Question

How will I afford to pay for a bankruptcy?

I need to file bankruptcy, but I don't have any income. I was recently fired from my job and couldn't keep up with the monthly bills. I really don't have a lot of money. What should I do?
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
You can try to do it yourself, but that's not advisable.

Answer Applies to: Indiana
Replied: 9/29/2011

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: Janet A. Lawson Bankruptcy Attorney
There are lots of ways to get it done. You can shop around on price, or you can try to do it your self.

Answer Applies to: California
Replied: 9/29/2011

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 Magnolia Zarraga
Make an appointment to see a couple of different bankruptcy attorneys, the consultations are always free. They will tell you how much they'd charge you and can probably get you on a payment plan. The fees may seem high, but remember you are paying a professional to do your bankruptcy correctly and represent you in your bankruptcy. Some people are judgment proof, that means they don't have a job, they don't own property or have money in banks or have anything of too much value, so even if creditors were to sue you, they wouldn't be able to collect. It's important to have a consultation with an attorney to find out what your options are.

Answer Applies to: California
Replied: 9/27/2011

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: Eric J. Benzer, Attorney at Law
Make appointment with attorney and see about payment plan.

Answer Applies to: Maryland
Replied: 9/27/2011

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: Attorney at Law
Most lawyers will accept payments over a period of weeks or months. However, almost no lawyers will file your bankruptcy papers until everything (legal fees and out-of-pocket costs) is paid in full. This is because, after the bankruptcy papers are filed, if you still owe your lawyer for the bankruptcy, this is a debt that is "discharged" in the bankruptcy and the lawyer is legally prohibited from attempting to collect the balance of the payment from you. In fact, legally, the lawyer is really not even supposed to ask you for payment after the bankruptcy papers are filed. I know this puts you in a tough situation, but in most cases after you have made a down payment on the bankruptcy, you can at least tell your creditors that you have contacted a lawyer about filing for bankruptcy. If you give the creditors the name and phone number of the lawyer you are working with, that is usually sufficient to get the creditors off your back until you get enough money together to pay for the entire process. Good luck. Hope this helps.

Answer Applies to: Virginia
Replied: 9/26/2011

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: Ross Smith, Attorney at Law
The usual method of paying for a Chapter 7 Bankruptcy is to simply stop paying your unsecured creditors and give that money to your attorney. Yes, your creditors will bark, but they usually can't bite fast enough to beat you into Bankruptcy Court. Good luck.

Answer Applies to: Ohio
Replied: 9/26/2011

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 Offices of Daniel Moulton
You may be able to set up a payment plan for a reasonable amount or file yourself or use a bankruptcy preparer.

Answer Applies to: Illinois
Replied: 9/26/2011

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 Salas Firm
The best option depending on your situation is to save up some money and have an attorney complete the filing for you. It is possible to find a competent attorney to file your case for between $700.00 and $1,000.00 and it has been my experience that a poorly completed petition can cost you more than that in the long run.

Answer Applies to: Colorado
Replied: 9/26/2011

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 Offices of James Wingfield
You should talk to your attorney about a payment plan so that you can pay legal fees over a period of time prior to filing the bankruptcy case (assuming it is a Chapter 7 case), or paying a portion of the fee through the Chapter 13 plan.

Answer Applies to: Massachusetts
Replied: 9/26/2011

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 Offices of Robert P. Taylor
Find an attorney who will take payments, most will. While nobody can/will file your case until it's paid in full, you can refer all your creditors to your attorney and that should get them off your back. I routinely have clients that take a year or more to pay for their case. Chances are that if you truly have no income, you don't need to be in a rush to file. Good luck

Answer Applies to: California
Replied: 9/26/2011

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: Bankruptcy Law office of Bill Rubendall
It is problematic to need a bankruptcy but not be able to afford an attorney. One possibility would be to hire a non-attorney bankruptcy preparer which is a typing service. There is a limit on how much a bankruptcy preparer can charge, usually about $150. You would then want to have a banruptcy attorney review the paperwork.

