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Is there any assistance to help my daughter file bankruptcy without having pay the lawyer fee?

North Webster, IN |

On March 23,2012 my daughter was in a terrible van accident. She did not have any car insurance,it had already elapsed. Due to not getting her mail from her last landlord, she never received any statements. Landlord threw all the mail away. She does not have any health insurance either. Medical bills are coming in and she can't afford to pay them or be able to pay lawyer's fee for filing bankruptcy. What does she have to do to get all these bills behind and taking care of?

Attorney Answers 3


  1. Sorry to hear about your daughter's accident. Unfortunately, from the details you have shared it does not sound like there is a hidden pocket to cover her medical bills. I assume she owned the van. I further assume that the accident was her fault?

    Perhaps one consideration may be to see if she qualifies for Medicaid. Even then, I'm not sure you would be retroactive. Thus, the best thing to do is wait for the bills to stop accruing. A Chapter 7 bankruptcy in Indiana shouldn't be more than $1,500. Perhaps family and friends could chip in and help her come up with the fee. It will be six months or more before collections starts to hound her. And even longer before somebody sues her and gets a judgment. So she has some time. I wish I could give you a better answer. Perhaps somebody on this board will think of one. But, I would definitely interview a few lawyers. Take advantage of their free consultations, so she can plan for this event. Good luck!!


  2. With only the limited information you disclosed, it is not clear that your daughter needs a bankruptcy. Many knowledgable bankruptcy attorneys offer an initial consultation at no-cost/no-obligation. In such a consultation your daughter should learn whether she is "collection-proof." If the answer is that she NEEDS a bankruptcy, she should contact a local legal aid program or the state bar association for a referral to resources for low-cost bankruptcy. Some states have a "volunteer lawyer" program that could help.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  3. Sometimes, it can be difficult for a debtor to pay the fees to file for bankruptcy (attorney fees, credit counseling, and court fees); however, it is rare that someone cannot pay for an attorney with proper saving and planning. There are some limited pro bono services from some lawyers and programs, but they are difficult to obtain, particularly in rural areas.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

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