Orange County Bankruptcy Attorneys

Bankruptcy Myths

Myth: Everyone will know that I filed for bankruptcy.

Not true.  Unless you are famous and the filing is picked up by the media, the only people who will know that you have filed for bankruptcy are your creditors and people you tell.  Bankruptcy filings are public records, but the number of filings is enormous. Someone would have to do a specific search for you in order to find out about your bankruptcy filing.

Myth: If I file for bankruptcy, creditors will harass me.

As soon as you retain our services, your creditors will be instructed to contact our offices. When we file your bankruptcy petition with the Bankruptcy Court, the Court will send a notice to all of your creditors that they are no longer allowed to contact you by phone, email, letter, or in person. If creditors try to collect money from you after you have filed your bankruptcy petition, they are likely breaking the law. We can help you take action against these creditors, up to and including suing them, at no cost to you.

Myth: All my debts will be wiped out in a Chapter 7 bankruptcy.

There are some debts that cannot be wiped out in bankruptcy. These debts are called “non-dischargeable debts.” For example, child support, alimony and debs incurred as a result of fraud are non-dischargeable debts. Some debts, like taxes and student loans, are usually non-dischargeable but may be wiped out in bankruptcy depending on your individual circumstances.

Myth: Bankruptcy will not get rid of my tax debt.

Tax debts are not generally wiped out in bankruptcy. However, you can get rid of your tax debt in limited situations. Our attorneys would need to evaluate your individual circumstances to determine if bankruptcy will get rid of your tax debt.

Myth: Only irresponsible people file for bankruptcy.

This is not true. Most people who file for bankruptcy are hardworking people who have undergone a change in their life circumstances. For example, many of our clients choose to file for bankruptcy after they have been through a medical crisis, gone through a change in family situation, or were between jobs for a short or extended period of time. A personal or business financial crisis is usually brought about by a variety of things which are not in your control.

Myth: If I file for bankruptcy, I will lose everything I own, including my house and car.

This is not true. Most people who file for bankruptcy get to keep everything they own.

Myth: Filing for bankruptcy will ruin my credit.

This is not true. Filing for bankruptcy and getting rid of burdensome debt, may actually make you more attractive to lenders because you will be more able to handle more credit, compared to someone who already has a large amount of debt.

Myth: My employer will fire me if I file, and nobody will hire me once they find out I filed for bankruptcy.

It is against the law for your current employer to fire you for filing for bankruptcy. Although your credit history may be one factor considered by potential employers, most of our clients have no problem with new employers after bankruptcy filings. Also note that a prospective employer cannot pull your credit report without a signed release permitting them to do so.

Myth: Spouses must file for bankruptcy together.

In cases where both spouses have a lot of debt or there is a lot of joint-debt, it will make sense for spouses to file for bankruptcy together. But this is not always the case. We have many married clients who choose to file individually without their spouse.

Myth: I can’t file for bankruptcy again because I already filed once in the past.

It is possible for you to file for bankruptcy more than once. Generally speaking, a person may file for Chapter 7 bankruptcy once every 8 years, or file for Chapter 13 bankruptcy once every 6 years.