Bankruptcy FAQs

1). If I Was Arrested For A Crime And Then The State No-Info'ed My Case Can They Then Legally Decide To Refile The Case?

Q. The state dropped my case due to no information and then they decided over 2 months later to refile the case and then issue a warrant for me for failure to appear on a case i was told was dropped.

A. The State Attorney does have the right to refile a case after a no information. In order for a warrant to be issued for failure to appear you would have to be notified of the Court date that you failed to appear at. It is important that you contact an attorney to discuss the matter. If it is in fact a mix up that caused you to FTA, your attorney can file a motion to set a bond or have you released. This may even be done by stipulation with the State attorney prior to you turning yourself in on the Warrant.


2). How Do I Go About Filing For Bankruptcy If My Income Is Much Lower Than My Current Debt Which Does Not Include Credit Cards?

Q. Can I include HOA overdue and personal student loans in a bankruptcy filing?

A. That is exactly the reason that most people must file is that they are unable to pay their debts from their normal income.

In this case I am not sure what you are referring to by "current debt". If you are referring to normal recurring expenses such as rent and electric, the bankruptcy has no effect on those. In regards to HOA dues the issue becomes whether you want to keep your residence or not. Also much depends upon which chapter of bankruptcy you are filing. In regards to student loans these are generally not dischargeable except under certain circumstances. Bankruptcy is a complicated process that I cannot even begin to advise you on this here. It would be best to set up a consultation with a bankruptcy attorney in your area.


3). My Husband Voluntarily Went To A Mental Hospital For Help With A Mood Disorder, Is It Likely That DCF Will Be Involved?

Q. My husband checked himself into a mental health institution last week and will be released Monday. He does not have a substance abuse problem but did smoke marijuana a few weeks ago at a friend's house so he tested positive for marijuana while in the hospital. He does not smoke regularly and will not smoke anymore once he is released. There is no threat to our kids and never has been. I do not do any drugs at all, and have no mental health issues, and I am the primary caretaker. He is receiving medication and therapy and plans to do outpatient treatment for the mood disorder as well. What is the likelihood of DCF being involved in our family as a result of his hospitalization? I am very scared of DCF and maybe just paranoid but I want to know if I need to be prepared to deal with them.

A. There is most likely not a danger of DCF involvement unless there is something that has occurred in relation to the children. DCF Will typically only be involved if there is abandonment, abuse, or neglect, or risk of abandonment, abuse, or neglect. Nothing in your fact pattern indicates such a risk.


4). Am I Eligible For Bankruptcy? I Just Lost My Job

Q. And found a new one a month later which is a entry level position and making 10k less. Sad situation, also denied unemployment because I made a dumb mistake at work and was fired, i worked at a bank. I have a very high mortgage because we built the house at the height of the housing crash, it is in me and my husband's name, we have made all payments, i now make 30k, have 30k in credit card debt, I have one car a corolla that I make payments on, my husband has a separate income property just in his name. Can I file bankruptcy and rid myself of the credit card debt? How much does it cost generally? Thank you so much!

A. You really should meet with a bankruptcy attorney who does both chapter 7 and chapter 13 bankruptcies and give him/her all of the facts so you can proceed appropriately. It sounds like you are eligible to file as long as you haven't obtained a prior bankruptcy discharge in the last 8 years. What you do depends on a lot of factors, including what you would like to do with the house. The bottom line is that there are so many factors involved here that it is best advised that you at least consult with an expert.


5). Someone I Know Committed Welfare Fraud And Bankruptcy Fraud.

Q. I know someone who committed welfare fraud (unreported incomes, lied about expenses etc.) and bankruptcy fraud (unreported assists, expenses and income) around the same time.

If reported, will the punishment be more severe, because of the two offenses? What are the chances of that person going to jail?

A. Both of these crimes are felonies and as such could result in jail time. However, they are typically handled in 2 different systems. Welfare fraud will typically be handled in the State Court system, and Bankruptcy fraud will be handled in the Federal Court system. It is difficult to predict what would happen as there are many factors that determine the penalty such as: extent of fraud, number of incidents, prior record if any, damages resulting from fraud and ability to pay restitution, effectiveness of counsel, attitude of prosecution, etc...