Frequently Asked Questions
Our knowledgeable legal team has extensive experience with helping our clients file for bankruptcy, prevent foreclosure, stop creditor harassment and receive protection from lawsuits. We offer free initial consultations to discuss options for your specific situation.
Contact the Law Office of Sam Henry for a free consultation and get the facts about bankruptcy. Gather as much of your financial information as possible and be honest about your assets and debts so we can advise you on the best course of action for your particular situation.Do not pull funds from retirement accounts. These are generally exempt in bankruptcy, but the taxes and penalties for early withdrawal are not.
Do not make excessive purchases or take large cash advances on your credit cards.
Do not transfer property out of your name in an attempt to hide assets. Our office can advise you on legal ways to protect your property.
We will discuss your options and the best course of action for your individual circumstances. Please bring any creditor bills or legal notices you have received from court filings or creditors with you. You are not under any obligation to make a decision at your consultation. We will compile the information required to file your case. Be honest about your circumstances so we can provide the best services possible.
Please bring-
- Driver’s License or ID
- Social Security card
- 6 months of pay stubs/income
- Creditor statements or bills
- Any lawsuits, citations, judgments and/or letters from creditor attorneys
We will review the information in your bankruptcy plan prior to signing. We will advise you of any applicable information you will need to receive your discharge at the end of bankruptcy. Yes. Begin the filing process as soon as possible so appropriate parties can be notified prior to the sale date. Yes. Begin the filing process as soon as possible so appropriate parties can be notified. If your vehicle has already been repossessed, filing as soon as possible can allow your vehicle to be released back to you prior to sale. Yes. Filing bankruptcy can prevent a pending garnishment or stop an active garnishment once appropriate parties have been notified. Having correct information for your employer’s payroll department can speed up this process once your bankruptcy is filed. Possibly, depending on the age of the tax debt and the timely filing of yearly tax returns. Our office can advise you of how tax debt will be addressed in your individual case. No. Spouses may choose to file jointly, but you can file for bankruptcy individually. However, information regarding the assets and wages of the non-filing spouse must be used in your statements and schedules to give an accurate picture of your financial situation. Depending on the debt, the non-filing spouse may become responsible for those debts. We can advise you on the best solution for your individual case.
Filing for bankruptcy does have an initial adverse effect on your credit score. However, so does not paying your creditors. You can rebuild your credit score after bankruptcy and be eligible for credit again in the future.
These companies have minimal regulation and, in many cases, no special leverage with lenders or credit reporting agencies. Assuming they are able to settle with creditors, the monetary value of the cancelled debt is usually considered taxable income.
By contrast, bankruptcy proceedings are governed by the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, and debt cancelled through bankruptcy is not generally considered taxable income.