Our Washington Bankruptcy Law Firm
Thank you for visiting our site. We are a Tacoma law firm and Tacoma bankruptcy attorneys. We maintain this site to provide information on Chapter 7 bankruptcy and Chapter 13 bankruptcy and the bankruptcy court. While our offices are located in Tacoma our bankruptcy lawyers provide bankruptcy help to our clients throughout the greater Seattle metropolitan area, including Seattle, Tacoma and all of Pierce, King, Thurston, Snohomish and Kitsap counties. We’re also available to consult with people residing outside of those counties so please don’t hesitate to contact us.
Should I File Bankruptcy?
One question people commonly ask is “Should I file bankruptcy?” There is no easy answer to that question. Your situation is different than every other person that is considering filing bankruptcy. For some people Chapter 7 bankruptcy might be the right answer. For other people Chapter 13 bankruptcy might be the right answer. For other people the problem relates only to a home mortgage and a short sale, deed in lieu of foreclosure or foreclosure mediation might be the right answer. If you don’t yet know the difference between Chapter 7 bankruptcy, Chapter 13 bankruptcy and short sale that’s OK too! By the time you’re done reviewing the information on this website you’ll know the differences between Chapter 7, Chapter 13, short sale and other distressed real estate options. You should also begin to understand why it’s important to consult and work with an experienced bankruptcy attorney. Bankruptcy can be a complicated area. Distressed real estate finances and foreclosure can also be very difficult to face. Your personal situation deserves an objective analysis and the individual time and attention of an experienced bankruptcy lawyer. We hope that you’ll take the information you get here and use it your advantage.
Who Do Our Tacoma Bankruptcy Attorneys Work With?
We’re proud to offer the Chapter 7 bankruptcy and Chapter 13 bankruptcy information on this website and the services of our Washington bankruptcy attorneys to our community, particularly our service members at Joint Base Lewis-McChord, Bremerton, Bangor and Everett Naval Stations, Coast Guard Station Seattle and the rest of the Western Washington military community. Bankruptcy for military members can have unique aspects and we’re proud to be able to assist our service members.
We are a Tacoma bankruptcy law firm. However, we also work with clients throughout western Washington, including Seattle, Everett, Bremerton, Olympia, Federal Way, SeaTac, Bellevue and the rest of King, Pierce, Thurston, Kitsap and Snohomish Counties. The fact that we are Tacoma bankruptcy attorneys means only that we handle some conversations with you over the telephone and then we spend a little time on the road going to our clients meetings with the bankruptcy trustees. We are very flexible and can easily work with clients in the five Western Washington counties that we cover. We have one significant advantage over Seattle bankruptcy attorneys, and that is that our overhead is lower and we can pass our cost savings along to our clients in the form of more reasonable fees.
Frequently Asked Bankruptcy Questions
Q: I’m in Seattle, Bellevue or elsewhere in King County. Don’t I need a Seattle bankruptcy attorney?
A: No! Working with a Seattle bankruptcy attorney usually means you get a bigger bill, but not a better attorney. We strive to make the bankruptcy process as smooth for you as possible and the fact that you live in King County does not mean that you will be unreasonably inconvenienced by working with our Tacoma bankruptcy attorneys.
Q: What is a Chapter 7 bankruptcy case and how does it work?
A: A chapter 7 bankruptcy case is a proceeding under federal law in which the debtor seeks relief under chapter 7 of the Bankruptcy Code. Chapter 7 is that part (or chapter) of the Bankruptcy Code that deals with liquidation. The Bankruptcy Code is a federal law that deals with bankruptcy. A person who files a chapter 7 case is called a debtor. In a chapter 7 case, the debtor must turn his or her nonexempt property, if any exists, over to a trustee, who then converts the property to cash and pays the debtor’s creditors (note that the majority of chapter 7 cases are “non-asset” cases, which means there are no nonexempt assets that are turned over to the trustee). In return, the debtor receives a chapter 7 discharge, if he or she pays the filing fee, is eligible for the discharge, and obeys the orders and rules of the bankruptcy court.
