What would you like to do?
I cannot afford to hire an Attorney so how complicated is it and is it advisable for an individual to file for Ch 7 bankruptcy without legal representation when they own nothing and have no income?
Anything involving the law is complicated. I will not advise you. This is not for legal advise. This service suggests. How much do you owe? To whom? Has it been adjudicated? What is going on? If you owe thousands and the bill collectors are hounding you, it might be worth it to get them off your back. If you owe a few hundred dollars and have a job, you might want to avoid having a bankruptcy on your record. What is your situation? Some stationery stores sell legal forms. You might get a form for bankruptcy and see what it entails.
Was this answer useful?
Thanks for the feedback!
Yes. There are multiple forms of bankruptcy, such as Chapter 11, 9, etc. Some forms of bankruptcy simply set up a payment plan with the creditors, others forgive the d…ebt entirely. The judge will determine what debts take precedence over others, and what amount, if any will be will be forgiven. The judge will take into account the amount of your debts, assets, and income in order to determine your ability to pay. It is possible that the judge will exclude the value of your home- or the amount of savings in your retirement plan when calculating your assets. This is dependent on the type of bankruptcy filed, and the discretion of the judge.
Your best bet is to contact you local Bar Association for a lawyerthat works with low-income persons or they may have names oflawyers that are willing to waive the retainer an…d be paid at alater date. If you have been without work, or are a mother withchildren and have no money you can phone "legal aid" (it's in yourphone book and if you can't find it ask the operator and they'llgive you the number.) If you go into most book shops you can find a book on "How to get aDivorce" that will give you guidelines to let you know what to do.You can actually file to the courts for a divorce and bypass thelawyer. If there are children, a lot of property or a businessinvolved it's best to go straight to a lawyer. Also, some lawyers will give you anywhere from 1/2 hour to a fullhour of free legal advice. Ask your friends or family if they knowof anyone.
Answer No, an attorney is not needed to file bankruptcy in any state or federal court. However, the petitioner should be completely educated on… the state or federal procedures as even what appears to be a "simple" BK can become complexed and costly.
Yes, but it may be very difficult for you to determine your own eligibility for a Chapter 7 filing. Attorneys have automated software programs to assist them with this q…uestion. Part of the bankruptcy filing paperwork is a form commonly known as the "Chapter 7 Means Test". It is actually about 4 different "tests" grafted together into one form, in a format where you only take the subsequent tests if you "flunk" the previous one. If you "flunk" all of them, you have to check a box on the first page that informs the Court and the Trustee that your Chapter 7 filing is "presumptively abusive" of the bankruptcy code, and the Trustee then has an affirmative duty to seek the dismissal of your case, or its conversion to a Chapter 13 case. This is not to say you are home free once you "pass" the Means Test. Your case can still be dismissed if it is later determined to be abusive of the code despite passing the Means Test. The first test is fairly simple. You just list your gross income. If you are filing jointly with your spouse, you must list both gross incomes. If your gross income is less than the state average for a household of your size, you pass, and you don't have to fill out the rest of the form. I am only familiar with the average annual income levels for Michigan, and, off the top of my head, its about $43,000 for a household of one, and about $51,000 for a household of two, with similar incremental increases for larger households. If you flunk the gross income test, you move on to the next one, which allows you to deduct from gross income your payroll taxes and average living expenses for your region of the country. This might be a little tough to do, although the data exists out there somewhere, maybe on the IRS web site. If you can claim enough deductions in this second test, you might just qualify. The third test allows you do deduct your mortgage payments and car payments, so if you have larger than average car payments and house payments, you might just pass that one. Finally, they have a fourth test which basically tries to figure out if forcing you into a Chapter 13 bankruptcy would yield enough money for your general unsecured creditors to make the time and trouble of a Chapter 13 case worthwhile. You can certainly find a copy of the Means Test form online and plug in some numbers to get an inkling about whether you qualify. So, there is no simple answer to your question. There is no bright-line cut-off point. In my practice it is not unusual for a suburban family of four with two late-model cars and a big house to qualify with a household income of $100,000.
No. The question is, do you make enough money to be over the median income for your state, then do your expenses leave you with no income to do a Chapter 13 Plan.
How do you file a lawsuit against a former employer for wrongful termination without hiring an attorney?
