Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I will be happy to assist you. First, a bankruptcy will be reported on your credit report for 10 years. It will show a notation of filing, but no details. Just date of filing and date of discharge. The credit card companies will cease reporting you in a negative status because your debt is discharged. Your credit score will acutally increase to about an average of 720 after about a year. You will be able to get other credit and can secure a mortgage although your interest rate may be higher than someone who didn't file bankruptcy. Another words there is life after a bankruptcy. We have this in our country to help people, not punish them for life. Think of it as a clean slate.
Secondly, yes, Credit Card companies can and usually will file a court action, receive a judgment and then search for assets or if you are working garnish wages. Depending on your State they have different laws regarding each of those actions. Again each state has statutes which govern what assets, bank accounts and wages can be seized by a creditor with a valid judgment, but most allow checking and savings accounts to be garnished.
It depends on if they are able to locate your assets, if they can then they will execute on their judgment
In order to keep one card in good standing you must have a zero balance on it, or it will have to be included in the bankruptcy. You cannot take a partial bankruptcy, so all assets and all debt must be listed in the bankruptcy.
If it is a business card in a business name, then it does not have to be included.
I do not know any personally, but there is a Montgomery Bar Association Website that has attorney referrals.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).