local attorney who will file chapter 7 on your side

What Cannot be included in a Chapter 7?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

What debts are forgiven under Chapter 7?

What Debts Are Discharged in Chapter 7 Bankruptcy?Child support.Alimony.Student loans.Some tax debt.Homeowners association fees.Court fees and penalties.Personal injury debts you owe due to an accident while you were intoxicated.Unsecured debts that you intentionally left off your filing.

What claims are not dischargeable in Chapter 7?

Alimony and Child Support are Non-Dischargeable Debts in Bankruptcy. Domestic support obligations, like alimony and child support are always considered non-dischargeable debts in bankruptcy. You can't get rid of past due domestic support payments by filing a bankruptcy case.

How much do you have to be in debt to file Chapter 7?

How much debt do I need to file for bankruptcy? There is no minimum or maximum amount of debt for Chapter 7 bankruptcy.

How often is Chapter 7 denied?

Frequency of Denial While some Chapter 7 bankruptcy cases are kicked out of court before discharge, statistics indicate that this isn't the norm. According to the U.S. Courts website, when Chapter 7 cases are correctly filed, they result in a successful discharge of debts more than 99 percent of the time.

Does Chapter 7 wipe out all debt?

Unsecured debts wiped out by Chapter 7 bankruptcy include credit card debt, medical bills, and gasoline card debt. However, you can't wipe out all unsecured debt.

Can I spend money after filing Chapter 7?

If you file a Chapter 7 bankruptcy petition and it is a “no asset” case, your spending after filing should reflect what you stated on your schedules. If either your income or your expenses change considerably while still in Chapter 7, again, you should consult with your attorney.

Can creditors collect after Chapter 7 is filed?

Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

How do you pass Chapter 7 means test?

Certain family and household expenses might help you pass the means test for Chapter 7 bankruptcy. If your income is higher than your state's median income for a similar size household, you must complete the entire bankruptcy means test form to determine whether you qualify for Chapter 7 bankruptcy.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

Is it better to file a Chapter 7 or 13?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

How much does a bankruptcy attorney cost?

Hourly rates for bankruptcy attorneys range from $200-$300 . In total, customers spend an average of $999-$1,183 for their services. But because l...

How do you find a bankruptcy attorney?

You’ll need to conduct a little bit of research to find the best bankruptcy lawyer for your situation. Start by pulling up a list of attorneys nea...

How do lawyers get paid if they lose a case?

Lawyers typically charge for their time (typically a hourly rate) regardless of whether they win a case. Sometimes, the losing party is ordered to...

How do you file bankruptcy without an attorney?

It’s possible to file bankruptcy without a lawyer’s help (which is called “filing pro se”) — but consider the pros and cons before you do. The Admi...

What does a bankruptcy attorney do?

A bankruptcy attorney helps individuals and corporations navigate the legal and court process of going through bankruptcy. They’ll explain the proc...

How Do I File Chapter 7?

Prior to filing a bankruptcy, you must meet with an approved credit counseling agency no more than 180 days before filing a bankruptcy petition. Our firm has a list of counseling agencies and most credit counseling can be done via the Internet from your home.

Why Spagnola Law Chapter 7 Bankruptcy?

The Spagnola Law Firm is a federally designated debt-relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. That means we’re familliar with how debt and bankruptcy law works and is practiced. Which we can use on your case.

What is automatic stay in bankruptcy?

Filing any bankruptcy puts into effect something called the “automatic stay.” The automatic stay immediately stops your creditors from trying to collect what you owe them. Which means no more pesky phone calls every hour.

Is Sam Spagnola a good lawyer?

Being forced to sell your assets is not always the case, however. A good lawyer will work directly with you to find exemptions. Or in layman’s terms, a certain value of property that you are allowed to keep. And Sam Spagnola is a good lawyer.

Can you keep your property in Chapter 7?

Contrary to what many think, most people are able to keep their property in a Chapter 7 case. It all comes down to finding existing exemptions you’re entitled to. We work with you and with your finances to find those exemptions.

Is filing for bankruptcy a stressful time?

Filing for Ch 7 bankruptcy is a stressful time. It’s difficult to even know when to begin filing.

how do i file chapter 7?

