Expertise.com

Best Bankruptcy Attorneys in San Marcos

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Bankruptcy Attorneys FAQs

Learn more
Bankruptcy Law Center logo
Visit WebsiteWebsite

Bankruptcy Law Center

1230 Columbia St UNIT 1100, San Diego, CA 92101
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

Bankruptcy Law Center is a San Diego office that also serves San Marcos and the surrounding areas. Its team of attorneys has a combined legal experience of more than 100 years. They focus on helping individuals, families, and businesses overcome their financial challenges by finding solutions under the US bankruptcy code. The attorneys at the Bankruptcy Law Center provide consultation and assistance in filing for chapters 7, 11, and 13 bankruptcies.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (158)
Yelp
5.0 / 5 (96)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Bankruptcy Legal Center logo
Visit WebsiteWebsite

Bankruptcy Legal Center

110 West A Street, 11th Floor, San Diego, CA 92101
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Credit Card Debt
  • Debt Settlement

Business Description

Bankruptcy Legal Center provides counsel and representation services for consumers in and around San Marcos. Its attorney, Nona Maddah, protects clients from creditor harassment and helps them eliminate credit card debt and stop wage garnishment through bankruptcy. She educates them about their legal options, which are chapters 7 and chapter 13 bankruptcy. An encounter with an attorney who showed compassion to one of her family members made Maddah want to become a lawyer. She is a member of the California and San Diego Bankruptcy Forums.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Yelp
5.0 / 5 (6)
Bostick Legal, APC logo
Visit WebsiteWebsite

Bostick Legal, APC

401 West A Street, San Diego, CA 92101
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Bostick Legal, APC provides debt relief services in San Marcos. Founder Tanisha Bostick is a bankruptcy attorney helping clients obtain financial freedom. She examines debtors' financial situations to assess whether filing for bankruptcy is the best possible legal action. She also explains bankruptcy options such as debt discharges following chapter 7 bankruptcy and repayment plans under chapter 13 bankruptcy, allowing clients to make informed decisions. In addition, she seeks to stop collections, repossessions, wage garnishments, creditor harassment, and foreclosures.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Avvo
5.0 / 5 (8)
Google
4.0 / 5 (4)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Debt Relief Legal Clinic logo
Visit WebsiteWebsite

Debt Relief Legal Clinic

122 Civic Center Dr STE 204, Vista, CA 92083
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Debt Relief Legal Clinic is a bankruptcy law firm composed of two lawyers. Serving the San Marcos area, the company helps clients address car debt and mortgage payment through chapter 13 bankruptcy. The legal office also assists debtors in navigating the process of filing chapter 7 bankruptcy. John C. Colwell, one of the firm's attorneys, has been practicing in the area of consumer bankruptcy since 1989. He is the president of the National Association of Consumer Bankruptcy Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (5)
Facebook
5.0 / 5 (3)
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Doan Law Office logo
Visit WebsiteWebsite

Doan Law Office

312 S Juniper St #101, Escondido, CA 92025
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Doan Law Firm offers debt relief solutions to clients of San Marcos through bankruptcy proceedings or non-bankruptcy alternatives. It guides individuals through the process of either eliminating debts or developing a repayment plan and assists in protecting them from creditor harassment, levies, evictions or foreclosures, repossessions, and lawsuits. Doan provides services that aid in managing a client's valuables, such as keeping or replacing a vehicle or surrendering properties, as well as in improving their credit score. It also offers to aid with bankruptcy alternatives, such as debt settlement and collection defense.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (95)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Harley A. Feinstein Attorney at Law logo
Visit WebsiteWebsite

Harley A. Feinstein Attorney at Law

3111 Camino Del Rio North Suite 400, San Diego, CA 92108
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Debt Settlement

Business Description

Harley A. Feinstein is a private attorney helping clients in San Marcos and the surrounding areas. Feinstein assists individuals and small business owners in obtaining debt relief and financial freedom through bankruptcy. He represents clients in chapters 7 and 13 bankruptcy proceedings, helping them weigh their options and complete the necessary paperwork. He also keeps homeowners from losing their homes due to foreclosure. Feinstein has been practicing bankruptcy and personal injury law for over 40 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (22)
Google
5.0 / 5 (13)
Yelp
5.0 / 5 (12)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Office of Bill Parks logo
Visit WebsiteWebsite

Law Office of Bill Parks

316 S Melrose Dr Ste 100, Vista, CA 92081
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

The Law Office of Bill Parks offers bankruptcy law services to clients in San Marcos and the surrounding areas. In his office in Vista, Parks helps his clients identify the type of bankruptcy that best fits their situation and eligibility. He provides legal consultation on chapters 7, 11, and 13 bankruptcies and assists his clients throughout the process. Other than bankruptcy law, Parks also practices in the areas of criminal defense, home solicitation, and personal injury law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.5 / 5 (2)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Law Office of Daniel G. Shay logo
Visit WebsiteWebsite

