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Bankrupt Question

San Clemente, CA |

I am buried in credit card debt over $50k my salary is low, I think my only option is to declare bankruptcy. The issue is I was quoted $2k by an attorney, while I appreciate his costs, I don't have any money to pay his fee which is why I need to file for bankruptcy.

Do I have any other options as I do not have the $2k and I can not afford to continue paying my credit card accounts and feed myself.

Thank you, your advice will be greatly appreciated...

Attorney Answers 2


Individuals may represent themselves in bankruptcy court without an attorney. However, note that the Federal Judiciary states that, "While individuals can file a bankruptcy case without an attorney or 'pro se,' it is extremely difficult to do it successfully." The Federal Judiciary article cited below further states, "It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights."

Keeping this in mind, if you believe that filing a bankruptcy is your best choice, you have two options: (1) Most bankruptcy attorneys offer a free consultation. Call around and see if you can get a better price; or (2) Consider filing the case yourself. Nolo press puts out a decent book on filing a Chapter 7 bankruptcy (ISBN: 9781413310603).

I wish you the best of luck in finding a resolution to this matter.

Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a legal problem without a comprehensive consultation and a review of all facts and documents at issue. This answer does not create an attorney-client relationship. I am a California Bankruptcy lawyer.

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You need to put yourself ahead of your creditors. Your first priority is to feed and shelter yourself and your family. If you don't have the money to pay your creditors and meet your primary obligations then don't pay the creditors. If you are planning to file for bankruptcy,you won't be paying them much longer anyway. If you save some of the money you were using to pay creditors, eventually you may save enough to pay your bankruptcy attorney. Many attorney's will take monthly payments and will file your petition when all fees and costs are paid.

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