to give up everything I own?

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Not necessarily. Exemptions may protect property, and Chapter 13 can offer a way to retain assets through a repayment plan. Keeping a home or car also depends on equity, loan obligations, and your ability to make required payments.

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What debts are covered by bankruptcy?

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Many credit card debts, medical bills, and personal loans may be discharged. Other debts have exceptions or special rules. A discharge of personal liability does not automatically remove a mortgage or other lien. We evaluate taxes, student loans, support obligations, and judgments individually.

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Can creditors still come after me?

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Filing generally creates an automatic stay that pauses many collection actions. Exceptions apply, and prior filings can limit or prevent the stay. A creditor may also seek court permission to resume collection. Tell us about any pending lawsuit, repossession, or foreclosure.

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Can I pay off some debts and then discharge the rest?

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You must disclose all debts and relevant financial transactions. Some payments before filing, especially to relatives or favored creditors, can create problems or be recovered by a trustee. Speak with Chris before making unusual payments or transferring property.

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Do my spouse and I both have to file for bankruptcy?

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No. One spouse may file alone, or both may file together when appropriate. The decision depends on responsibility for debts, property ownership, household finances, and other factors. A filing by one spouse does not automatically eliminate the other spouse's liability.

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Can I save my house?

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Chapter 13 may help stop foreclosure and allow eligible homeowners to catch up mortgage arrears over time. Ongoing obligations still must be addressed. Timing and prior filings matter, so contact us promptly rather than assuming a sale can be stopped.

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What if I previously filed bankruptcy?

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A prior case does not always prevent a new filing. Eligibility for another discharge and eligibility for an automatic stay are separate questions. Bring the dates and details of previous cases so we can assess your options.

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Will everyone know that I went bankrupt?

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Bankruptcy filings are generally public court records. Creditors receive notice, and the filing may appear on credit reports. Ask us how required disclosures and notices apply to your case.

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Will I ever get credit again after bankruptcy?

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Many people rebuild credit after bankruptcy, but results and timing vary. Future lenders apply their own requirements. Paying obligations on time, reviewing credit reports, and using credit carefully can help you move forward.