FAQ

What is bankruptcy?
    Bankruptcy is a Federal Law which allows people to eliminate debts.  There are generally two types of bankruptcy cases that individuals file. A Chapter 7 or a Chapter 13 petition are the two most commonly filed by consumers. A chapter 7 is often referred to as a liquidation bankruptcy.  In this type of case you are essentially eliminating credit card, personal loans and other types of consumer debts.  Certain debts may not be eliminated but it is wise to talk to attorney to determine whether your debts will be resolved (discharged.)  A Chapter 13 bankruptcy is often referred to as a reorganization of debts.  In this type of case an individual proposes a plan to pay back debts over a period of 3 to 5 years.   A Chapter 13 is commonly used when a person faces foreclosure on their home.  When deciding on which type of bankruptcy you should file, you should speak with an experienced Bankruptcy Attorney.  Rebecca Tomilowitz and Michael H Colmenares have a combined 55 years of experience in handling bankruptcy cases.  They have filed more than 35,000 bankruptcy cases.

Do I need to file Bankruptcy?
    Filing a bankruptcy case is a very personal matter that should be discussed with a person’s spouse or significant other.  A simple test, as to your financial condition, is whether you are able to make timely payments to your creditors.  If you have late payments on your credit cards, vehicle or house, you should consider discussing the matter with an experienced Bankruptcy Attorney.

Can I keep my Car?
    If you have a loan on a vehicle and are current on the payments, you should be allowed to keep your vehicle.  Whether you should keep the vehicle is a matter you should discuss with an experienced Attorney.

Will I be able to obtain credit after filing Bankruptcy?
    Yes.  The filing of bankruptcy provides you with relief from debt obligations.  However, many creditors will provide you with credit cards almost immediately after you finish your bankruptcy.  Many of the clients of the Law Office of Colmenares & Tomilowitz have purchased cars and/or homes after filing bankruptcy.  It by using the experience of these two attorneys that people are able to take advantage of the fresh start that a bankruptcy provides.
 
My house is in foreclosure, can I save it?
    The answer to this question depends on many factors, which is why I strongly recommend you speak with an experienced Bankruptcy Attorney.  We at the law office of Colmenares & Tomilowitz have saved thousands of homes from foreclosure.  We have the experience to advise you if it is possible to save your home through a bankruptcy filing. 
 
I have filed bankruptcy before, can I file another bankruptcy?
   This requires an experienced bankruptcy attorney looking at your prior bankruptcy case or cases.  Many of our clients have filed a bankruptcy case previously.  What type of bankruptcy case or when you may file a bankruptcy case, depends on may different factors. It cannot be stressed strongly enough to speak with an experienced Bankruptcy Attorney to know your rights.
 
Is Filing a bankruptcy expensive?
    In general the cost of filing a bankruptcy is a lot less you would think.  We at the Office of Colmenares & Tomilowitz examine your case and provide you with unmatchable service for the price.  We also arrange payment plans.  The specifics of payments must be discussed with the attorney directly.
 
Should I file a Chapter 7 or a Chapter 13 case?
     While many search for this answer on the internet, it will not be found there.  Many people have come into my office explaining that they filed a bankruptcy case with a paralegal, or filled out the forms themselves, and now they have an asset (house) that is going to be sold in the bankruptcy case.  Each bankruptcy case is different.  It is not just a matter of filling out forms.  You must know what each document means when you sign it.  Your failure to properly understand the document is not an excuse, as you sign these documents under the penalty of perjury.  An experienced Bankruptcy Attorney can advise you what the documents mean. It is only by understanding what these documents mean that you understand what is the best bankruptcy chapter for you.

     Here at Colmenares & Tomilowitz, an experienced Bankruptcy Attorney will analyze your economic situation at No Charge.  Consulting with an experienced bankruptcy attorney is the best way to determine whether a bankruptcy is for you and what type of bankruptcy you should file.
     We at the Law Office of Colmenares & Tomilowitz have many years of experience and have filed thousands of bankruptcy cases.  We provide you answers not based on guessing what may happen, but rather with actual experience from filing many bankruptcy cases.  Michael H Colmenares and Rebecca Tomilowitz will speak to you directly.  They will provide you with the information that you need to understand which bankruptcy is best for you.  They will also answer all your questions at no charge.