Law Office of Daniel G. Shay

2221 Camino Del Rio South, San Diego, CA 92108
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Law Office of Daniel G. Shay has been defending the rights of individuals, families, and small business owners in San Marcos and neighboring areas since 2008. The firm focuses on various bankruptcy matters, which include Chapter 7 and 13, debt settlement agreements, mortgage problems, and claims against creditors. It has experience helping clients pass Chapter 7 bankruptcy means tests, protect assets by using bankruptcy exemptions, resolve mortgage foreclosure issues, and recover damages against creditors who violate their rights.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (46)
Yelp
5.0 / 5 (21)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Office of Michael T. O'Halloran logo
Visit WebsiteWebsite

Law Office of Michael T. O'Halloran

401 West A Street, Ste. 1150, San Diego, CA 92101
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Office of Michael T. O'Halloran has been representing the San Marcos community since 1994. The firm helps clients who are facing debt and insolvency issues by evaluating their current circumstances and filing for bankruptcy relief under the Bankruptcy Code when appropriate. Its attorney, Michael O'Halloran, has been practicing law since 1981. He is board-certified in business and consumer bankruptcy law and served as chair of the California State Bar's Personal and Business Bankruptcy Law Advisory Commission.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Office of Richard Komisars logo
Visit WebsiteWebsite

Law Office of Richard Komisars

2840 Adams Avenue, Suite 309, San Diego, CA 92116
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Office of Richard Komisars provides debt relief solutions tailored to the needs and financial situation of each San Marcos client. The firm represents individuals throughout every step of the bankruptcy process and offers same-day filing when urgently needed. Richard Komisars creates legal strategies to deal with problems such as wage garnishment, creditor harassment and lawsuits, and foreclosures. He has been practicing law since 2008 and has assisted over 650 clients in filing for bankruptcy.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (6)
Google
5.0 / 5 (2)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Offices Of Adam B. Arnold logo
Visit WebsiteWebsite

Law Offices Of Adam B. Arnold

2552 Fletcher Parkway # A, El Cajon, CA 92020
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Offices Of Adam B. Arnold is a bankruptcy firm that works with individuals and businesses in the San Marcos area and the surrounding locations. The firm assists clients in filing chapter 7 and 13 bankruptcy petitions to help them protect their families or businesses during financial crises. It also offers debt negotiation services to clients who are looking for an alternative solution to their financial problems. Adam Arnold, the firm's founder, has more than 15 years of experience as a bankruptcy attorney.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (332)
Google
5.0 / 5 (75)
Law Offices of Mark L. Miller logo
Visit WebsiteWebsite

Law Offices of Mark L. Miller

2341 Jefferson St, San Diego, CA 92110
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

The team of bankruptcy attorneys at the Law Offices of Mark L. Miller represents debtors in San Marcos. With over two decades of experience, this firm is familiar with the different scenarios that can happen during bankruptcy proceedings. Its legal practitioners are also adept at dealing with creditor harassment and filing lawsuits against those who have violated the Fair Debt Collection Practices Act. They can also guide small businesses seeking to file for chapter 11 bankruptcy to obtain relief from debt.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Yelp
4.5 / 5 (54)
Google
4.7 / 5 (53)
Facebook
5.0 / 5 (3)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Paul Staley Law Office logo
Visit WebsiteWebsite

Paul Staley Law Office

1901 1st Ave., Flr 1, San Diego, CA 92101
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Debt Settlement

Business Description

The Paul Staley Law Office represents debtors in and around the San Marcos area. Lawyer Paul Staley, who has more than 25 years of experience, helps clients stop lawsuits, bank levies, and wage garnishment through chapter 7 bankruptcy filing. He also assists them throughout the process of filing for chapter 13 bankruptcy, which caters to consumers with stable income and are able to settle debts in repayment plans. Staley is the author of "The Bankruptcy Lifeline." He is a member of the NACBA and the San Diego Bankruptcy Forum.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Yelp
4.0 / 5 (11)
Google
4.1 / 5 (9)
Facebook
3.9 / 5 (7)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
San Diego Bankruptcy Attorney logo
Visit WebsiteWebsite

San Diego Bankruptcy Attorney

4556 Essex Court, Carlsbad, CA 92010
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

San Diego Bankruptcy Attorney focuses on serving individuals and business owners throughout San Marcos. For the last 27 years, the office has been helping clients get rid of a wage garnishment, limit home equity, and stop collection letters through a variety of bankruptcy services. These include vehicle repossession, IRS tax relief, debt settlement, and loan term extension. Founder Mark Wolf has been dedicating his private practice to estate and financial planning since 2000. He also handles chapters 7, 11, 13, and 20 bankruptcy cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (13)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
San Diego Legal Pros logo
Visit WebsiteWebsite