Q: What is a chapter 13 bankruptcy case and how does it work?
A: A chapter 13 bankruptcy case is a proceeding under federal law in which the debtor seeks relief under chapter 13 of the Bankruptcy Code. Chapter 13 is the chapter of the Bankruptcy Code, which allows a person to repay all or a portion of his or her debts under the supervision and protection of the bankruptcy court. The Bankruptcy Code is the federal law that deals with bankruptcy. A person who files a chapter 13 case is called a debtor. In a chapter 13 case, the debtor must submit to the court a plan for the repayment of all or a portion of his or her debts. The plan must be approved by the court to become effective. If the court approves the debtor’s plan, most creditors will be prohibited from collecting their claims from the debtor. The debtor must make regular payments to a person called the chapter 13 trustee, who collects the money paid by the debtor and disburses it to creditors in the manner called for in the plan. Upon completion of the payments called for in the plan, the debtor is released from liability for the remainder of his or her dischargeable debts.
Q: How do I know whether I can, or should, file a chapter 7 bankruptcy case or a chapter 13 bankruptcy case?
A: Our Tacoma bankruptcy attorneys will help you understand your situation, whether you qualify for either chapter 7 or chapter 13 bankruptcy and which alternative is more suitable to you.
Have Other Questions About Bankruptcy?
Complimentary Consultation With a Tacoma Bankruptcy Attorney
Please feel free to review our pages, learn more about your Chapter 7 bankruptcy and Chapter 13 bankruptcy options and the bankruptcy court. If you’d like more information or to arrange a consultation with one of our Tacoma bankruptcy attorneys, please fill out our bankruptcy consultation request form to the right side of this page and we’ll get in touch with you.
Online Bankruptcy Seminars
We’re also pleased to offer bankruptcy seminars conducted by our experienced Tacoma bankruptcy attorneys. You can listen in from the comfort and privacy of your own home and learn about the bankruptcy process, bankruptcy chapters and other aspects of working with a Tacoma bankruptcy attorney. The seminars are free and are scheduled at various times throughout each month in order to provide alternatives that fit your schedule. Please review our seminar schedule and select a “Bankruptcy Seminar” date and time that you would like to attend. If you also own a home and have trouble with your mortgage you may want to also sign up for our “Distressed Property Seminar.”
Other Frequently Asked Questions About Bankruptcy
There are many other questions that we commonly hear about bankruptcy. Below is a list of questions that we are regularly asked. We have prepared FAQs that answer all of these questions. If you would like a copy of the FAQs please click here and fill out the form – we’ll be happy to send you a copy!
Questions regarding chapter 7 bankruptcy:
- What is a chapter 7 discharge?
- How does a person obtain a chapter 7 discharge?
- Who is permitted to file and maintain a chapter 7 case?
- What is means testing?
- How is means testing carried out?
- How is it decided whether a person is ineligible for chapter 7 under means testing?
- What is a presumption of abuse and how does it affect the case?
- Who is eligible for a chapter 7 discharge?
- What types of debt are not dischargeable in a chapter 7 case?
- Who should not file a chapter 7 case?
- Is there anything that a person must do before a chapter 7 case can be filed?
- How much is the filing fee in a chapter 7 case and when must it be paid?
- Where should a chapter 7 case be filed?
- May a husband and wife file jointly under chapter 7?
- Under what circumstances should a joint chapter 7 case be filed?
- When is the best time to file a chapter 7 case?
- How does the filing of a chapter 7 case by a person affect collection and other legal proceedings that have been filed against the person in other courts?
- How does filing a chapter 7 case affect a person’s credit rating?
- Are the names of persons who file chapter 7 cases published?
- Are employers notified of chapter 7 cases?
- Does a person lose any legal or civil rights by filing a chapter 7 case?
- May employers or governmental agencies discriminate against persons who file chapter 7 cases?
