A Maryland Attorney
Do I Need a Social Security Number to File for Bankruptcy?No. You do not need a Social Security Number (SSN) to file bankruptcy. You can file bankruptcy without any identification number. However, if you are not eligible for a SSN, and you are working, it is advisable that you obtain a Individual Tax Identification Number (ITIN). These numbers are readily issued by the Social Security Administration. You can get an ITIN regardless of your immigration status. If you want a tax identification number, you should just contact the Social Security Administration and request a “individual tax identification number”. (The government wants people to work and is willing to accept income tax from individuals who work, regardless of the immigration status.) If you have a Tax I.D. Number issued by the Social Security Administration you can use that number to file bankruptcy. Regardless, you can file bankruptcy regardless of immigration status, without either an SSN or ITIN.If you would like to discuss your eligibility to file bankruptcy, just give us a call. We will be more than happy to give you a free 15 telephone consultation.
very helpful, thank you!
Great Advice, Bankruptcy is sooo confusing!
Let us know if you have any questions that we can help you find the answers to
WHAT IS BANKRUPTCY?Bankruptcy is a process allowed by Federal Law that enables debtors who owe more money than they can pay to eliminate their debt or to work out a payment plan to pay a portion (or all) of their debt over time. Part of the relief pursuant to Federal Law is called an “automatic stay”. The automatic stay requires that all creditors stop all activity against the debtor. So, if a creditor is suing you, the lawsuit is frozen and the debtor must seek special permission to proceed against you. All creditors must stop all of their harassing phone calls and other collection activities. Creditors must stop all garnishment activities. For many debtors, the automatic stay brings immediate relief and peace of mind. Substantial changes have been made to the bankruptcy laws that have complicated the process. Bankruptcy was always a paper intensive process, but now, it is even more so. In an effort to curtail costs and reduce the paperwork involved, we offer out clients a discount off the attorney fees, if the client provides all of the required documentation in organized PDF format. If you would like to find out if you qualify for a Chapter 7 bankruptcy, call us for a free confidential telephone consultation.
What are the different chapters in bankruptcy, and how do I know which one to file for?
There are two types of bankruptcy most often filed by individuals, Chapters 7 and 13. A Chapter 7 is a discharge of unsecured debt, often referred to as a "fresh start". A Chapter 13 is a reorganization and requires that the Debtor participate in a payment plan. Through the payment plan the individual pays some or all of the debt. The type of bankruptcy that an individual can file depends upon the income of the individual and the goal of the debtor.
Stop Foreclosure If you have found yourself in circumstances where you are unable to pay your mortgage, you need to evaluate your circumstances and explore your options. It is important to determine whether your set back is temporary or permanent. You should speak to your lender about refinancing your mortgage or other alternatives to help reduce your payment. It may be beneficial to borrow money from a relative.If you have explored all of your options, and it is not possible to maintain your mortgage payments, then learning what benefits bankruptcy may offer you should be your next step. For example, if you have acquired mortgage arrears and have no way to pay them, filing bankruptcy will allow you to group the mortgage arrears with other debts and make monthly payments over the course of 5 years. Or, if you have two mortgages, and the value of your house is less than the first mortgage, you may be able to “strip off” the second mortgage and pay only a portion of that debt. It is critically advisable that you avoid getting sued or a having a Judgment entered against you.If you would like to find out if you qualify for a Chapter 7 bankruptcy, call us for a free confidential telephone consultation.
When Are My Debts Actually Discharged?A discharge is usually received about 5 months after the Petition is filed. However, creditors and the trustee can object to the Debtor’s discharge, but the “objection to discharge” must be filed within 60 days after the 341 meeting. The “objection to discharge” initiates an adversary proceeding. The Debtor must defend his right to discharge in the proceeding, or risk not obtaining a discharge. If no objection to discharge is filed, the discharge is usually granted about 60 days after the 341. Also, an objection to discharge filed by one debtor does not prevent or delay the entry of a discharge of the balance of the debtor's debts. Questions? Call us at (301) 515 - 1191 for help.
What debts are dischargeable?In a Chapter 7 credit card debt, unsecured loans, medical bills, most judgments, debts for services rendered, and old income taxes are dischargeable. A second mortgage on a home is not dischargeable, even if it is unsecured by any interest in the property. Priority taxes, liens against property, student loans, and family support obligations all survive bankruptcy.In a Chapter 13, all debts, except family support, restitution, student loans, old taxes if no return was filed, and judgments related to drinking and driving offenses are subject to discharge. If a second mortgage on a home is completely unsecured, then that debt can be included in the bankruptcy. If you would like to explore the possible benefits of filing bankruptcy, give us a call.