San Diego Legal Pros

3110 Camino del Rio S UNIT 315, San Diego, CA 92108
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

San Diego Legal Pros offers legal counsel and representation for San Marcos residents. The law firm handles various legal areas including bankruptcy. Jon M. Cooper, the company's bankruptcy lawyer, helps clients understand their bankruptcy options. Cooper helps clients stop creditor harassment through chapter 7 bankruptcy. Aside from chapter 7, he also assists debtors in filing chapter 13 bankruptcy. The attorney has been in practice since 2001. He is a member of the National Association of Consumer Bankruptcy Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (126)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
The Law Office of Mark A. Reed logo
Visit WebsiteWebsite

The Law Office of Mark A. Reed

7710 Balboa Ave Suite 316, San Diego, CA 92111
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Office of Mark A. Reed represents individuals and families in the San Marcos area. Principal Mark Reed, who has over two decades of experience, helps clients file for chapter 7, 11, or 13 bankruptcy. Whether the situation resulted from job loss, medical issues, or a divorce, he educates clients about their legal options to help them make informed decisions. The attorney also practices family law, catering to parents involved in child custody and support disputes. Reed takes a limited number of cases, allowing him to provide personalized assistance.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Yelp
4.5 / 5 (17)
Google
4.6 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Law Offices of Gerald L. Bohart, A.P.C. logo
Visit WebsiteWebsite

The Law Offices of Gerald L. Bohart, A.P.C.

9988 Hibert Street, San Diego, CA 92131
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Office of Gerald L. Bohart, A.P.C. offers legal representation and consultation in San Marcos. Gerald Bohart can support clients experiencing insolvency weigh their options, and file for the bankruptcy chapter that fits their needs and goals. As a bankruptcy lawyer, Bohart has the knowledge to aid clients in filing chapter 7, chapter 11, and chapter 13 bankruptcies under the Bankruptcy Code. The Law Offices of Gerald L. Bohart, A.P.C. is a member of the National Association of Consumer Bankruptcy Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (22)
Google
5.0 / 5 (21)
Facebook
5.0 / 5 (7)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Tokarska Law Center logo
Visit WebsiteWebsite

Tokarska Law Center

185 West F Street #100, San Diego, CA 92101
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Debt Settlement

Business Description

Established in 2008, Tokarska Law Center is a bankruptcy law practice that serves individuals and small businesses in San Marcos and the surrounding areas. Its team reviews clients' income, expenses, debts, assets, and goals. It assists with the filing of chapters 7 and 13 bankruptcy. The firm also helps clients pursue non-bankruptcy alternatives such as consolidation, settlement, and loan modification. Principal attorney Kathryn Ursula Tokarska is a member of the California Bankruptcy Forum. She can serve clients in English and Polish.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
4.2 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
VC Law Group logo
Visit WebsiteWebsite

VC Law Group

6540 Lusk Blvd. Suite C219, San Diego, CA 92121
Visit WebsiteWebsite
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The VC Law Group serves individuals and businesses in and around San Marcos. Vik Chaudhry, one of the firm's partners and attorneys, prepares chapter 7 bankruptcy petitions for consumers. He also represents them in creditor meetings and helps them recover garnished money. In addition, he drafts chapter 13 bankruptcy plans and checks that clients obtain the benefits that come along with filing this type of bankruptcy. Chaudhry is the San Diego North County Bar Association's Bankruptcy MCLE Chair.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.5 / 5 (10)
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Wiese Bankruptcy Attorney logo
Visit WebsiteWebsite

Wiese Bankruptcy Attorney

1287 Elfin Forest Rd E, San Marcos, CA 92078-1071
Visit WebsiteWebsite
  • Debt Settlement

Business Description

Wiese Bankruptcy Attorney is a bankruptcy law firm offering legal services in the San Marcos area. It can assist clients experiencing bankruptcy find protection under the United States Bankruptcy Code. The firm is equipped to handle cases for clients qualified to liquidate their assets under chapter 7. It can also help wage-earner clients modify their payment plans and settle debts under chapter 13 bankruptcy. Wiese Bankruptcy Attorney has been providing legal counsel and representation for 15 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (7)
Google
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a bankruptcy attorney do?

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

What happens when you file bankruptcy?

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Can you file bankruptcy on student loans?

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

What is bankruptcy fraud?

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

How long is bankruptcy on public record?

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Does bankruptcy clear tax debt?

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.


Can they take my car in Chapter 7 bankruptcy?

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

How bad is it to file bankruptcy twice?

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Can anyone file bankruptcy?

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

How will bankruptcy affect my credit score?

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

What are the benefits of filing for bankruptcy?

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

What's the difference between debt settlement and bankruptcy?

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

Read all FAQs