- Will a person lose all of his or her property if he or she files a chapter 7 case?
- What is exempt property?
- When must a person appear in court in a chapter 7 case and what happens there?
- What happens after the meeting of creditors?
- What is a trustee in a chapter 7 case, and what does he or she do?
- What are the responsibilities to the trustee of the person filing the case?
- What happens to property that is turned over to the trustee?
- What if a person has no non-exempt property for the trustee to collect?
- How are secured creditors dealt with in a chapter 7 case?
- How are unsecured creditors dealt with in a chapter 7 case?
- What encumbered property may a person retain in a chapter 7 case?
- How may a person minimize the amount of property that must be turned over to the trustee in a chapter 7 case?
- May a utility company refuse to provide service to a person if the company’s utility bill is discharged in a chapter 7 case?
- What should a person do if he or she moves before the chapter 7 case is completed?
- How is a person notified when his or her discharge has been granted?
- What if a person wishes to repay a dischargeable debt?
- How long does a chapter 7 case last?
- What should a person do if a creditor later attempts to collect a debt that was discharged in his or her chapter 7 case?
- How does a chapter 7 discharge affect the liability of cosigners and other parties who may be liable to a creditor on a discharged debt?
- What is the fole of the attorney for the person filing a chapter 7 case?
Questions regarding chapter 13 bankruptcy:
- How does a chapter 13 case differ from a chapter 7 case?
- When is a chapter 13 case preferable to a chapter 7 case?
- How does a chapter 13 case differ from a private debt consolidation service?
- What is a chapter 13 discharge?
- What types of debts are not dischargeable in chapter 13 cases?
- What is a chapter 13 plan?
- What is a chapter 13 trustee?
- What debts may be paid under a chapter 13 plan?
- Must all debts be paid in full under a chapter 13 plan?
- Must all unsecured debts be treated alike under a chapter 13 plan?
- Is there a difference between a debt and a claim?
- How much of a debtor’s income must be paid to the chapter 13 trustee under a chapter 13
plan? - When must the debtor begin making payments to the chapter 13 trustee and how are the
payments made? - How long does a chapter 13 plan last?
- Is it necessary for all creditors to approve a chapter 13 plan?
- What is the difference between a secured creditor and an unsecured creditor?
- How are the claims of secured creditors dealt with in chapter 13 cases?
- How are cosigned or guaranteed debts handled in chapter 13 cases?
- Who is eligible to file a chapter 13 case?
- May a husband and wife file a joint chapter 13 case?
- When should a husband and wife file a joint chapter 13 case?
- May a self-employed person file a chapter 13 case?
- May a chapter 7 case be converted to a chapter 13 case?
- Where is a chapter 13 case filed?
- What fees are charged in a chapter 13 case?
- Will a person lose any property if he or she files a chapter 13 case?
- How does the filing of a chapter 13 case affect collection proceedings and foreclosures
that are filed against the debtor? - May a person whose debts are being administered by a financial counselor file a chapter
13 case? - How does filing a chapter 13 case affect a person’s credit rating?
- Are the names of persons who file chapter 13 cases published?
- Is a person’s employer notified when he or she files a chapter 13 case?
- Does a person lose any legal rights by filing a chapter 13 case?
- May employers or government agencies discriminate against persons who file chapter 13
cases? - What is required for court approval of a chapter 13 plan?
- What is a priority claim?
- When does the debtor have to appear in court in a chapter 13 case?
- What if the court does not approve a debtor’s chapter 13 plan?
- How are the claims of unsecured creditors handled in chapter 13 cases?
- What if the debtor is temporarily unable to make the chapter 13 payments?
- What if the debtor incurs new debts or needs credit during a chapter 13 case?
- What should the debtor do if he or she moves while the case is pending?
- What if the debtor later decides to discontinue the chapter 13 case?
- What happens if a debtor is unable to complete the chapter 13 payments?
- What is the role of the debtor’s attorney in a chapter 13 case?