You can file Chapter 7 on your own by taking the proper forms to the nearest Bankruptcy court. You may need assistance with an attorney to file Chapter 7.

How to file chapter 7 bankruptcy

The process of filing Chapter 7 Bankruptcy is the process of filling out forms and having supporting documents. The forms to file Chapter 7 Bankruptcy are available at the US Courts Website.

Need Help Filing Chapter 7 Bankruptcy?

Filing Chapter 7 bankruptcy without the assistance of an affordable bankruptcy lawyer can be grueling. Filing requires putting together pages and pages of forms, and avoiding potential pitfalls that could cause you to lose your property. If you believe you need to file Chapter 7 Bankruptcy but need help filing, let Cisowski Law know.

How do you file bankruptcy without an attorney?

It’s possible to file bankruptcy without a lawyer’s help (which is called “filing pro se”) — but consider the pros and cons before you do. The Administrative Office of the U.S. Courts strongly recommends you get advice from an attorney because of the “long-term financial and legal outcomes.”

What does a bankruptcy attorney do?

A bankruptcy attorney helps individuals and corporations navigate the legal and court process of going through bankruptcy. They’ll explain the process to you, help you fill out forms, advise you on which chapter you should file under and more.

How much does a bankruptcy attorney cost?

Hourly rates for bankruptcy attorneys range from $200-$300. In total, customers spend an average of $999-$1,183 for their services. But because lawyers have different fee structures, you should always ask for an estimate from several bankruptcy attorneys in your area before hiring one.

How does Chapter 7 move?

Most Chapter 7 cases move along predictably: you file for bankruptcy, attend the 341 meeting of creditors, and then get your discharge. But, that's not always the case. Other, more complicated issues can arise that most pro se filers aren't prepared to handle. For instance, many self-represented filers:

What to do if you decide to file for bankruptcy on your own?

If you decide to file for bankruptcy on your own, find out what services are available in your district for pro se filers. Some bankruptcy courts hold pro se clinics where an attorney describes the bankruptcy options and process. Others can connect you with legal aid organizations that do the same.

What do you need to take before filing for bankruptcy?

Failing to take required education courses. In Chapter 7 and Chapter 13 bankruptcy filers must receive credit counseling from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge. Many pro se debtors, confused about these requirements, fail to file the proper certificate, which can result in a dismissal of the case.

What is the best bankruptcy for a home?

For most consumers, the logical choices are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Each type has specific benefits that solve particular problems. Also, property is treated very differently in each chapter. For example, if you want to save your home from foreclosure, Chapter 13 might be your best bet.

What happens if you don't understand bankruptcy?

Or something else might crop up. When you find yourself on the receiving end of a complaint or motion, an attorney is essential to your success.

Why do people represent themselves in bankruptcy?

Some people represent themselves because they can't afford the attorney fees. Others have simple cases and don't feel the need to hire an attorney. But while doing so is possible, it's not wise in every case. In this article, you'll learn about some of the most common problems the court sees in bankruptcy cases filed without an attorney.

Do you have to file for bankruptcy if you are self represented?

Many self-represented bankruptcy debtors don't file all of the required bankruptcy documents , which, if not remedied, will result in a dismissal of the case.

What do creditors look for in bankruptcy?

Your creditors and the bankruptcy trustee (the court-appointed official responsible for overseeing your case) will look for tell-tale signs that something’s amiss in your paperwork.

Why do you file for bankruptcy?

Stops litigation. If a creditor sues you, filing for bankruptcy can stop a case in its tracks. It’s best to file before a creditor gets a judgment against you so that you avoid giving the creditor greater rights to your property. (Find out more in Will Filing for Bankruptcy Stop a Civil Lawsuit or Get Rid of a Court Judgment?)

What happens if you get a garnishment notice after taking out a cash advance?

For instance, if you receive a wage garnishment notice shortly after taking out a cash advance, you’ll have to decide whether preventing the garnishment by filing for bankruptcy is worth the risk of an allegation of presumptive fraud.

How long does it take to file an emergency bankruptcy?

An emergency filing allows you to complete and file a few forms instead of the entire packet. You’ll have 14 days to file the remaining forms. If you don’t complete your filing within that time, the bankruptcy court will dismiss your case.

How long after filing bankruptcy can you get another discharge?

