QUESTION

Can I file bankruptcy for free?

Asked on Jan 28th, 2013 on Bankruptcy - Michigan
More details to this question:
Can I file for free because I haven't any money to do so. I have a lot of bills, cars a house that I lost. Payday loans and other things that I need to file on. But I can't file without any money.
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15 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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It is possible to get a waiver of the court's bankruptcy filing fee, and some credit counseling agencies will allow you to take their courses for free, if your filing fee is waived. You might find an attorney to take your bankruptcy case on a pro bono basis or do it through a county legal aid or other legal aid society, such as Rio Grande Legal Aid.
Answered on Jan 31st, 2013 at 1:17 PM

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Bankruptcy Attorney serving Dallas, TX at Polk & Associates
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Yes you CAN file a bankruptcy for free, although whether you SHOULD go that route is a totally different story. If you can do it all on your own with no help from a lawyer then you can save on the legal fees. If you meet the federal poverty criteria then you can save on the court's filing fees. The article "Can I File for Bankruptcy for Free ?" on my website walks through the process and links to the forms you'd eventually need. Because so many things can go wrong and put you in a worse spot than you were in before you filed, however, it's not a very smart thing to do. If the reason you're in this position is due to bad decisions in the past, now could be the time to stop making bad decisions and start making smarter decisions. If you've only CONVINCED yourself you can't afford to pay an expert to handle this serious legal matter for you, and haven't actually TRIED yet to come up with the money to pay your bankruptcy lawyer, then the article "How To Afford A Bankruptcy Lawyer" on my website will hopefully give you some ideas. Based on the federal statistics, approximately 3% of people end up not being able to afford a case and would need it done for free. That means 97% of people who are broke and need a bankruptcy do in fact end up being able to put together enough money to hire a bankruptcy lawyer. I don't know which group you fall into just based on your question, but hopefully this information will give you a better idea where you're at.
Answered on Jan 30th, 2013 at 7:19 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The court may waive your filing fee if you meet certain income restrictions. However, you are not entitled to receive a free attorney in bankruptcy court. Of the many cases I have seen where someone did qualify for a waiver of the filing fees, the debtor could have avoided the hassle of filing bankruptcy. Bankruptcy is not, as many people believe, a program to help the poor and impoverished. Bankruptcy provides most help for the middle class person who has sustained a temporary setback and wants to get a fresh start.
Answered on Jan 30th, 2013 at 7:18 AM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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Bankruptcy is a very difficult area of law to navigate and simple mistakes can cause devastating results for you. That being said, you can get all of the forms from free online and fill them out. You can take them to the clerk's office to file and file and application to waive the filing fee. The judge has to approve this and it is not guaranteed. I still recommend you speak to a lawyer before doing so.
Answered on Jan 30th, 2013 at 7:17 AM

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Bankruptcy Attorney serving Las Vegas, NV
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You can submit for pro bono approval through Legal Aid of Southern Nevada at 386-1070. If you are below poverty level the filing fee can also be waived ($306). If you don't qualify then I recommend stopping payment on those debts you plan on discharging through bankruptcy and saving your money to pay legal fees.
Answered on Jan 30th, 2013 at 7:15 AM

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Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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Very difficult to do the bankruptcy schedules yourself, particularly if you do not understand how to fill them out, comprehend proper exemptions, etc.. It is better to shop around and try to find an inexpensive bankruptcy attorney to represent you. The $306 filing fee you can pay in installments to the court over four months.
Answered on Jan 30th, 2013 at 6:46 AM

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You should consider contacting your local legal services office. If you qualify for free services, they will put you in contact with an attorney.
Answered on Jan 30th, 2013 at 6:45 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can seek to file bankruptcy your self, and as the court to waive its fees.
Answered on Jan 30th, 2013 at 6:45 AM

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Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
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You can file on your own or find an attorney who will do it "pro bono. You can have the court waive the court fee but you have to bring a motion. Contact your local court to determine if they can refer you to an attorney who will do the case.
Answered on Jan 30th, 2013 at 6:44 AM

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If you can figure out how to prepare the papers yourself, you can apply for waiver of the filing fee. If that is granted, your bankruptcy will be free. But you take the risks because you will be representing yourself.
Answered on Jan 30th, 2013 at 6:44 AM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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You would need to apply to bankruptcy court to be able to do that.
Answered on Jan 30th, 2013 at 6:44 AM

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General Practice Attorney serving Belvidere, IL at Law Offices of Henry Repay
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Generally, no. Unfortunately, if bankruptcy attorneys considered doing that, it would apply to most of their clients. This time of year may be a good time to file if you are expecting a tax refund. Otherwise, debtors find various ways to pay: stop paying credit cards and other bills that will be included in the bankruptcy and start paying the attorney; relatives often pay; a work bonus sometimes provides the opportunity; some take a small loan from their 401(k) or life insurance (which will need to be paid back regardless the bankruptcy); some just pay a little at a time until they can file. The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for August 2012 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years' tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area. I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.
Answered on Jan 30th, 2013 at 6:42 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Usually not.
Answered on Jan 30th, 2013 at 6:41 AM

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You will need to request a waiver from the court in order to avoid paying the filing fees. The process will usually depend on the local court rules. You should contact the local court in order to obtain additional information.
Answered on Jan 30th, 2013 at 12:04 AM

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Probate and Estate Planning Attorney serving Harrison, MI at David T. McAndrew, Attorney at Law
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You can file without legal assistance. However, you may find the process complicated and frustrating. You, or your attorney, can file for a waiver of the federal filing fee, if your financial situation precludes the payment. I think if you do some research, you might find a debtor education program that might waive your fees also. Good Luck.
Answered on Jan 30th, 2013 at 12:03 AM

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