Does anyone know if, and what you have to pay to file for bankruptcy? If there is a fee, are there any circumstances where it can be waived?
By pat from Wareham, MA
You might be able to find the answers to your questions at: bankruptcyaction.com (07/24/2009)
By Patty Lynn
Back in 1996 the bankruptcy laws changed a great deal. You have to take credit counseling classes before and after. You can do all the paperwork yourself. Go to the government website through the court links. They tell you how to file without an attorney. The mandatory classes can be taken online. I believe the classes are $50-100 and the bankruptcy is about $250. It may have changed since we had to file in September 2006.
Keep your spirits up, you can recover from financial difficulties, we finally have, three years later. You could check out the non-profit credit counseling to see if they can get debt write off. Just be careful with that as the cancellation of debt ends up as income and you end up owing a lot of income taxes.
Good Luck. (07/27/2009)
Bankruptcy laws change month to month, year to year, and state to state so it might behoove you to scrounge up the money for a bankruptcy lawyer. It would be a shame for you to try and do on your own only to find out there was a change/loophole you didn't know about and you end up getting turned down by the bankruptcy judge and "cannot" file again!
Call a few local bankruptcy lawyers, make appointments (consultation is free) and choose a lawyer based not only on their rate, but by your gut feeling about them! If they say they charge by the hour run, don't walk, far away from them. There are lots of good bankruptcy lawyers that charge a standard flat fee based on your needs. Be aware that those fees will need to be paid up front, but they include all of his fees and filing fees. (07/27/2009)
Yes, there is a fee that has to be paid to the courthouse when you file. I filed a few years ago and the exact amount has probably changed. That fee can "not" be waived, but they did give me the option of making payments to the courthouse for a few weeks.
Do some checking around. You can file for bankruptcy on your own, but it is a complicated process. There are "do it yourself kits", services, and lawyers who can assist you depending on the level of assistance you need. I hired a service that helped me assemble all the required information, helped prepare the necessary forms, and reviewed them for correctness. Then I had to do the rest and actually file myself. It all went smoothly.
Only you can decide what you can afford and how much help you need for your circumstances. Best of luck. (07/27/2009)
I live in Missouri and have done some investigating. The two lawyers I spoke with told me it would cost me $1250. The lawyer fee is $900, and the filing fee is $350. They said I could make payments if I needed to, but they would not file for me until it is paid in full.
As Patty Lynn stated in a previous posting, a good place to check is bankruptcyaction.com. It answered all of my questions. Thank you Patty Lynn! (08/01/2009)
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