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-   -   Do I need a lawyer to file bankruptcy (https://www.askmehelpdesk.com/showthread.php?t=220792)

  • May 28, 2008, 01:10 PM
    maxine_red
    Do I need a lawyer to file bankruptcy
    There's no doubt about it, I NEED to file bankruptcy. I just don't know what the first step is. If I could afford a lawyer, I wouldn't be filing bankruptcy. There's $0 in my wallet, I have no bank account. Where do I start?
  • May 28, 2008, 01:13 PM
    sammismom1991
    United States Bankruptcy Courts - This is a good source for info on filing.
  • May 28, 2008, 01:19 PM
    George_1950
    Quote:

    Originally Posted by maxine_red
    There's no doubt about it, I NEED to file bankruptcy. I just don't know what the first step is. If I could afford a lawyer, I wouldn't be filing bankruptcy. There's $0 in my wallet, I have no bank account. Where do I start?

    Are you in a rush?
  • May 28, 2008, 01:33 PM
    maxine_red
    Thank you, I've seen that site but I always get stumped on the part about completing a special briefing from an approved credit counseling agency... I don't even know where to look
  • May 28, 2008, 01:34 PM
    maxine_red
    Yes, I am in a rush... I should have filed a long time ago
  • May 28, 2008, 01:37 PM
    sammismom1991
    You do have to complete the credit counseling. Look in your local phone book and see if you can find one. You can also call a local bankruptcy attorney and ask them for a list of local approved agencies in your area. According to your finances, some will not charge a fee for the visit. Most do - around $60 in our area. But I've heard it's worth it if you are in that bad of financial shape.
  • May 28, 2008, 02:00 PM
    George_1950
    Just curious: what is the rush? Do you have a job? Can you work a part-time job in addition?
  • May 28, 2008, 02:24 PM
    DBmtgprocessor
    There is some required counseling. It can be done on-line or over the phone. There is pre- counseling and then post counseling prior to discharge. Most Consumer Credit Counseling agencies do pre and post bankruptcy certifications. The one in Florida charges $50 for the pre-counseling and then $50 for the post. I do not think they waive that fee because of your finances, sometimes it can be waived due to being on disability or a free legal service. You can Google Consumer Credit Counseling to find the one nearest where you are. You can file bankruptcy on your own but there is a lot of paperwork involved especially with a chapter 13.
  • May 28, 2008, 03:17 PM
    maxine_red
    Thank you everyone. I appreciate the help.
  • May 28, 2008, 05:57 PM
    Fr_Chuck
    Under the new law, you have to do a credit counseling course within I think 90 days of your filing. You can do it online for 50 dollars from CCC and also after you file before the final discharge there is another course you have to do.

    The laws have changed a lot over the last couple of years, in prior years I have helped dozens file. But I would not even start to try and do it without an attorney. In fact I surveyed 6 bankruptcy attorneys on several issus about 5 months ago. These are attorneys that do nothing but bankrutpcy, I got at least 3 different answers on most issues, and on some I got exact opposite answers. So even a lot of the attorneys who do nothing but bankruptcy are confused.
  • May 29, 2008, 08:46 AM
    maxine_red
    Thank you to everyone for the responses. I'll at least begin with the credit counseling course and go from there.
    Thanks again!

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