Question

Can she file chapter 7 bankruptcy without the money for fees?

My daughter qualifies for Chapter 7 bankruptcy. However, she cannot come up with the $1,500 dollar amount needed for fees all at once. Any suggestions about what we can do?
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Answered By: Greifendorff Law Offices, PC
The filing fee is $299.00. I'm not sure who is charging you $1500.00 and it had better include attorney's fees. If you've hired an attorney, or anyone to assist you in preparing and filing your chapter 7 bankruptcy petition, the fees must be fully paid prior to filing because we cannot be creditors under Chapter 7. Your daughter may want to speak to legal aid for assistance, or file on her own.

Answer Applies to: California
Replied: 9/28/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Barbara Seeley Curtis
She can file herself but very hard. She could retain me for $1200, I take payments file the bk when paid.

Answer Applies to: Florida
Replied: 9/28/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: V U.S.A. Law Offices
The filing fee can be waived or paid in installments to the US bankruptcy Court. The attorney's fees cannot be owed or paid in installments because if your attorney is a creditor (because you still owe him or her money, then why he or she would have priority over other creditors? This is the rationale that requires you to pay your fee all before the case commences. The other approach is to get a bankruptcy assistant to help you complete your petition package for much less than what an attorney would generally charge in such a case.

Answer Applies to: California
Replied: 9/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Mark J. Markus
If you are talking about the attorneys fees, either save up to pay the fees, or file without an attorney. I highly recommend the former. The court filing fee of $299 can sometimes be waived by the court.

Answer Applies to: California
Replied: 9/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Doan Law Firm
We offer payment plans and will begin creditor representation upon retainer, however all fees must be paid before the case is filed with the court. Attorneys are generally not allowed to collect their fee once the case is filed as it would be violating the bankruptcy automatic stay.

Good luck!

Answer Applies to: California
Replied: 9/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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