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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.
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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 consume…r 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..
You CAN FILE FOR CHAPTER 7 BANKRUPTCY WITHOUT AN ATTORNEY , but you must understand the BANKRUPTCY RULES. Chapter 7 bankruptcy involves much more than just the filling o…ut of the paperwork. There are many simple yet specific steps that need to be followed for a successful bankruptcy discharge (wiping out) of debts. If you are considering bankruptcy without a lawyer, consult an online BANKRUPTCY TUTORIAL . There is a free tutorial on the following link: http://www.ezbankruptcyforms.com/how-to-file-chapter-7-bankruptcy-without-a-lawyer.html Once you have a general understanding of all the steps to take in receiving a bankruptcy discharge, you must be able to accurately fill out your bankruptcy paperwork. There are free forms provided by the federal government, but they are very user UN-friendly, making completion very frustrating. If you do a search for "BANKRUPTCY SOFTWARE FOR CONSUMERS" , you can find an online bankruptcy program that will help you greatly in both accuracy and saving time. A good software program can be found for under $45. In choosing a bankruptcy software company, find one that provides some guidance on the steps that need to be followed throughout the bankruptcy in order to be prepared for your online counseling, filing of paperwork, preparation for documents that the Bankruptcy Trustee will be requiring, and your Meeting of Creditors. Don't rely on "padded testimonials", look for a company that will provide a clear layout of the situation on their website. Also, make sure they have a means to communicate with you throughout the process, should you have any questions. If filing for Chapter 7 bankruptcy without an attorney seems overwhelming, you may want to consider actually hiring a lawyer. Filing with a lawyer can be expensive, yet worth it. The "Catch-22" is that if you are filing for bankruptcy, you probably cannot afford a lawyer. Hopefully, this tidbit will help.
We gave the attorney 1750 to file our ch 13 bankruptcy and he filed it although he told us a week later that we were over the secured asset limit so it had to dismiss?
I agree, presuming you provded him with the info before he said he would work on your behalf, he should have advised you that you didn't qualify. However, if you said, we want… you to file BK for us...and he started working fo you and the information you provided then showed it couldn't be done...he isn't totally to blame. Especially as the limit is high enough, it's not what most would expect to be dealing with.. The fact is, that BK allows about 1.3 million of debt...if your playing in that world of just debt...well 1700+ bucks to someone you hire and spends time, even if trying and finding that you don't qualify, deserves pay. And for players like you a fee that small shouldn't be worth your time caring about too much....gee, at 8% simple interest, (and you would expect to pay a higher percent and compounded), would be over $100,000 a year you would have to KNOW you promised people in interest alone already! (And if you haven't figured it out yet...to amortize 1.3M over 30 years of Monthly payments (YES PAY BACK WHAT YOU PROMISED TO, OVER 30 YEARS, not just the few you would in BK), will require at @8% interest (and your probably way higher than that), about $9,500 a month. No, he didn't cause you your problems. They are much greater than $1750. . On April 1, 2007, the debt ceiling for 13 increased to $336,900 for unsecured debts and $1,010,650 for secured debts.. I also find it interesting that the Bankruptcy Code recognizes that consumer debt can easily exceed $1.3 million. If you begin to sense that you have lost or are losing control of your debt, seek legal help sooner rather than later.
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 questio…n.. 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.
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 , AND . you are disabled (as defined in 38 U.S.C. Â§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. AND . your indebtedness occurred primarily during a period in which you were: . on active duty (as defined in 10 U.S.C. Â§101(d)(1)) , or The 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. Â§901(1) ), . Title 32. National Guard / Chapter 9. Homeland Defense Activities / Â§ 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.
If you file bankruptcy Ch 7 in December 2008 in the state of Florida middle district will your income tax refund for 2008 be taken away?
Very likely...the refund is because you had more money than needed withheld from your paycheck and pu in (essentially) a savings account at the IRS to pay your eventual liabil…ity. This money, earned and saved pre-filing, had you not had it put aside (or had you correctly estimated and completed the W-4 so the right amount was withheld), would have been available to pay the creditors. You know, you could literally have had 100% of your pay withheld....think it makes sense youc could get and keep it after filing BK?
I filed chap 13 Aug of 08 and they did include my VA disability as income.
I should start by saying that all bankruptcy courts strongly urge people to use an attorney for this matter. That being said, Petition Preparers are services that will arran…ge and complete forms required for Bankruptcy court at a lower fee than an attorney. An increasing number of people have been using Petition Preparers to help them get ready to file for bankruptcy. However, if you are sure that you do not want to hire an attorney, then hiring the services of a Petition Preparer may be a good idea. A good bankruptcy Petition Preparer will be able to generate the proper documents quickly and easily. This can be a great help in your preparation for court.
