1. Who can file a bankruptcy?
Any person, partnership, corporation, or business trust may file for protection under the bankruptcy code.
2. Where do I file my bankruptcy case?
The bankruptcy court is part of the Federal Judiciary. The Federal Court system divides the United States into judicial districts. In Indiana, there are two Federal Judicial Districts, the Northern District of Indiana and the Southern District of Indiana, with each district subsequently divided further into divisions. For example, The United States Bankruptcy Court – Southern District of Indiana has four divisions: Indianapolis, Terre Haute, New Albany, and Evansville; which division you fall in, and where proceedings specific to your case would be conducted would then depend on your county of residence. So, if you reside in Indianapolis or one of the contiguous counties to Marion County, you would file in the United States Bankruptcy Court - Southern District of Indiana, with all proceedings in your case taking place in Indianapolis, IN (Indianapolis Division). If you were a resident say of Delaware County, Indiana, your case would still be filed in the United States Bankruptcy Court – Southern District of Indiana, but all proceedings would then take place in Muncie, IN as Delaware County is part of that division.
3. Can I leave some debts out of my bankruptcy petition?
No. The law provides that you must list all known creditors.
4. Will Creditors stop harassing me?
Yes. By law, with a few exceptions, all actions to collect debts owed must stop at the time of the filing of your case. The thing that protects you from further collections efforts, whether it be phone calls, collections letters, lawsuits, etc. is called the “automatic stay”.
5. If I have filed Chapter 7 before, am I eligible to file for Chapter 7 again?
Yes, you are able to file chapter 7 again provided that it has been more than 8 years since the filing of the previous case.
6. Can I be fired for filing bankruptcy?
No. Pursuant to section 525 of the bankruptcy code, there is prohibition of an employer discriminating against you for having filed bankruptcy.
7. Does my spouse and I have to file jointly?
No. The decision to file individually or jointly depends entirely on your situation and individual facts.
8. Who will know that I filed bankruptcy?
Though bankruptcy filings are public records, the publication of individuals filing for bankruptcy protection in local newspapers for the most part is thing of the past.