Legal Assistance For Low Income Debtors
Legal advice for those in low-income situations comes in many forms. Keep in mind there are many ways to address the cost of bankruptcy. A tax refund could be applied to attorney fees. One could stop paying unsecured debts and use that money for an attorney and ask the debt be addressed in bankruptcy. Property that isnt exempt from bankruptcy could be sold think jewelry, the antique furniture or painting passed down by your uncle, a car that isnt necessary.
In addition, legal help is available to those in need, though the availability varies by location. Some bankruptcy courts have free clinics to help people file on their own. Legal aid groups and pro bono attorneys will work for free. Call the local Legal Aid Society in your area, the state bar or check the web site for the local bankruptcy court to find information.
Who Helps Me File For Bankruptcy From Home
Once youve committed to improving your financial situation by filing for bankruptcy, youll be matched to a legal assistant. This person walks you through the entire process from beginning to end. Youll receive your filing from home instruction via telephone.
Your legal assistant helps you prepare the documents and information needed to file with the court. Once completed, the documents will be sent to you via email to sign electronically and return to your lawyer. All of this is complete virtually, so you never need to leave your home.
The court assigns you an appearance date about 30 days after youve filed your bankruptcy forms. This appearance is also done by phone when you are filing for bankruptcy remotely. You and your attorney will participate in a conference call with the court that covers:
Review of the details of your caseAny questions from the trusteeAny issues raised by creditors
Once the call is complete your case moves onto the next step.
If you are filing for Chapter 7, this means your discharge will come in about two months after your phone court appearance. For those filing Chapter 13, youll begin your repayment plan. The from-home bankruptcy process really is as simple as it sounds.
Best of all, youll be able to begin rebuilding your credit immediately, also from the comfort of your home. Our program helps you restore your credit and get it back to a score of 720 within 12 to 24 months.
Learn more about our 720 credit restoration process here.
How To Find A Bankruptcy Lawyer: Legal Resources And Online Directories
If you are considering bankruptcy, it is important to find an attorney who can help you navigate the process. There are many legal resources and online directories that can be helpful in finding a bankruptcy lawyer in Hamilton Nj. The American Bar Association’s website, www.abanet.org, includes a directory of attorneys who specialize in bankruptcy law. You can also search for lawyers through state bar associations or the Yellow Pages. Before hiring an attorney, be sure to discuss your specific situation with them to ensure they have the necessary experience and knowledge to assist you with your case.
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Filers In Alabama And North Carolina
By law, the U.S. Trustee Program does not operate in Alabama and North Carolina in these states, Bankruptcy Administrators approve pre-bankruptcy credit counseling organizations and pre-discharge debtor education course providers. The following is a list of Bankruptcy Administrator approved providers in Alabama and North Carolina.
Alternatives To Chapter 7
Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under chapter 11, the debtor may seek an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code.
In addition, individual debtors who have regular income may seek an adjustment of debts under chapter 13 of the Bankruptcy Code. A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to “catch up” past due payments through a payment plan. Moreover, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707.
Debtors should also be aware that out-of-court agreements with creditors or debt counseling services may provide an alternative to a bankruptcy filing.
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Finalizing A Skeleton Bankruptcy Filing
If you don’t file the additional documents within 14 days, your skeleton bankruptcy case will be dismissed. Also, be aware that some courts require other forms. You’ll find the requirements in the local rules posted on your court’s website.
Read How to Fill Out Bankruptcy Forms to learn about the bankruptcy forms you’ll need.
How Will Bankruptcy Affect My Credit
Bankruptcy will actually improve most peoples credit score. Once you file for bankruptcy and discharge all your debts, your debt to income ratio will improve significantly. However, bankruptcy is just the first step to rebuilding your credit. We provide all our clients with credit repair tools to help them start improving their credit score immediately. And yes, youll still be able to use .
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Attend A Financial Management Course
The list of approved debt education courses is available at the Department of Justice website. InCharge Debt Solutions is an approved agency with our own online bankruptcy course. The course must be completed within 45 days of meeting with your trustee and creditors.
