Find A Fresh Start With Bankruptcy

Understanding Bankruptcy, Find Hope Today!

Bankruptcy is a legal process that provides a fresh start for individuals or businesses overwhelmed by debt. Our office is dedicated to guiding individuals and couples through filing personal bankruptcy with the Bankruptcy Court, offering a path to financial freedom.

Step-by-Step Process

Step 1:  Schedule Your Free Consultation

At Duncan Law Firm, we believe in starting with a conversation. During your free consultation, we’ll guide you through the necessary documents and help you complete a brief form to determine the best course of action for your unique situation. Mr. Duncan will personally discuss your case and outline a tailored plan for you, all at no cost.

Step 2:  Begin Working With Duncan Law Firm

Once you retain Duncan Law Firm, you’ll have a knowledgeable and caring team by your side. With thousands of successful cases under our belt, we strive to make the bankruptcy process as straightforward and stress-free as possible.

Step 3: Patiently Wait

After submitting all paperwork and having your case reviewed by a Trustee in a simple hearing, there’s a mandatory 60-day waiting period. This period allows creditors the opportunity to object, though objections are rare.

Step 4: Achieve Debt Relief

When the waiting period ends, and if there are no objections or any objections have been resolved, you’ll receive a notice from the Court and a letter from Duncan Law Firm with your Discharge. This marks the successful completion of the process and the beginning of your new financial life.

Do’s and Don’ts of Bankruptcy

Protect Your Retirement Savings

Handling Property Before Filing

Smart Use of Tax Refunds

Act Quickly to Avoid Legal Issues

Responsible Credit Use

Full Disclosure to Your Attorney


Chapter 7 bankruptcy: A “liquidation” or clearing out of debt.

Chapter 13 bankruptcy: A “reorganization” plan where debts are consolidated, and a monthly payment is made to a Trustee for 3 to 5 years, who distributes this payment to creditors according to the payment plan.

Unsecured debt: Debt without collateral, such as medical bills, credit cards, signature loans, payday loans, delinquent rent, or deficiency balances on repossessed vehicles.

Secured debt: Debt backed by collateral, such as an auto loan or title loan, mortgage loan, or purchase money security loan.

Priority debts: Typically non-dischargeable debts often backed by the federal government, including past-due child support or alimony, unpaid taxes, student loans, personal injury claims from at-fault accidents involving intoxication, and debt resulting from fraud or incurred within 90 days of filing bankruptcy.

At Duncan Law Firm, we’re here to help you navigate the path to financial recovery with hope and confidence.


No, there are protections in place to keep those that file bankruptcy from becoming destitute.  Those protections vary from state to state due to income level, household size and value of assets. 

Yes, with the exception of priority debts which are detailed below.

Yes, though the bankruptcy will lift your legal obligation to repay a secured debt, the lender still has the right to take the collateral if the payments are not made.  In short, if you want to keep your house or vehicle, you need to continue to make all payments.  

Yes, but this does not mean you will lose assets that have a debt tied to them.  Many lenders prefer you keep your house, car or other collateral and continue making payments.  

No, not necessarily.  Though it is common for a couple to file together, it is not required and in some cases only one person needs to file.  

No, not usually.  Bankruptcy is a public legal proceeding.  That said, unless you are a prominent person or celebrity, chances are unlikely that anyone other than your creditors or people you choose to tell will be aware of it.

Yes, a debtor can file several times in the course of their lives.  There are limitations of course.

At least 8 years must pass between Chapter 7 filings.  If a debtor filed a Chapter 7, at least 4 years must pass before they can file a Chapter 13 and receive discharge.  Chapter 13 repeat filers must wait at least 2 years from the first discharge to file the next Chapter 13 and receive a discharge.

No, sometimes it improves very rapidly.  Each case is different, but eliminating debt typically improves your debt-to-income ratio.  Many people are able to purchase vehicles with a loan within months of discharge and even a home within 2-3 years.

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