What about my bank accounts?
If you owe money to the bank where you
have your checking or saving accounts, such as credit cards,
personal loans or ready credit accounts, you must close all your
accounts at the bank. You need to also close the account if you
have automatic payments deducted from your accounts. If you do not
owe any money to the bank, you will not have to close your
accounts. Take note that if you have voluntary payments taken
automatically out of your checking account or payroll account, you
must call the bank or payroll department to stop them. Filing
bankruptcy will not automatically stop those payments.
What about personal loans at
finance companies?
If you have taken out a loan at a finance company and listed your
personal property (furniture, stereos, televisions, etc.) as
collateral, the loan will be discharged and you will be able to
keep your property. Be advised that this office will file a Motion
with the Court to prevent the finance company from collecting the
collateral. This Motion is called a Motion to Avoid Nonpossessory
Lien. Upon the filing with the Court, you will receive a notice of
the filing from the Court. It is nothing for you to worry about,
nor is it anything you have to take any action on. The Court
automatically notices you every time anything is filed in your
case.
What about past due utilities?
Can I include them in the bankruptcy?
If you have utility bills that are past due (electric, telephone,
etc.) you can list them as unsecured creditors on your petition.
The date the bankruptcy is filed, any debt that you have with the
company from that date back are dischargeable. From the date of
the filing forward, you are treated like a new customer. The
utility company can require you to make a deposit, so it is not a
good idea to file on utilities unless you are several hundred
dollars in debt. Remember, after the bankruptcy is filed, the
utility company has the right to charge a deposit. If you do not
pay the deposit within 20 days of demand, or you do not keep your
utility bill current after the filing, the utility company has the
right to shut off you service, even if you are in the middle of a
bankruptcy.
What about auto accidents?
You may list auto accident claims against you on the petition. You
will be allowed to get your license back if it was taken for
failure to pay damages in an accident. But filing a bankruptcy
does not stop criminal prosecution.
Should I put property into
someone else's name?
Any property transferred out of your name into someone else's a
year prior to filing a bankruptcy, could become the property of
the Court.
Do I need a credit report?
All of your creditors must be listed on your bankruptcy. If they
are not listed, they will not be discharged. If you think there
may be creditors on your credit report that you may not know
about, it is a good idea to obtain one. You can obtain a credit
report from the following sources:
Equifax - http://www.equifax.com
(800) 685-1111
Experian - http://www.experian.com (900) 397-3742
Trans Union - http://www.transunion.com (800) 916-8800
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