I wana file bankruptcy, but i dont think i make enough to have money to pay the bankruptcy payment. what do i do?

Asked about 5 years ago - Gardendale, AL

i owe ALOT!!!! ive been through a devorce and without a job for 9 mounths..i just recently started working and make decent money, but i dont think i make enough to pay my bills now. can i dowsize my living expences and then file? or if not what is all the creditors gonna do with me if i cant file bankruptcy?...i have nuthing...

Attorney answers (2)

  1. Tobias M Lester

    Contributor Level 6

    Answered . I am not sure what decent money is, but since you just started working now may be the best time for you to file for Chapter 7 bankruptcy. You have to make below a certain amount to be eligible for Chapter 7 bankruptcy. The courts determine that by looking at your last six months of income and since you only recently starting working that should be fairly low. Your assets over a certain threshold will be liquidated in Chapter 7 bankruptcy, but if you have nothing then you have nothing to worry about. Some of your debts may not be dischargeable. Contact your local bar association to get connected with a local attorney that can look at your particular situation.

    http://www.birminghambar.org/attorney_locator.cfm

  2. Jeffrey Daniel Larkin

    Contributor Level 15

    Answered . I never advise clients to downsize their living expenses before bankruptcy especially if chapter 7 is the way you want to go. If you cannot pay your bills as they come due you need to consider bankruptcy options so check with an attorney in your area for assistance.

    Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.

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