Lieberman said anyone considering bankruptcy should take the important first step of using an internet search engine to find the bankruptcy court for their area. Each site has a plethora of information for consumers and filers.
Filing Without An Attorney
Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.
Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.
The following is a list of ways your lawyer can help you with your case.
- Advise you on whether to file a bankruptcy petition.
- Advise you under which chapter to file.
- Advise you on whether your debts can be discharged.
- Advise you on whether or not you will be able to keep your home, car, or other property after you file.
- Advise you of the tax consequences of filing.
- Advise you on whether you should continue to pay creditors.
- Explain bankruptcy law and procedures to you.
- Help you complete and file forms.
- Assist you with most aspects of your bankruptcy case.
Bankruptcy Forms are available to the public free of charge.
- Use the forms that are numbered in the 100 series to file bankruptcy for individuals or married couples.
- Use the forms that are numbered in the 200 series if you are preparing a bankruptcy on behalf of a nonindividual, such as a corporation, partnership, or limited liability company .
- Sole proprietors must use the forms that are numbered in the 100 series.
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The Chapter 7 Discharge
A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. Because a chapter 7 discharge is subject to many exceptions, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases. In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case generally, 60 to 90 days after the date first set for the meeting of creditors. Fed. R. Bankr. P. 4004.
The grounds for denying an individual debtor a discharge in a chapter 7 case are narrow and are construed against the moving party. Among other reasons, the court may deny the debtor a discharge if it finds that the debtor: failed to keep or produce adequate books or financial records failed to explain satisfactorily any loss of assets committed a bankruptcy crime such as perjury failed to obey a lawful order of the bankruptcy court fraudulently transferred, concealed, or destroyed property that would have become property of the estate or failed to complete an approved instructional course concerning financial management. 11 U.S.C. § 727 Fed. R. Bankr. P. 4005.
Four: Send Tax Return And Wage Information To The Trustee
After your case is successfully filed, the court clerk will assign a trustee to your case and set a meeting of creditors. At least 7 days before this initial meeting, you must send to the trustee:
- a copy of your most recent federal tax return or transcript
- evidence of all payments from employers, if any, received 60 days before filing
At the same time send a notice to the Bankruptcy Court clerk, verifying that you have provided this information to the Trustee.
If you fail to complete these steps, your case can be dismissed.
Tips:
- To protect your privacy, you may black out all but the last four digits of your Social Security number and private account numbers, as well as names and birthdates of children , that may appear on these documents.
- Any creditor may also request a copy of your tax return before you send it to the Trustee. So you will help yourself by sending this to the Trustee as soon as you can, before you get any creditor requests.
If you complete another tax return while your case is pending, you must file that with the trustee, as well.
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Six: Financial Management Course
You must complete a ”financial management instructional course.” It is anticipated that the fee for this brief session will be about $50. You should complete this course and file Form B-23 with the court clerk within 45 days after the first date set for the meeting of creditors. You cannot get a discharge unless this form is filed, or you get a waiver from this requirement . Granting of these waivers is rare. If you cannot afford the cost of this course, the law requires the course provider to offer it to you at a reduced fee or for free.
Role Of The Case Trustee
When a chapter 7 petition is filed, the U.S. trustee appoints an impartial case trustee to administer the case and liquidate the debtor’s nonexempt assets. 11 U.S.C. §§ 701, 704. If all the debtor’s assets are exempt or subject to valid liens, the trustee will normally file a “no asset” report with the court, and there will be no distribution to unsecured creditors. Most chapter 7 cases involving individual debtors are no asset cases. But if the case appears to be an “asset” case at the outset, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002. A governmental unit, however, has 180 days from the date the case is filed to file a claim. 11 U.S.C. § 502. In the typical no asset chapter 7 case, there is no need for creditors to file proofs of claim because there will be no distribution. If the trustee later recovers assets for distribution to unsecured creditors, the Bankruptcy Court will provide notice to creditors and will allow additional time to file proofs of claim. Although a secured creditor does not need to file a proof of claim in a chapter 7 case to preserve its security interest or lien, there may be other reasons to file a claim. A creditor in a chapter 7 case who has a lien on the debtor’s property should consult an attorney for advice.
