Frequently Asked Questions
When debt is taking over your day, you deserve straightforward answers. Here are some of the questions we hear most often.
I’m being sued over a debt. Is it too late to get help?
No. You can still speak with us about your options. Do not ignore the court papers or miss the response deadline. Tell us when you were served and bring the documents to your consultation so we can understand what’s happening.
Will calling you stop the collection calls or lawsuit?
A consultation gives you a chance to understand your options, but the call itself does not stop collection activity. Filing a bankruptcy case generally triggers the Automatic Stay, a legal protection under Section 362 of the U.S. Bankruptcy Code. It pauses most collection calls, lawsuits, and wage garnishments. The protection begins when a case is filed, not when you call for a consultation, and exceptions may apply.
My wages are being garnished. Can bankruptcy help?
It may. Filing a bankruptcy case generally pauses many garnishments, but the type of debt and your case history matter. Tell us about the garnishment as soon as you reach out so we can discuss your options.
Will I lose my home or car if I file?
You should not have to guess. What happens depends on your equity, any mortgage or car loan, the exemptions available to you, and the type of bankruptcy you file. We’ll review those details with you before you decide what to do.
I can’t afford to pay my creditors. How could I afford a lawyer?
Your first consultation is free. We’ll listen to what’s going on, discuss whether we may be able to help, and explain the fees for your case before you decide whether to move forward.
How do I know whether Chapter 7 or Chapter 13 is right for me?
You don’t need to know before you call. Chapter 7 may allow eligible people to discharge certain debts. Chapter 13 involves a court-approved repayment plan for eligible people with regular income. We’ll look at your debts, income, and property and explain how each option may apply to you.
Will bankruptcy erase everything I owe?
No. Bankruptcy may address many debts, but some obligations may remain, including certain taxes, child support, and many student loans. We’ll go through your debts with you so you understand what relief may be available.
Will bankruptcy ruin my credit forever?
Bankruptcy can affect your credit and may appear on your credit report for up to 10 years. It is not a permanent mark on your report. We’ll talk through the potential impact alongside the debt problems you’re facing now.
Does my spouse have to file with me?
Not necessarily. A married person may be able to file alone, but shared debts, income, and property need careful review. Tell us about your household during the consultation, and we’ll discuss the options that may apply.
Will everyone find out if I file?
Bankruptcy filings are public court records. That does not mean everyone in your life will receive a personal notice. We can explain who must be notified in your case and answer your privacy concerns before you decide to file.
What if I’m embarrassed about how I got here?
You can tell us what happened without having the answers or the paperwork perfectly organized. Job changes, medical bills, and debts that grew faster than expected bring people to this point. Our first job is to listen and help you understand your choices.
What happens during the free consultation?
Tell us what you owe, what you can afford, and what worries you most. If you’ve received lawsuit papers or garnishment notices, have them nearby. We’ll discuss what we need to review, what options may be available, and what the next steps and fees would be if you choose to move forward.
Still have a question? Call 714-242-8363 or fill out the contact form for a free consultation. Geurts Law Firm assists clients in California and Nevada.