Bankruptcies fall into basically two types of categories - discharge of debts with no payments (chapter 7) and repayment plans for different types of debts (chapters 9, 11, 12, and 13). What type of bankruptcy is best for you depends on a variety of factors that include income, expenses, types of debts, long term goals and restrictions in various chapters. For instance, if you want to save a house, car or both, then a chapter 7 will not help. If you principally have credit card or medical bills and are current on your house and car payments, then chapter 7 may be the best solution. In order to accurately assess the best chapter for your needs, you should consider seeing a board certified attorney.

Bankruptcy should be the “option of last resort.” Prior to filing a bankruptcy, you should consider debt consolidation with a reputable and well known debt counseling company, if you have debts that can be consolidated. However, debt consolidation will not help on delinquent house or car payments. At Baker & Associates we assist people in submitting forbearance agreements on their homes. We also assist people with loan modifications. We will defend clients against credit card claims in state court lawsuits - and may be able to resolve credit card claims in state court lawsuits. We also will assist in credit card negotiations. We assist clients in many areas involving debt issues.


Bankruptcy is conducted in the federal courts. Bankruptcy is effectively a lawsuit that is filed against creditors. In order to file a bankruptcy, you must complete documents for filing with the court, you must complete a credit counseling course, and you must provide financial information for the court. After a case is filed, you will be required to meet with a trustee about 30 days after your case is filed. The process is different for chapter 7, 11, and 13 cases. The bankruptcy process should be completed for a chapter 7 in approximately 4 to 6 months from the date of filing. A chapter 13 case goes from 3 to 5 years. A chapter 11 case may be from 6 months to 1-1/2 years. During each step, we provide support and assistance to our clients.