Myths About Bankruptcy

MYTH 1 Because of changes in the law, I can't file for bankruptcy anymore.

NOT TRUE.

This misconception is the result of news media frenzy. The truth is, you can do almost everything under the new law that you could under the old law. In some cases, the new law increases the benefits of filing bankruptcy.

MYTH 2 Filing bankruptcy will ruin my credit.

NOT TRUE.

Lets face it. If you are filing bankruptcy, your credit is in bad shape anyway. The fact is, you are more likely to get credit after you file an Arizona bankruptcy, than if you choose not to file. Initially, banks, credit card companies ad other lenders will want more money down, and will charge higher interest rates. If you pay your bills on time, start saving money and do the things that would typically help your credit score, it will start to improve. The truth is our experienced Phoenix bankruptcy attorneys have had many clients buy cars and trucks almost immediately after finishing their bankruptcy.

While an Arizona bankruptcy will remain on your credit report for ten years, your ability to borrow and your credit may actually increase since you will no longer struggle to pay bills that you could not afford.

MYTH 3 I will lose everything I own if I file bankruptcy.

NOT TRUE.

Most of our chapter 7 Arizona bankruptcy clients do not lose anything. Every state has exemptions that protect certain kinds of property. In Arizona, there are exemptions to protect such things as your house, your cars, household goods and furnishings, IRAs, retirement plans, and a number of other things. Even in a chapter 13 Arizona bankruptcy, in the rare case where you have more property than can be protected through the exemptions, you can typically keep this property by paying a higher chapter 13 plan payment.

At the same time, filing bankruptcy does not generally wipe out or get rid of mortgages or liens against your property. Therefore, if you want to keep a car, truck, home or business equipment that serves as collateral for a loan, you need to keep paying on the debt. If you make these payments and have exemptions to cover any value above what is owed, our experienced Phoenix bankruptcy attorneys will help you keep these items.

MYTH 4 Filing bankruptcy makes me a bad person.

NOT TRUE.

Everyone wants to pay their bills, and everyone needs to take care of their family. Everyone. But, when you can't do both, bankruptcy is there to help. Getting rid of certain debts frees up money to better take care of your family.

There are many good reasons why over 1 million families will file bankruptcy this year. The economy is in upheaval. Job losses, medical difficulties, family emergencies, bad decisions, failed businesses, etc., can happen to anyone. The bankruptcy laws exist for precisely this reason. To help you through these difficult times and give your family a "fresh start".

MYTH 5 It is really difficult to file for bankruptcy.

With our experienced Phoenix Arizona area lawyers help, filing bankruptcy is easy. The decision to file may be hard, but once the decision is made, filing is easy.

At McGuire Gardner, your case is overseen by a certified bankruptcy specialist, certified by the State Bar of Arizona's Board of Legal Specialization. There are only a handful of certified bankruptcy specialists in Arizona that help debtors file bankruptcy and our experienced Phoenix bankruptcy attorneys will make it easy for you.

When you want bankruptcy done right, you go to an experienced attorney. We have that experience.

MYTH 6 Creditors will continue to harass me after I file bankruptcy.

NOT TRUE.

When your bankruptcy is filed, the Bankruptcy Court issues an order telling all of your creditors stop contacting you. This is called the "automatic stay". This prohibits creditors from pursuing collections efforts and requires them to cease contact. If a creditor violates the automatic stay, you can bring an action against the creditor.

MYTH 7 Everyone will know I filed bankruptcy.

NOT TRUE.

Although a bankruptcy filing is a matter of public record, it is likely that the only people who will know are the creditors you list in your bankruptcy and people you tell. Unless someone has a specific reason to try and track down information on you it is very unlikely that anyone will know you have filed an Arizona bankruptcy.

MYTH 8 You can only file for bankruptcy once.

NOT TRUE.

Although there are various restrictions on being able to file for bankruptcy again, it is possible. There may be consequences to filing a second time, however, you do not become ineligible to file for bankruptcy just because you have had to file for it once before. The restrictions and consequences of filing for bankruptcy more than once are specific to your situation.

MYTH 9 I will never be able to own anything again.

NOT TRUE.

The truth is that you can buy and own whatever you can afford once you get your discharge in bankruptcy.

MYTH 10 If I file I will lose my house, my car and my retirement savings.

NOT TRUE.

Because of several exemptions built into the bankruptcy law, most people who file for bankruptcy protection do not lose any property at all. In Arizona, there are exemptions that apply to these items.

MYTH 11 I can't get rid of back taxes through bankruptcy.

NOT TRUE.

The truth is, it depends on what type of taxes you have and how old they are. Income taxes more than 3 years old can be discharged under certain circumstances. There are a few qualifications that have to be met, but if those are met, you can discharge certain taxes.

By the same token, there are certain taxes that you can not discharge. Our experienced Phoenix bankruptcy attorneys can explain these issues in greater detail during your initial free consultation.

MYTH 12 If I am married my spouse and I must both file bankruptcy.

NOT TRUE.

We have filed numerous cases where one spouse or the other, but not both, filed bankruptcy. In many cases, where husband and wife both have a lot of debt, it makes sense and saves money for them to both file, but it is not required. In some cases, there is no reason for the other spouse to file, and there may be important reasons not to file for a particular spouse.

MYTH 13 I can pick and choose which debts and property to list in bankruptcy.

NOT TRUE.

You must list all your property and debts. Often a client will want to omit a debt because they intend to keep paying it. Repaying a debt after bankruptcy is o.k. Failing to list debt or item of property is not.

MYTH 14 I will lose my job because I filed bankruptcy.

NOT TRUE.

Employers are not allowed to fire someone or refuse to hire someone for filing bankruptcy.

Call 800-899-2730 to set up a free consultation with an experienced Phoenix bankruptcy attorney about your Arizona bankruptcy. With the help of our Phoenix bankruptcy lawyers at McGuire Gardner, filing bankruptcy is easy.