If you filed for Chapter 7 bankruptcy. You’ll be eligible for another discharge eight years after the first Chapter 7 filing.

Do creditor calls increase if you fall behind on bills?

You know that creditor calls will increase if you fall behind on your bills—and as time passes, those same creditors will use increasingly uncomfortable collection techniques to ensure that they get paid.

Is Chapter 7 bankruptcy a serious step?

Ultimately, filing a Chapter 7 bankruptcy is a serious step. Once filed, it’s un likely that the court will let you dismiss the matter. When it comes to timing issues, you won’t go wrong seeking the advice of a seasoned bankruptcy attorney.

What is the repayment plan for Chapter 7?

The courts will engage you in developing an equitable repayment plan – you must work with them and adhere to the plan that is agreed upon. Your repayment plan will be based on your income, total debt and the amount creditors would have otherwise received under Chapter 7.

Who is eligible for Chapter 13?

Any self-employed or unincorporated business is eligible for Chapter 13.

What documents are required to file for Chapter 13 bankruptcy?

Debtors are required to observe the following guidelines when filing for Chapter 13 Bankruptcy and must file the following with the court: Schedules of assets and liabilities. Schedule of current income and expenses. Schedule of executor contracts and unexpired leases. A statement of financial affairs.

How long does it take to file for bankruptcy?

Choosing this option means that any property you own can be seized and sold to settle your debts. This option is available to individuals as a consumer Chapter 7 bankruptcy as well as to businesses as business Chapter 7 bankruptcy. This process can take anywhere from 3-6 months. Filing for Chapter 7 bankruptcy online just got easier – our online bankruptcy filing software will save you many hours of time-consuming work.

Why do you file for bankruptcy?

The bottom line is: You are filing bankruptcy because you do not have the money to pay your debts.

How long do you have to get credit counseling before filing?

An individual must receive credit counseling within 180 days prior to filing. Partnerships and Corporations are not eligible. There are several other considerations that may be taken into account – for more information on these guidelines, the code in its entirety may be viewed here.

Can you forgive debts in Chapter 7?

Additionally, certain debts cannot be forgiven in Chapter 7 bankruptcy filing, such as taxes, child support, educational loans and alimony. A bankruptcy discharge does not relieve property liens. The debtor may be an individual, a partnership, or a corporation or other business entity.

William Earl Winfield

Yes, you may. The law doesn't require that one who acted pro se must remain so. If for one reason or another you decide to hire an attorney after your petition has already been filed, you may certainly do so.

Errol Wilfred Javier Zshornack

Yes. You'll just need to shop around as many attorneys will not want to take on a case that's already been filed. However, it will be worth it - as long as you hire an experienced attorney and ideally someone who has taken on a case from a pro se filer. I've done it and there was no problem.

Jeremy F. Peck

You can hire an attorney at any point in the process. Many people find that many of the documents filed with the court pro se were done incorrectly or are substantially incomplete. Many attorneys will not take a case at this point. Once you file under chapter 7, you normally are not able to dismiss the case.

Ronald Wayne Holland

Yes. Once you hire an attorney, they will be required to file a "Substitution of Attorney" with the court. This is a form that allows the lawyer to become the attorney of record on your case.

Robert Lewis Firth

Yes, but be aware that you must answer all of the attorneys questions truthfully. As my colleagues above point out, many attorneys are reluctant to get involved because if you now feel you need an attorney, there may be a problem, or you may have left out critical information.

David Mark Offen

You can try, but many attorneys will not want to appear responsible for the work you prepared and may 1) turn you down, at any cost, 2) require that the entire petition be redone. Hope this perspective helps!

Dorothy G Bunce

Sure you can, but many attorneys will be reluctant to get involved at this point.

What happens when you file Chapter 7?

When you file a Chapter 7 bankruptcy, all of your unsecured debts are discharged. This includes any fees you owe your bankruptcy attorney . Any creditor that pursues you after the debt has been discharged is violating the bankruptcy discharge order. This includes your bankruptcy attorney.

Do You Want to Hire an Attorney Who Cuts Corners?

When you choose a bankruptcy attorney, you need to ask yourself this question, “Do you really want to hire a bankruptcy attorney that is willing to cut corners?”