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Frequent questions

What kinds of debts can be eliminated through bankruptcy?

Most kinds of debts can be eliminated through bankruptcy. It might be easier to tell you what kinds of debts cannot be eliminated with bankruptcy. You cannot eliminate debts for alimony or child support, you cannot eliminate student loans, and you cannot eliminate debts related to criminal actions. If you have recently run up debt, you may not be eligible to eliminate that debt, and if you obtained credit by making false statements, you may not be eligible to get rid of that debt either. But the creditor would have to take steps against you to prevent you from eliminating those debts.

Some tax debts can be eliminated in bankruptcy, but many tax debts will not go away.

If you have debts financing the purchase of property, whether it is a mortgage, deed of trust, vehicle loan, a furniture or appliance contract, if you wish to keep the property, you usually have to pay the loan. However, there can be exceptions to this requirement.

What is the difference between the service you provide from that of the many other bankruptcy attorneys in Las Vegas?

At a fresh start, we want you to understand your choices so you can follow the path that will best suit your individual needs. You do not work with a paralegal on your case, you work with an attorney with over 30 years of bankruptcy experience. After work on your case is over, we don’t just throw you out the door, we provide you with information and forms to help you to repair and rebuild your credit so that you future can be better.

What property will we lose if we file bankruptcy?

The only asset most bankruptcy clients lose is any upcoming income tax refund. However, the property that any individual might lost will depend on two things - 1) where you have lived during the past two years, which determines what laws apply to you and 2) what property you have.

How long does bankruptcy take?

There are two types of bankruptcy programs and each has its own time frame. A Chapter 7, or regular bankruptcy, usually takes 3 ½ to 4 months to complete, once it is filed, assuming that there are no complications. A Chapter 13 Bankruptcy, also called a "wage earner’s plan," can take between 3 to 5 years to complete. During the 3 to 5 years of the Chapter 13, monthly payments are being paid to settle all of the debts.

Do I make too much money to file bankruptcy?

Our office finds that people often receive misleading information about whether they can qualify to file bankruptcy. In many instances, people with a larger income can qualify to file bankruptcy if they have high living expenses, such as a large mortgage payment. Since there is no harm in looking at the facts of your case, we would invite you to consult with the attorney for specific information.

Besides Bankruptcy, what other ways can I eliminate my debts?

Creditors may be willing to settle a debt for less than the full balance owed if they are convinced that they will not be able to collect from you any other way. Creditors will not make you any "deals" based on easy monthly payments, but they may settle for a lump sum of cash if your offer is presented to them at the right time.

Can you help rebuild our credit if we filed bankruptcy with another lawyer?

We chose to provide credit rebuilding information as a way of thanking our clients for choosing a fresh start as their attorney. So if you hired another attorney, we cannot provide you with advice that we share only with our clients.


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A Fresh Start Law Office
2037 Franklin Ave • Las Vegas, NV 89104
Email: afreshstart@cox.net