Should I file Chapter 7 bankruptcy myself or hire a lawyer?
by Author on Tuesday, May 11th, 2010 | 2 Comments
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I’m a bk atty. It is a complicated process. Go on Monday and listen to what they have to say. Ask if they can do it any cheaper than whatever they say. Also ask if they can file something to have the filing fees waived with the court since you are not working. It sounds like you are stressed enough and should probably use an attorney. Getting this taken care of will make you feel a bit better. Good luck!!
A few points:
- As long as you are unemployed…without money or assets, then you are "judgement proof." Non-existent wages cannot be garnished….so as long as you remain unemployed and without any money, then there is really no point in any creditor taking you to court because their judgements would not be enforceable. Under these conditions there is no need to file for bankruptcy. Tell your landlord that you are "judgement proof"
- If any of your debt involves student loans, then you need to understand that student loans cannot be discharged in Chapter 7…..student loans can never be discharged in in BK.
- If you eventually get SSDI….then your SSDI would be exempt from garnishment and you would still be judgement proof
I would contact the local free legal aide society in your community first….I’m sure that they would tell you exactly what I said about being judgement proof.
To review: If you currently have no job and do not anticipate having one in the near future and you have no substantial amount of money or assets, then you are judgement proof and you do not need to even think about filing for Chapter 7 right now. I would advise canceling your appointment with the bankruptcy attorney and I would encourage you to make an appointment with your local free legal aide society. They will be able to confirm the info that I just gave to you. Contact your local Red Cross for a referral. The bankruptcy attorney you have an appointment with would make money from you if you file, so he/she may tell you to file even if you don’t need to under your current circumstances…..
Good Luck!