I have damaged credit How can I file an chapter 7 for free , I am a full time student with little to no income
Look for a free legal clinic in your city or a law school and find out if they have a problem to help you. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Anyone can file the petition and schedules themselves without an attorney. It is not recommended, however. As far as the filing fee, you can file for a waiver of the filing fee with the court.
Yeah, lots of people want something for free. A better question is whether you actually need bankruptcy. Bankruptcy is not a good strategy for repairing damaged credit. It is a program to help people obtain relief from paying massive and overwhelming debts. You usually get what you pay for, and you are unlikely to get a meaning strategy from a law student or a legal clinic designed to assist the indigent. Hope this perspective helps!
You do all yourself and learn everything we know to file your own.
Or you find somewhere in AL a place where they do for free..its not too often such places exist but they are sometimes in some states as Bankruptcy rules and laws are complex and should be followed. Other issues and facts can affect it which I will point out below for you too.
You can request a waiver of the filing fee too and again the rules and local rules must be complied with to save that $335 filing fee.
NO MATTER WHAT SIT DOWN WITH AN EXPERIENCED BANKRUPTCY ATTORNEY EVEN IF YOU DONT HIRE THEM TO DISCUSS YOUR CASE SO YOU CAN FEEL COMFORTABLE WITH THE PROCESS. But I would hire one if possible.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
Contact Legal Services of Alabama. If you qualify, they will give you free legal services with a qualified Bankruptcy attorney.
No representation is made that the quality of the lawyer is any greater than any other lawyer. No response to any question herein creates an attorney/client relationship.
There are cases where I will represent a client in a Chapter 7 case and defer both the legal fees and the Court's filing fee until after the case is filed. In that scenario, the Debtor has to pay all of the Court filing fee (currently $335.00 for ch 7.. "court costs" payable to the U.S. Bankruptcy Court, not the lawyer) before paying the attorney fees. Because the court filing fee can be set up to be paid over 120 days, that is a long time for the lawyer to work on a case and not get paid. There is also the proposition that the client chooses to never pay the attorney ( you really have to have no conscience to do that to an attorney who takes the case for $0.00 up front, partly out of a sense of ethical obligation to other human beings) while standing on the Discharge. I have faith in people that many lawyers understandably do not. I usually prefer that the client pay at least the full fling fee to the Court at the time of filing, by having a money order in hand for the $335.00 filing fee. Keep in mind that most assets can be partially liquidated before the bankruptcy case filing to raise the funds needed for reasonable legal fees and court filing fee. Always ( always) discuss the particulars of that with the lawyer first. Please do not read this message as suggesting it is a good idea to transfer or liquidate assets prior to your meeting with a bankruptcy lawyer. Most bankruptcy attorneys will handle a couple of cases each year on a "pro bono" basis for a person who is truly in need of assistance, with absolutely nowhere to turn ( for example, a very elderly person or a disabled person, or someone who has unexpectedly lost a spouse or child). Every case, and every client, poses different challenges.
this answer should not be considered as legal advice, only as informational purposes to encourage the Questioner to seek the assistance of a qualified attorney wherein these issues, and any others, can be fully worked through between Attorney and Client. No Attorney Client Relationship is created with Ryan Legal Services, Inc., its attorney(s) or agent(s) who have answered this Question, unless a separate written Fee Agreement is executed between the parties for legal services.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline