Frequently Asked Questions

How Can I Get Creditors to Stop Calling Me?

Creditors are not permitted to call individuals who are represented by legal counsel. Once you have retained Geranios Law, PLLC to represent you, creditors are required to communicate with us, not you. Harassing phone calls must cease when you tell your creditors you have retained an attorney. If they do not stop, we will contact them to stop the calls.

What Happens When I get Sued?

You should seek legal advice immediately. A bankruptcy will stop a lawsuit and prevent the creditor from getting a judgment against you. If the creditor gets a judgment, collection efforts must stop when the bankruptcy is filed. Until the bankruptcy is filed, however, the creditor may be able to garnish your wages or levy your bank accounts. A judgment also creates a lien on any real estate you own. It may or may not be possible to eliminate the lien in bankruptcy.

Do I have to include all debts when I file for bankruptcy?

The bankruptcy code, in most cases, does allow you to retain certain secured property (i.e. vehicles, homestead, and other real property). You are required to list all debts, even those you wish to continue to pay. Also, all unsecured debts (i.e. credit cards, personal loans, etc.) must be included in the bankruptcy and are subject to discharge. There may be special exceptions to this requirement, but by and large, you will not be permitted to pick and choose between unsecured debts. In most cases, if you have a secured debt like a car loan or home loan, you can ask the court to allow you to keep the item, and continue to pay for it.

What kind of payment methods do you accept?

Geranios Law accepts major credit cards, checks and cash. Additionally, in most cases, I will accept payments for my fee. This kind of an arrangement will vary based upon the specific situation.

How will I be kept informed about my case?

In Chapter 13 do I have to repay all my debts?

A Chapter 13 bankruptcy requires you to pay a monthly payment to the Chapter 13 Bankruptcy Trustee. A common misunderstanding about Chapter 13 bankruptcy is that you must repay all of your debt. You are not required to pay back all of your debt. The bankruptcy laws control the amount you must repay, but you may still discharge or eliminate all or at least portions of your outstanding debt. Your monthly payment is calculated based upon your monthly income and expenses. However, your future goals regarding secured property (i.e. vehicles, homestead, and other real property) may also have an effect on how your monthly payment is calculated.

Common Worries About Filing bankruptcy:

How Do I contact Your Office?

Call (406) 541-3565 or email me: nik@geranioslaw.com or through the contact form at www.geranioslaw.com.

If I file Bankruptcy, what will happened to my credit score?

This is a universal question that does not have a universal answer. Certainly filing a bankruptcy has an initial affect your credit score. However, the type of bankruptcy, whether Chapter 7, 11 or 13, will affect an individual’s credit differently. If you are in need of a bankruptcy, the initial affect to your credit score should not necessarily guide you in your decision on whether or not to file. Often, those in need of a fresh start who choose not to file for bankruptcy will have a harder time rehabilitating their credit in the future. Those who are unable to pay their debt today, and choose to file bankruptcy, are ultimately afforded the opportunity in the future to obtain credit cards, purchase vehicles, and qualify for mortgage loans. While these things may not happen overnight, you may be surprised as to the actual positive effects your bankruptcy will have on your life. Bankruptcies remain on your credit report for ten years after discharge. During that time, your credit score will be negatively impacted by the bankruptcy. However, that does not mean that you cannot obtain credit. In fact, there are steps you can take immediately after -or even during – a bankruptcy to begin rebuilding credit and obtaining loans.

What is a Guardian?

A guardian is a court-appointed adult who takes care of a person who is unable to take care of him- or herself. The person the guardian takes care of is often called a “ward.” When a court appoints a guardian to take care of an adult, it is usually because the ward has physical or mental disabilities that limit the person’s ability for self-care. Courts also appoint guardians for children whose parents can no longer care for them. Often a court-appointed guardian is a relative, spouse, or friend. But a guardian can also be a lawyer, a professional guardian, a private organization, or state-run agency. The court makes a decision based on what is best for the ward.

What is the difference between a guardian and a conservator?

A court appointed conservator manages only the ward’s finances, while a guardian manages all of the decisions in the ward’s life, i.e., living arrangements, health care, etc.

Does my family member or friend need a guardian or conservator?

Sometimes, an illness, injury, or disability can make it difficult or impossible for someone to make decisions about his or her health care, money, living situation, or other personal matters. Examples may include:
- Someone who is in a coma.
- Someone who is mentally challenged.
- Someone who has Alzheimer’s disease or other forms of dementia.
- Someone who has had a stroke.
- Someone who has suffered a brain injury.
If a court finds that a person cannot make any or all of his or her important life decisions, that person is incapacitated.
To decide whether someone is incapacitated, the court holds a hearing and looks at all the facts. It will find that a person is incapacitated if it believes the facts show the person cannot:
- understand the facts about his or her financial, health care, or living situation well enough to make decisions about any or all of those matters, or
- clearly communicate his or her wishes about any or all of those matters.
If the court decides to appoint a guardian or conservator for an incapacitated person, the incapacitated person is called the ward.