Generally, you cannot be discharged of debt under Chapter 7 if you received a Chapter 7 or Chapter 11 discharge within the six years before the filing of this petition or if y…ou received a Chapter 12 or Chapter 13 discharge in a case that paid less than 70% to the unsecured creditors and was filed in the six years before the filing of this petition. These restrictions do not apply to a previous Chapter 13 bankruptcy. If you wish to file for chapter 13 bankruptcy however, the court lets you do that one time automatically after already filing for chapter 7 bankruptcy.
An individual can file bankruptcy without an attorney, and therefore file without attorney fees. But the process is complicated and would require a person who is knowledgeable… of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which the case is filed. The rules are very technical, and a misstep may affect a debtor's right. The long-term consequences for filing bankruptcy are very heavy. There are attorneys who provide certain free legal services and consultations to determine the best avenue in debt management. These may also provide assistance to those qualified, in no down payment or monthly installment plans. It would be best to contact those attorneys directly for a list of services.
Alright you low life clients and especially the sleaze or sleazette who made this inquiry. Here are your answers. Whether in criminial or civil matters, in circumstances wher…e no prosecution has commenced or no civl action has been commenced or filed in Court - there is nothing you can do about keeping the same lawyer if he wants to go. Only after the a criminal or civil action has been formally initated and your lawyer has formally signed on with the Court as your counsel, do you have a chance of keeping him even though he will not be paid. The strength of your chances of keeping him is based upon how far along on the court action is when you run out of money or clam you have run out of money. If a trial date has already been set then a judge is less likely to let your lawyer out of the case - ovedue fees be damned. Also, if you have reached a stage in criminal or civil cases where discovery or exchange of pertinent infomration between attorneys is over - which means you are a good bit down the road - then the judge may make the lawyer stay. Again, sd s rule, the longer the lawyer is in the case after it is filed, the less likely it is he will get out because judges wants to get their cases over and a change in lawyers is contrary to that goal. If you cannot pay in a criminal matter, go to Legal Aid or the Office of the Pulic Defender and tell them you have become impecune (sic) You might get a free or discount lawyer you low life.
Yes, this is called in pro se. However, most of the pro se cases are not successful and are eventually dismissed. Shop around, any competant lawyer can handle and bankruptcy f…or you, and although there will be expense, it will be cheaper in the long run.
I cannot afford an attorney. My partner in business is filing a petition and a restraining order on me. Should I go to the hearing for the filing of the petition without an attorney?
No. Often times you can hire a free student lawyer. These lawyers are supervised by the Law Professors at the University and can represent you in court to the best of their ab…ilities provided you do not want to pay for a lawyer. You must attend the hearing even if you can't arrange for an attorney to represent you. If you don't appear your partner will get a default judgment.
Is it the responsibilty of your attorney in chapter 7 bankruptcy to advise you if there are any judgments against the real property you own that is exempt in the filing?
First off, I have no idea how a real property you own would be exempt from any bankruptcy filing. If it is exempt for some reason, it could only be exempt from use as an asse…t to pay creditors, not from filing. Failing to list it would mean the BK fails to offer any protection and the one ommitting it has committed a serious, even criminal error in their court sworn filing. Something absolutely exempt, like personal furniture, you report it on the filing...the COURT makes the legal decision if it is exempt from use as an asset. It is your total obligation to inform your attorney of all assets and all liabilities you are aware of. No exceptions. It is also the only way for him to assure all things are protected best in the BK. You swear you will/have done this to him as well as the court. Commonly, if liabilites are found (like judgments you mention) or debts on a credit report, which are most likely against you AND filed against the property you own, he would discuss with you what they are and act to include them in the filing in order to have the court dismiss them. Hiding them and your only hurting yourself!
The laws for this vary state to state. It is probably wise, just to be on the safe side, that you keep your attorney involved throughout the entire process, including when you… file your forms.
It takes most folks about a month to file and a total of about fivemonths from intake to discharge. Of course, much depends on howresponsive you are to your bankruptcy attorne…y's requests fordocuments and other information.
If the chapter 7 is still open, you cannot buy a house. If you have received your discharge and the case is closed (usually 6 months from the filing date), you should not have… the cash to buy a house unless you lied on your bankruptcy documents about your assets. That can lead you to prison. If you win a lottery or get a big inheritance within 6 months after the case is closed, you have to report it to the trustee. Your case will be reopened and the money will have to go to the bankruptcy estate to be distributed by the trustee. If you have been able to pay all your new bills as they come due and put some money into a savings account for three or four years, you can start looking for a house and a mortgage lender, but if you do not have enough savings to make a substantial down payment, you will not find a lender willing to lend you money for a mortgage. You may find a better reception if you have your accounts in a local credit union and ask them about qualifying for a mortgage.