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Does making 16,000$ a year as a self-employed person still qualify me filing for bankruptcy?

Key West, FL |

There are small and large creditors ranging from 200$ to 6,000$ who have been hounding me since last 5 years or so. One of them actually got a default judgment against me in another state without even notifying me. I am surviving this poverty by doing odd jobs here and there without being a burden onto government from benefits point of view. Am I still qualified to file for bankruptcy or the judge will pretty much deny my application? I can't even afford the bankruptcy filing fee. Despite my best efforts, I can't find any pro-bono attorney to help me out. I plan to file myself by getting a "Do It yourself Bankruptcy" book from a local library.

My step-son's disability income is 8,400$ and mine is 16,000$. My wife's disability application has been denied twice but she has food stamps.

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Attorney answers 7

Posted

Sounds like you qualify based on income.... but that is not the only issue.

You haven't mentioned any asset issues. Do you own a home? If so, are you current? Do you own cars? Do they have liens? Are the payments current? Or do you own them free and clear and have exemption issues.

BK is much more difficult than a self help book. And the trustee assigned to your case is not your friend.

Shaye Larkin

Shaye Larkin

Posted

Agreed.

Posted

Your income almost without question qualifies you to file for bankruptcy protection. I would urge you to contact your local bar association or legal aid society to see if you can get assistance from a qualified attorney. There are many pitfalls, but your income does not appear to be one of them.

I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.

Shaye Larkin

Shaye Larkin

Posted

Agreed.

Alan James Brinkmeier

Alan James Brinkmeier

Posted

YEs

Posted

You should not have a problem being eligible to be a debtor in a chapter 7 case.

Posted

I have seen folks making nearly 10 times what you make qualify to file bankruptcy. The devil is always in the details. On the other hand, you may not need to file a bankruptcy if there is nothing any creditor can do to collect from you. If you consider bankruptcy as a lifeline that is only available on a limited basis, you might want to avoid it unless you truly have no other choice. Once you use up your discharge, you cannot escape from debts you make afterwards for many years. Hope this perspective helps!

Posted

My advice I believe is simple. YOur income shows you cant afford debts. You file bankruptcy ONLY for 2 goals: to discharge all your debts and to keep everything you have equity in. You should consult with a bankruptcy attorney who does this for a number of years. MOst will see you for free when you first meet. Even if you are not going to employ them, go to two and see if their answers are the same: you can keep everything and get rid of all debts. The flip side, is do you have any non dischargeable debts..ask them. HOWEVER, that is NOT the end. The attorney will go through a number of legal issues we ask all debts .. You must see if there are any issues or problems or advice in your case and why and how cars and houses are affected if you owe money on them. Finally, other issues could exist. For example, what if you paid back a relative, $3,000 11 months ago and filed bankruptcy today? The trustee will probably sue that relative. now if you waited another 1 1/2 months, it will not have to be disclosed and normally or usually not even known about unless the trustee asks you a question on any payments to relatives in last 2 or 4 years, etc.. That is an example of why NEVER file w/o talking to a good bankruptcy attorney..even if you are not going to hire them..It will put you at more ease and less stress than trying to read some book. you may still have to use some "book" to file forms, but if you cannot afford one..get the advice anyway. PS you should also be asking, are there any advantages or disadvantages of filing now vs waiting (any surgery about to take place not covered by insurance) and who should be paid by you from now till your petition is filed, if anyone, Good luck and I hope my advice assists you.+

Posted

From what you have said it is almost certain that you qualify to file. But you should talk with an attorney to go over any issues with assets and other problems with filing bankruptcy. I hear almost every week from people who filed on their own who want me to fix their case. Sometimes I can. Sometimes I cannot. And when I can fix it, it ends up costing them more than if they had hired me in the first place. Talk with some bankruptcy attorneys in your area and see what suggestion they have for paying them. You are very unwise to file on your own.

This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in your area before acting on anything you read on the internet.

Posted

Yes, you should qualify based on income but assets and future assets matter. Also certain types of debts change things. If nobody will do it pro-bono, you might consider paying someone. Based on what you are saying, ask for a reduced fee, maybe like $500 and ask the attorney to put you on a payment plan with the Court. You can always ask friends and family to help out.

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