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Bankruptcy Law - Questions & Answers

When should I consider bankruptcy?

You should consider bankruptcy when

  • you've been unemployed for several months and your prospects are questionable;
  • it becomes evident you cannot pay your bills as they come due;
  • you start considering using your VISA card to pay your MasterCard;
  • you receive a letter from your mortgage company threatening foreclosure;
  • you fear your car will be repossessed;
  • your car HAS been repossessed;
  • you're considering a home equity loan to consolidate your bills;
  • you're considering cashing in your 401(k) or your IRA;
  • you're worried about protecting other assets;
  • a creditor is threatening or has filed suit;
  • you have significant IRS debt;
  • you just can't abide any more collection letters and phone calls.

Many people are under the mistaken impression that bankruptcy will strip them of their assets. In the vast majority of cases, however, those who file bankruptcy keep all of their assets. In fact, assets like your home, car, pension fund and IRA are protected from your creditors if you file bankruptcy. Therefore, it is vital that you consult with a bankruptcy attorney before selling, transferring or cashing in any assets.

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