Areas of Practice:

Bankruptcy:
	Chapter 7, Liquidation
	Chapter 13, Personal Reorganization

Frequently Asked Questions:

Question: Now that the new law has passed, can I still file for Bankruptcy?
Answer: Despite the new bankruptcy laws, it is still possible to file for Bankruptcy. Under the new laws there are simply some additional restrictions. The new law requires that all debtors whose debts are primarily consumder debts (most people), must receive a briefing from an approved agency that outlines the available oppurtunites for credit counseling. A list of the approved agencies is available at http://www.usdoj.gov/ust/bapcpa/ccde/cc_approved.htm#PA. You will need to scroll down to the Section entitled PAW Western District of Pennsylvania to view the agencies approved for persons wishing to file in Western Pennsylvania. Additionally the new law will require all persons filing for bankruptcy to undergo an approved Personal Financial Instructional Course. Finally, the new law has created a new "means test", which is designed to determine whether an individual has the ability to repay some of their debts. If the "means test" determines that the invidual has the ability to repay some of their debts, then that individual may not be able to file for protection under Chapter 7. Ultimately the question of whether an individual is eligible to file under Chapter 7 is best determined during an office consultation.

Question: Should I file under Chapter 7 or Chapter 13?
Answer: Ultimately this can only be determined through an office consulation. As a general rule, if you are current on your mortgage payments (if you want to save your home)and do not have more than eighteen thousand dollars ($18,000.00) in equity in your home (thirty-six thoudand dollars ($36,000.00) if the home is owned jointly), you may want to consider a Chapter 7 Bankruptcy.

Question: Will Bankruptcy eliminate all of my debts?
Answer: No. Bankrtupcy will generally allow for the elimination of the most common types of debt (credit cards and personal loans), however, there are some debts that cannot be eliminated through a bankruptcy. Some of the debts which cannot be eliminated through a bankruptcy include: most student loans; child support obligations; and most income taxes

Question: Can I get rid of my mortgage or car loan through Bankruptcy?
Answer: Yes and no. Secured loans like mortgages and car loans have two components, the individual's personal obligation to repay the loan and the creditors right to come after the collateral if the loan is not paid. The bankruptcy can eliminate the personal obligation to repay the debt, however, Bankruptcy generally does not remove the creditors right to come after the collateral. As a result, if the mortgage or car loan is not paid, the creditor will eventually either foreclose of the real estate or repossess the vehicle. If you want to keep your home or vehicle, you must remain current on the payments.

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