Answer Applies to: California
Replied: 9/26/2011

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: Heupel Law
Since you do not have a job, then just wait to file. The reality is the a creditor cannot garnish your wages. In essence, you are judgment proof until you start working. Thus, the best thing to do is to wait until you can afford to file. Hopefully, you will get a tax refund this year and can use the funds to pay for a bankruptcy attorney.

Answer Applies to: Colorado
Replied: 9/26/2011

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: Weig Law Firm, LLC
I am not so sure you need to file bankruptcy. If your assets are all exempt from creditors claims, why file? It may be that you need to file once you get a job again, because then you will have income at risk. Most bankruptcy attorneys will offer a free consultation, even if only by phone, to help determine if you need to file. Finally, the Volunteer Lawyer's Network helps people who meet their income guidelines hook up with pro bono attorneys for bankruptcy, or for dealing with creditors when bankruptcy isn't necessary because all your assets are exempt.

Answer Applies to: Minnesota
Replied: 9/26/2011

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: Theodore N. Stapleton, PC
You need to come up with the $299 filing fee and work out a payment plan for the attorneys fees.

Answer Applies to: Georgia
Replied: 9/26/2011

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: Dan Wilson Bankruptcy
This is often a big problem. Debtors frequently wait until they have absolutely no choice but to file. If you have been paying minimums on your credit cards stop paying. That will free up some cash. Think about if you want to get rid of a car loan you cannot afford. Think about if you are paying too much for your mortgage and might want to let it go. Many lawyers will let you make payments, but you must pay in full before your lawyer can file.

Answer Applies to: Colorado
Replied: 9/26/2011

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 Darren Aronow, PC
Some law firms will take a payment plan but they will not file your bankruptcy until it is paid in full. You may also file "pro se", which means you file the bankruptcy by yourself with no attorney, which I generally don't recommend. You can try some local legal aid groups and see if they will file your bankruptcy "pro bono" (free).

Answer Applies to: New York
Replied: 9/26/2011

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 Stephen P. Dempsey
An installment plan to pay both filing fee and attorney fee are normally available. However, unless the filing fee can be waive you normally finish payment of filing fee before discharge. The filing fee is $299 but you also need to take a counseling course prior to filing which generally cost between $30-50.

Answer Applies to: New Jersey
Replied: 9/26/2011

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: AyerHoffman, LLP
Some bankruptcy attorneys will allow you to pay the fee in installments as long as the whole fee is paid before the case is filed with the Bankruptcy Court. Otherwise, the attorney becomes and "unsecured creditor" whose fees for the services provided to you will probably be discharged. With a down payment received, the attorney can then begin dealing with your creditors.

Answer Applies to: Massachusetts
Replied: 9/26/2011

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: Harkess and Salter, LLC
If you have no money at all, then you may not need to file bankruptcy. Creditors who obtain a judgment will seek to garnish wages and/or bank accounts. If you don't have either of these things, then there is little they can do to collect. If you have significant debt and something worth protecting, then the cost of an experienced bankruptcy attorney is a bargain.

Answer Applies to: Colorado
Replied: 9/26/2011

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 Offices of Katie M. Stone
One option would be to contact the bankruptcy court in the district you live in and ask them if they have a legal aid program set up that they can refer you to. Legal aid is there to help people in a situation such as yours. I am not sure if there is a bankruptcy division; however, it wouldn't hurt to try. I would not suggest filing a bankruptcy pro se (without an attorney); however, if you have to, make sure you know your rights, obligations and the proper way to file so that you do not run into any problems. Most bankruptcy attorneys will offer a free consultation. You may want to make an appointment and meet with one just to make sure that bankruptcy is your best option.

Answer Applies to: Florida
Replied: 9/26/2011

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 Xochitl Anita Quezada
A lot of bankruptcy lawyers are willing to take payment plans. It is much better to go through an attorney than a document preparation service.

Answer Applies to: California
Replied: 9/26/2011

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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