Chaper 7 
 Chapter 13 

Garnett Law Office
Britt M. Garnett

101 Plaza East Blvd.

Suite 310

Evansville, IN 47715



(M-Th.): 8:30AM - 5:00PM

(Friday): 8:30AM - Noon

Closed (Daily): Noon - 1PM


P: 812.424.2991

F: 812.468.8690

E: legal@bgarnettlaw.com


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Frequently Asked Questions (FAQs)

Will my bankruptcy be in the newspaper?

Yes. Our office has no control over whether or not a bankruptcy will be reported in the newspaper. By law, the filing of a bankruptcy is considered public record.


What happens if I don’t file bankruptcy and fall further behind on debts?

Eventually, the creditors will file a lawsuit and this may result in the court rendering a judgment against you for the amount owed, plus court fees and court costs. Additionally, if your contract so provided, the creditor may also recover attorney’s fees. The creditor would then be able to confiscate your property, garnishee your wages, force the sale of your real estate or take similar actions to satisfy the judgment.


Will I lose my house and my automobile when I file bankruptcy?

In many cases your automobile and house will be exempt. Keeping your house and vehicle will require that you continue to keep your payments current. There are equity limits for protecting your house and vehicle. Your attorney will advise you of the equity limits and determine if the property is exempt.


I have a Sheriff's Sale. What should I do?

If you have a Sheriff's Sale scheduled and you want to keep your real estate, you MUST return your paperwork and pay your initial fees at least 2 weeks prior to the Sheriff's Sale. Please be advised that if you wait until the last minute, we will not be able to file your bankruptcy in time to stop the Sheriff's Sale.


Does it really take ten years to regain good credit after filing bankruptcy?

Your bankruptcy will likely remain on your credit report for ten years. However, some lenders will consider extending you credit much sooner if you are diligent about rebuilding your credit. Several months after your bankruptcy is completed, you may want to get a copy of your credit report. You want to make sure that the debts you discharged in your bankruptcy are listed correctly. This office has no control over how debts are reported on a credit report. It is up to the creditor you owe to report that the debt was discharged in bankruptcy. If a debt is reported incorrectly, it is your responsibility to dispute it with the credit reporting agency.


Will I be able to get new credit cards after I file?

There are many companies that will offer credit to assist in rebuilding your credit after you file your bankruptcy. However, our office does not recommend getting credit cards after the bankruptcy is discharged.


Can bankruptcy stop my wages from being garnished?

Filing bankruptcy will stop wage garnishments from unsecured creditors immediately. There are some types of wage garnishments that may not be able to be stopped when a bankruptcy is filed. These include child support, student loans, delinquent taxes or criminal matters.

Unlike other creditors, the IRS is not limited to 25 percent of your net income and will often take anywhere from 30 to 70 percent instead. If you currently have an IRS payroll garnishment, waiting to talk to an experienced personal bankruptcy lawyer about it is not a good idea. There are solutions available to repay your tax debt in a Chapter 13 bankruptcy.


For more information, please contact Garnett Law Office for your free initial consultation.


Will bankruptcy stop creditor harassment?

If you decide that filing bankruptcy is the best solution, we'll work with you to gather the necessary paperwork and file the bankruptcy petition as soon as possible. Once filed, the automatic bankruptcy stay goes into effect. The automatic stay prevents creditors from making any claims on your property after the filing date and will also stop any home foreclosure proceedings currently pending.


Once you make the decision to file bankruptcy and have come in for your free initial consultation, Garnett Law Office will provide you with information on what you can tell your creditors when they call you.


Will bankruptcy wipe out all my debts?

Yes, with the some exceptions. Bankruptcy will NOT eliminate the following:


• Money owed for child support, alimony, fines, and most taxes*.

• Payments ordered to be made in a divorce*.

• Debts not listed on your bankruptcy petition/schedules*.

• Loans where false information was knowingly given to the creditor*.

• Debts which were the result of "willful and malicious" harm*.

• Student loans owed to educational or governmental bodies*.

• Debts which where the result of fraudulent transactions, auto accidents involving non prescription drugs or alcohol and bad checks*.

• Debts which were made 60 days prior to the filing of the bankruptcy which were not a necessity*.

• Debts incurred through fraud*.

• Debts that arise after the bankruptcy has been filed, these debts are not dischargeable.

• Mortgage and other liens which are not paid through the bankruptcy case.

*Note: There are some exceptions


What else should I know?

Utility Services: public utilities, such electric companies, cannot refuse or cut off services because you have filed for bankruptcy. However, the utility company can require a deposit for future services and you do have to pay bills which arise after a bankruptcy is filed. If you list a utility which you are currently using (electric, water, etc.) there is a possibility your service will be disconnected. You should continue to pay these on a timely basis.

Discrimination: An employer or government agency cannot discriminate against you because you have filed bankruptcy.

Driver's License: If you have lost your license solely because you couldn't pay court-ordered damages caused by an accident, bankruptcy may allow you to get your license back.

Cosigners: If someone has cosigned a loan with you and you file bankruptcy, the cosigner may have to repay the debt.

Bad checks: Bankruptcy will NOT protect a debtor from criminal prosecution for bad checks.

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