FAQs

Sam Henry IV Attorney At Law

Have a bankruptcy-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • I am seeing conflicting information on the internet regarding bankruptcy. What should I do?

    For accurate information about bankruptcy, schedule a complimentary consultation with Sam Henry IV Attorney At Law. We'll provide you with factual, reliable guidance tailored to your specific situation.
  • What should I do prior to filing bankruptcy?

    Before filing for bankruptcy, collect all relevant financial documents and provide a comprehensive, truthful account of your assets and liabilities. This information enables us to recommend the most appropriate course of action for your unique circumstances.
  • What should I avoid prior to filing bankruptcy?

    Prior to filing bankruptcy, refrain from withdrawing funds from retirement accounts, as these are typically exempt but early withdrawal penalties are not. Avoid making substantial purchases or taking large cash advances on credit cards. Do not attempt to conceal assets by transferring property out of your name. Our firm can advise you on legal methods to safeguard your property.
  • What happens at my free consultation?

    During your complimentary consultation, we'll explore your options and determine the most suitable approach for your specific situation. Please bring any relevant documentation, such as creditor bills or legal notices from court filings. There's no obligation to make a decision during this initial meeting.
  • What documentation do I need for my worksheet appointment?

    For your worksheet appointment, please bring your driver's license or ID, Social Security card, income documentation for the past six months, creditor statements or bills, and any relevant legal documents such as lawsuits, citations, judgments, or correspondence from creditor attorneys.
  • Can filing bankruptcy stop foreclosure?

    Filing for bankruptcy can indeed halt foreclosure proceedings. It's crucial to initiate the filing process promptly to ensure all relevant parties are notified before the scheduled sale date.
  • Can filing bankruptcy stop vehicle repossession?

    Bankruptcy filing can prevent vehicle repossession if initiated quickly. If your vehicle has already been repossessed, prompt filing may facilitate its return to you before it's sold. Timely action is essential in these situations.
  • Can filing bankruptcy stop wage garnishment?

    Filing for bankruptcy can effectively prevent pending garnishments or cease active ones once the appropriate parties are notified. Providing accurate information for your employer's payroll department can expedite this process after your bankruptcy filing.
  • Does my spouse have to file bankruptcy if I do?

    While joint filing is an option, spouses are not required to file bankruptcy together. However, if filing individually, the non-filing spouse's financial information must still be included in the statements and schedules for an accurate representation of your financial situation. We can advise on the most appropriate approach for your specific case.
  • Should I consider a debt consolidation or credit repair company?

    Debt consolidation and credit repair companies often lack stringent regulation and typically don't possess special leverage with lenders or credit reporting agencies. Additionally, debt cancellation through these means may be considered taxable income. In contrast, bankruptcy proceedings are governed by federal laws, and debt discharged through bankruptcy is generally not considered taxable income.
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