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Arey & Cross
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“I work for a local survey company and have worked with this company for over 40 years and in my opinion they are one of the best real estate attorneys in Columbus.”
FAQs
If I am married, does my spouse have to file with me?
No. A married couple has the right to file a joint bankruptcy, and I do not charge extra fees for filing a joint case. However, just because you are married doesn't mean your spouse must file, too. I find many situations where the spouse has little debt and good credit. In that instance, I advise my clients for their spouse NOT file with them. In most cases, the non-filing spouse's credit will not reflect the bankruptcy of the filing spouse.
Can I discharge my child support or alimony in bankruptcy?
No, you will remain liable for these obligations after your discharge. However, in Chapter 13, past-due child support and alimony can be paid through your plan over 3 to 5 years and prevents your ex-spouse or DHR from garnishing your wages to collect the past-due amounts. You are required to stay current on your regular support payments in Chapter 13, and your case will be dismissed if you get behind on these payments.
Can I file for bankruptcy more than once?
Yes. The time between filings depends on whether you received a discharge in the previous case or your case was dismissed before discharge. It also depends on the Chapter you previously filed and the Chapter you are looking to file now. If you received a discharge in your prior Chapter 7 bankruptcy, you are eligible to file another Chapter 7 eight years following the filing date of your first case; if you want to file a Chapter 13 after a Chapter 7, you are eligible to file four years after the filing date of the prior case. If you received a discharge in Chapter 13, you might file a Chapter 7 six years after the filing date of your prior bankruptcy. If you filed a Chapter 13, and it was dismissed, you may file another chapter 13 bankruptcy at any time if you can show a change in circumstance since the dismissal, unless the order of dismissal in the prior case bars you from filing for a specified time period (often 180 days) which can happen if you voluntarily asked for the case to be dismissed after a motion for relief from stay was filed or for other grounds the court may specify.
Will I be able to get credit after bankruptcy?
Yes, you will be able to get credit after you file bankruptcy. Most people find that shortly after filing bankruptcy, they receive many credit card offers. Although we do not encourage you to take credit card offers-after all, we are trying to get you out of debt-you will be given many offers for credit.
More info can be found on the FAQ page of our website.
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