Well it sucks but there is only one "at cause state" and is Montana. Every other state in this country is an "at will state", meaning that an employer/employee have the will t…o work policy, at any given time they can terminate with/without a reason, although they don't have to have a reason file unemployement and see what reason they give them and from there an investigation will be done, but if you feel you have been discriminated against then you file a complaint with the EEOC, then file a lawsuit against employer. The only way to prove wrongful termination is discrimanation.
You can but three things can happen depending on which type of bankruptcy you file. 1. You can either include the home in the bankruptcy and move out. 2. You can declare the h…ouse and exclude it from the bankruptcy and continue paying the mortgage. 3. You can include it in your bankruptcy and work out a payment plan with the court to continue paying the mortgage. The short answer is 'yes' you can file a bankruptcy and own a home.
Yes it does. Any form of income counts towards calculating your means test. Social Security incomes do not count as income. I just visited my lawyer today. The only question …we had was if my VA Disability would count, because there is nothing in the books that show one way or the other about VA disability. It specifically states that SSDI does not apply or count towards your income with filing Chapter 7/13. Although they are going to check, they are positive that disability income of any sort does not apply towards your income. IF you are:a veteran, ANDyou are disabled (as defined in 38 U.S.C. §3741(1)),The term "disabled veteran" means (A) a veteran who is entitled to compensation under laws administered by the Secretary for a disability rated at 30 percent or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggravated in line of duty. ANDyour indebtedness occurred primarily during a period in which you were: on active duty (as defined in 10 U.S.C. §101(d)(1)), orThe term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.performing a homeland defense activity (as defined in 32 U.S.C. §901(1)), Title 32. National Guard / Chapter 9. Homeland Defense Activities / § 901. Definitions: In this chapter: (1) The term "homeland defense activity" means an activity undertaken for the military protection of the territory or domestic population of the United States, or of infrastructure or other assets of the United States determined by the Secretary of Defense as being critical to national security, from a threat or aggression against the United States. THEN you are exempt from the means test.
Can your VA Disability income be used in calculating total income for a chapter 7 bankruptcy filing?
yes ,under Florida law. ------------------------- That is incorrect, VA Disability benefits are not considered income and are protected under U.S. Code, Title 38, §5301(a)
Sure...just about anything after C7 is not effected by the BK...even an increase in your current wages.
Why pay an attorney to file Ch 7 when you are unable to pay credit card debt and only have social security income and no assets?
%REPLIES% Answer If a person is judgment proof filing bankruptcy would not be needed. The reason this is done in the majority of the cases is (1) To protect the… consumer in case sometime in the future they acquire nonexempt assets, such as an inheiritance. (2)To stop creditor/collector phone calls, mail, etc. (3) To avoid lawsuits, even if there are no assets some creditors will still file a suit, in the hopes of collecting at some future time. Answer It is not necessary to use an attorney to file your Chapter 7. You can use a paralegal, or there are programs you can utilize through your state or city that will allow free or reduced costs in regards to filing. I think there are also payment plans available with the court as well for filing fees.
%REPLIES% Answer You could be commiting fraud, not only in Georgia, but in any of the other states or possesions. Answer It is not illegal. You wil…l, if the car is not covered by the vehicle exemption have to forfeit the car to the BK trustee. If the car was bought out of necessity, such as it was needed for you to get to your job, it will probably not affect your BK filing. On the other hand, if you just "wanted to buy a car", you could have a problem getting the bankrupcy discharged.
How can you find out how much of your income tax the trustee will take after filing chapter 7 bankruptcy?
The answer to this question varies from jurisdiction to jurisdiction, but I would say it is wise to ask your attorney what the common practice is in the district in which you… filed. In Indiana, the trustees normally lets debtors know at the Meeting of Creditors (also called the 341 hearing) whether they want the refund check, and if so, how much. Different states let you keep different amounts of cash in bankruptcy, so the state in which you live may influence how much the trustee takes. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Yes, every state has legal aid for people who are considered to be low income. Every state has different types of cases they will handle for free or at a lower cost.
Depending on some things, like when the tax was paid and when the BK was filed, the refund is like any other asset and available to creditors. The trustee or court would… take it and pay it to creditors according to their standing in the case.
Just filed? Just like always, except one would expect that it would be something the administrator will want, along with confirming the status of the account with the IR…S. The business last filing should be after it dissolves.
Normally, the bankruptcy attorney you hire can file amended forms with the court within a certain time frame of the original bankruptcy filing. There are costs associated with… this that I believe is tied to not only the number of debts, but the amount of those debts. Your bankruptcy attorney can answer that question and usually does so at no charge.