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Approval Process For Credit Counseling And Debtor Education Courses
In Alabama and North Carolina, the bankruptcy administrator approves credit counseling and debtor education providers. Lists of approved providers for the six judicial districts in Alabama and North Carolina are maintained by the bankruptcy administrator for that district or bankruptcy court.
An entity seeking to become an authorized credit counseling or debtor education provider in Alabama or North Carolina must go through an application process administered by the bankruptcy administrator for that district.
Filing For Bankruptcy In Halton Hills Ontario
Thinking about declaring bankruptcy in Halton Hills? No matter the level of debt you have, your local MNP LTD Licensed Insolvency Trustee can offer you solutions. We help thousands of Canadians overcome all types of financial difficulties, and we’re here to help you too.
When you turn to your local MNP LTD office in Milton, you’ll discover a staff of dedicated, skilled and experienced professionals from the same community as you. Debt problems shouldn’t control your life. Call us today and get back on track.
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What Is Your Best Course Of Action
Filing for Bankruptcy is an entirely legal process and can be effective in reducing the majority of your debt. It is regulated by the Bankruptcy and Insolvency Act. First things first, get in touch with your local MNP LTD to learn about the options that are available to you. In the majority of cases, people discover that declaring bankruptcy is not required, but instead follow one of the alternative remedies we provide.
Why Consumers Cant File Bankruptcy Cases Online
Look at it this way: Theres a reason so few people in the Middle California District file online even thought people have had that option since 2014.
A bankruptcy filing can be complex and complicated, and a mistake could lead to more problems.
The filing must be coded in such a way that it creates a docket entry and places the paperwork where it needs to be. If the filing is coded incorrectly, it could tangle up the court system and/or cause the consumer to have their case dismissed for any number of mistakes.
There also is the matter of the communication channels and timing necessary if the bankruptcy judge has questions or wants additional information regarding the case. Who performs quality control to make sure that problems are corrected, and the flow of cases is not interrupted because one party or the other didnt show up?
Paying a lawyer is painful, but its more painful to see a bankruptcy court derailed by an incorrect filing or by not knowing the system. And its even more painful still to see your case thrown topsy-turvy with incorrect filings.
As Lieberman said: There are so many issues that can arise.
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A Quick Bankruptcy Filing Can Stop Impending Creditor Action Learn How Fast You Can File An Emergency Bankruptcy Online
Sometimes you need to stop a creditor’s action fast. Filing for bankruptcy can help. When you open a case, the court puts an automatic stay in place that prohibits most creditors from continuing collection actions against you .
But, completing all the bankruptcy forms isn’t a quick process. If time is running short, you can use a fast online bankruptcy filing process known as an emergency bankruptcy filing , get the automatic stay in place, and submit the remaining documents later.
The Meeting Of Creditors
The 341 meeting of creditors normally takes place in person. Due to the COVID-19 pandemic, the U.S. Trustee has permitted trustees to conduct these meetings either by phone or via video conference. Trustees verify the filersâ Social Security number either via video or by asking for documentation in preparation for the meeting.
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*Privacy Policy: This is a secure site. All your information is confidential and not shared with any third parties. Under State and Federal Laws, we are bound to privacy. Your social security number is required to process your petition and proof of the same will be required by the Bankruptcy Court to identify you in your bankruptcy under Southern District Bankruptcy Court General Order 168 and in order to alleviate identity theft under the GRAMM-LEACH-BLILEY ACT. Doan Law Firm does not provide or share any of the information submitted to any credit reporting agencies nor do we access your credit file without your express written permission.
Prepare Your Bankruptcy For Online Filing Now
Welcome to the Doan Law online bankruptcy filing center. This site will prepare your bankruptcy online. An attorney will personally review and finalize your petition as well, if you choose. An office visit is not necessary, but highly recommended. One of Doan Laws attorneys can then file bankruptcy online for immediate protection. Please note that only the attorney can file the final petition online. If you choose not to use the attorney, you will need to manually take the petition to the Bankruptcy Court. Alternatively, skip the online filing and meet with us first for a free consultation.
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