Frequently Asked Questions

Q: Can you describe the process at MLG Bankruptcy Group?

A: The general process is as follows:
1) Make contact (phone, email or web) with attorney, who will gather some basic information about your situation.
2) Schedule free consultation with one of our attorneys
3) Gather documents necessary for consultation, such as paystubs and tax returns
4) During consultation, attorney will tell you all about the process, fees and what other items may be needed to file the petition
5) Once the petition is filed you attend a meeting of creditors with your attorney about one month after filing
6) After the meeting of creditors, you may be asked to provide other information, but most people get their discharge three months after filing.

Q: What debts can be discharged in bankruptcy?

A: While bankruptcy usually discharges most unsecured debts such as credit cards, medical bills and some judgments, bankruptcy will not reduce debts such as child support, student loans and most tax debts. For mortgages, car loans and liens, you generally can decide whether you want to continue making payments and keep the property or to surrender the property and have the debt discharged.

Q: Can I keep my home in bankruptcy?

A: You can keep your home in a Chapter 7 or Chapter 13 bankruptcy so long as you can stay current on your monthly mortgage payments. If you are behind on your mortgage and want to keep your home, Chapter 13 bankruptcy may be your best option if you qualify. If you are already in foreclosure, bankruptcy provides the breathing room for you to catch up on payments while determining what the best plan is for long-term success with your home.

Q: What if I am being garnished or I have received notice of a bank account levy?

A: Filing either a Chapter 7 or Chapter 13 bankruptcy petition puts an automatic hold on all collection activities, including a garnishment, levy or lawsuit. It is best to speak to a bankruptcy lawyer as soon as you receive notice of a garnishment and before any earnings have been taken. A bankruptcy attorney can help you understand what to expect with any garnishment, levy or lien.

Q: Will I lose any of my possessions in bankruptcy?

A: In either a Chapter 7 or Chapter 13 bankruptcy, you are allowed to exempt many of your assets up to a certain amounts. This includes almost anything of value such as equity in homestead real estate, equity in a car, a retirement account or pension, cash value of your bank accounts, jewelry, household goods, and more. Our bankruptcy attorneys will be able to tell you if you are at risk of losing any of your possessions.

Q: What is the bankruptcy process?

A: The first step is to speak with a bankruptcy attorney that can tell you your options. During your free consultation, we will make sure you understand what your bankruptcy case will look like, what type of bankruptcy you qualify for and what to expect from the bankruptcy process. We will also let you know the documents and information you need to gather to file for bankruptcy relief. Once we have all your information, we prepare and file a bankruptcy petition on your behalf. Typically one month later, you will attend the 341 Meeting of Creditors with your bankruptcy attorney. Most people receive their Chapter 7 bankruptcy discharge within two months after the Meeting of Creditors.

You have nothing to lose in consulting a bankruptcy lawyer who cares about the best decision for your future, whether that is bankruptcy or something else.

Q: What is the bankruptcy “Means Test” calculation?

A: Generally speaking, the Means Test is a calculation that determines whether you qualify for Chapter 7 bankruptcy or a Chapter 13 bankruptcy plan based on your annual income. During your bankruptcy consultation, we will complete the Means Test calculation and determine what form bankruptcy you qualify for.