Hello. You have a couple of different questions bundled in here, so I'll try and address them one at a time: First, yes, generally, certain creditors that you owe money to can take you to court in an attempt to collect the debt. If they win a judgment in court, they can apply a judgment lien to your home or garnish bank accounts, etc. Second, I'm not sure whether you're asking if the State can force you to give up your own unemployment benefits as a result of a creditor's action or if...
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This information is provided for educational purposes only, and does not form an attorney-client relationship between us. There are a lot of variables which determine how much a monthly payment under Chapter 13 will be, and the only way to determine what that amount is is to consult a local bankruptcy attorney and work with him or her in developing a Chapter 13 payment plan that meets all of the requirements under the Bankruptcy Code to the satisfaction of your local bankruptcy Trustee....
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Investigate whether legal aid or free legal clinics are available in your area. In your situation, they may be able to provide legal assistance to you on a pro bono basis. The basic filing-fees for a Chapter 7 bankruptcy are $299 by statute, but it is possible to apply to waive this fee entirely or to pay it in installments. If you have a legal aid or other pro bono agency in your area, they will be able to help you apply for this fee waiver in court, usually for very little or no attorney's...
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In a Chapter 13 bankruptcy, there is, in addition to the Automatic Stay that goes into effect against creditors' claims in ANY bankruptcy chapter, there is a "co-debtor stay." This stay prohibits any attempt by the debtor’s creditors to collect the affected debt from any co-signers. For this stay to operate, the co-debtor need only have provided some security for the loan and need not even be personally liable for the debt. It is limited, though, to consumer debts (i.e., not business debts,...
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I think this question deserves an honest answer. I have known many people in my life who have half-seriously “joked” that they would file for bankruptcy “if only they could afford it.” It is a question that many people have, and it is worth discussing. The quickest answer is that, yes, you can always file a Chapter 7 petition pro se, without the aid of an attorney. That is a cheaper way to do it. However, is it the best way? For some, with limited to no property or assets, it may be. For...
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If I understand you correctly, you are asking whether "debt elimination," which would occur under a Chapter 7 bankruptcy filing, is a better or worse option with regard to your future credit-score than "debt consolidation," which is not a bankruptcy-related procedure. The answer is that it depends. What it depends upon is, first, your current credit standing. A bankruptcy will always be detrimental to your credit-score. However, there comes a point for consumers who have suffered financial...