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Frequently Asked Questions


Bankruptcy Law


The following information includes frequently asked bankruptcy questions. The answers stated are general in nature and are not intended to apply to every bankruptcy and/or debt consolidation situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting bankruptcy Attorney James Patrick Brady, you can receive a personal consultation regarding your specific legal claim.

  1. When should I file for bankruptcy?
  2. Will I be able to rent an apartment or house after I file for bankruptcy?
  3. Will bankruptcy stop a lawsuit against me?
  4. Will bankruptcy stop my home from being foreclosed and/or my car from being repossessed?
  5. How do I rebuild my credit after filing for bankruptcy?
  6. Who will know about my bankruptcy?
  7. I only want to file bankruptcy on certain creditors, but not on others. Is this possible?
  8. What documents do I need to prepare before my bankruptcy appointment with an attorney?
  9. Do I have to go to court?
  10. Will bankruptcy get me out of child support or spousal support payments?

If you have considered filing bankruptcy, Contact Pat Brady at 1-866-607-7551 for a Call Toll Free




When should I file for bankruptcy?

We all need to seek legal bankruptcy advice early- before our health, marriage, employment or business stability is affected. Timing is often critical and waiting too long may result in fewer options and make a successful bankruptcy more difficult to accomplish.

The following may be warning signs preceding a Bankruptcy:

  • Financial complications of divorce
  • Inability to pay medical bills
  • Reduced income due to the loss of job or overtime hours
  • Attempting to save a failing business
  • Borrowing from credit cards and/or family to meet payments
  • Living on the line - one unusual expense can cause severe financial strain
  • Borrowing against home equity or 401k to pay bills
  • Borrowing from one credit card to pay another
  • Late car, house and utility payments
  • Threatened foreclosures or repossessions

Will I be able to rent an apartment or house after I file for bankruptcy?

A landlord can legally refuse to rent you an apartment because of a prior bankruptcy in your credit report. However, if you are presently renting a home or an apartment, your present landlord will typically renew your lease without running an updated credit report, and will probably not know that you filed for bankruptcy. If you are applying for a new lease, you may encounter some difficulties that may be handled by offering to make a larger security deposit to a potential landlord to alleviate his or her concerns.

Will bankruptcy stop a lawsuit against me?

If you are being sued, we strongly urge you to speak with debt-relief Attorney James Patrick Brady about filing for bankruptcy. A bankruptcy filing will stop a lawsuit immediately and prevent your creditors from placing a lien against your house or garnishing your wages.

Will bankruptcy stop my home from being foreclosed and/or my car from being repossessed?

Bankruptcy can prevent a foreclosure of your house or a repossession of your car. An "automatic stay" arises by law the instant a bankruptcy is filed. The automatic stay stops the foreclosure process and prevents any collection actions, such as repossessions or garnishments. Bankruptcy may also allow you to consolidate your mortgage arrears or automobile balance, and make payments on those debts over time through a repayment plan designed by Attorney James Patrick Brady

How do I rebuild my credit after filing for bankruptcy?

Although bankruptcy may be legally reported on your credit report for up to 10 years, you can begin to reestablish your credit immediately after your bankruptcy discharge. Lenders will consider many factors while determining whether to extend credit to you, but the most important of all factors that they will consider is your debt-to-income ratio. Based on the credit scoring models currently used by the credit reporting agencies, a debtor's credit score often actually improves upon the filing of a bankruptcy because of the elimination of debt.

Who will know about my bankruptcy?

Parties that receive notice of a bankruptcy are your creditors, the Bankruptcy Court, the IRS and the Texas Department of Revenue. Bankruptcy is a public record, so anyone who wants to try to find out about your bankruptcy could find out about it. Many people believe that notices of all bankruptcies are printed in the newspapers, but this is not true.

I only want to file bankruptcy on certain creditors, but not on others. Is this possible?

No. You are required by law to list all of your creditors, including friends and family members who have loaned you money. Intentional failure to list a debt is a serious matter and could result in a denial of your entire bankruptcy discharge. However, you are not prohibited from voluntarily paying selected debts after you file for bankruptcy. Houston, Texas Bankruptcy Attorney James Patrick Brady can explain how you can legally repay any debt you want, after your bankruptcy is over, on a purely voluntary basis without a reaffirmation agreement.

What documents do I need to prepare before my bankruptcy appointment with an attorney?

In order to prepare consumer bankruptcy papers, a client must bring the following documents when meeting with their bankruptcy attorney:

  • A list of all creditors, including addresses, account / loan numbers, and the amounts and description of each debt.
  • For each secured debt, such as a car loan or home mortgage:
    • copy of the latest statement showing the balance due on the debt
    • copy of the DMV registration or recorded trust deed for each secured debt
  • Income tax returns for the last two years, including W-2, 1099, and K-1 information.
  • Copies of the last two pay stubs or copies of bank statements for the last 90 days showing the amount and frequency of the client's income.
  • A detailed list of the debtor's monthly living expenses, i.e., food, clothing, housing, utilities, taxes, transportation, medicine, etc.
  • If self-employed, copies of monthly profit-and-loss statements for the past six months.
  • Copies of any lawsuits or judgments, regardless of whether the client is a plaintiff or defendant.
  • Copies of any family trusts or prenuptial agreements.

Do I have to go to court?

You must attend a first meeting of creditors in which Attorney James Patrick Brady will attend with you. This meeting is held in a hearing room used by the bankruptcy trustees, not in court. The trustee will ask you questions regarding your bankruptcy filing. If any of your creditors are present, they can also ask you questions. However, creditors rarely attend this hearing, and if they do, they rarely ask questions. Your attendance at this hearing is mandatory, and failure to appear can result in dismissal of your case.

Will bankruptcy get me out of child support or spousal support payments?

No. Under both old and new bankruptcy laws, child support payments and spousal support payments are not dischargeable in a Texas bankruptcy proceeding.

If you or someone you know in Houston, Texas, or within the surrounding cities and counties of Texas, needs debt consolidation legal counsel or the assistance of an experienced bankruptcy lawyer, contact Attorney James Patrick Brady today, at 866-607-7551, or use the contact form provided on this site to schedule a consultation with an experienced Texas debt-relief lawyer.