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My grandma is 74 she owns her manufactured home and the market value is 40,000.00

West Jordan, UT |
Filed under: Chapter 7 bankruptcy

She needs to file bankruptcy she would like to file chapter 7 but the exemption is only 20000 so what can she do she cant afford an attorney i filled out her chapter 7 papers.

She is being harrassed by creditors so she spends most of her day crying....

Attorney Answers 7

  1. Best answer

    It is wonderful that you wish to help her, but if she files a bankruptcy case without hiring a lawyer there is a very good likelihood that she will lose her home. She may not really have to file a case at all. She MUST consult with an experienced bankruptcy lawyer before she does anything. There may be free or low-cost legal services available to her through the local bar association or through some sort of elder resource organization. But even if you cannot find that, it is well worth the fee for a lawyer in order to protect what little she has.

  2. She can't afford not to hire an attorney to represent her. Make a mistake on these bankruptcy papers and she could be out on the street! Bankruptcy fees are very modest compared to the amount of debt someone ought to be getting rid of through bankruptcy.

    A qualified attorney might even tell grandma she doesn't need to file bankruptcy & teach her how to tell the creditors to "buzz off!" Hope this perspective helps!

  3. If your grandma has more than 20000 in equity in her home she should be careful deciding whether or not to file chapter 7 she should consult with an attorney to decide if she needs to file at all or whether a 13 might be a better option.

  4. Have her look at filing a Chapter 13. By doing so, she can make a modest
    payment to the court and keep her trailer while wiping out her desk. She
    should use an attorney. Many attorneys, like me, allow most of the attorney
    fees to be paid over a 3 to 5 year period in the bankruptcy plan.

  5. First of all, your grandmother will be best served by hiring an attorney to represent her. But if she is willing to risk losing her home without one, you might want to at least get a professional opinion on the value of her manufactured home. You do not indicate how you valued the manufactured home, and it might be worth less than you think. These types of properties have a tendency to depreciate rapidly.

    Also, some Chapter 7 trustees may be willing to negotiate a settlement with your grandmother for her to keep the manufactured home. However, if she cannot afford to hire a lawyer, it does not sound like she will have the necessary funds to do so. Also, the trustee may be totally unwilling to make any kind of deal with her... that would be something that a local bankruptcy lawyer would likely know the answer to.

    The bottom line is, filing bankruptcy without a lawyer is a terrible risk. Your grandmother has something to lose, and imagine how much worse her situation would be if she lost it.

  6. Agreed an attorney is extremely advisable when you own real estate. Its like doing brain surgery on yourself even if you were a doctor it cannot be undone if you make a mistake.

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  7. She absolutely needs to speak with an attorney in her area. Unless you have a law license I would strongly suggest you not fill out her bankruptcy paperwork for her unless you are merely writing in exactly what she tells you to fill in each blank. To do otherwise constitutes practicing law without a license and can subject you to prosecution.

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