If it is a straightforward collection lawsuit (that is, there is no fraud or misrepresentation claims involved), there should not be much of a problem to file to discharge your debt. The petition should be filed before the lawsuit reaches the judgment phase that is, in about 30 days from 3/22/11 to be conservative.
The amount of fees and costs for Chapter 7 varies. For most flesh-and-blood persons, the fees will range from $799 to only prepare the petition to $2,500 or more for a full service engagement, with most attorneys falling somewhere in the middle of that range. Do not skimp on this as it can cost you dearly. You will find that, as in real life, you get what you pay for. The variation between attorneys will be in the hundreds of dollars (from $100 to $500) to file a new petition, but if you hire the wrong attorney and he or she botches your case, you may end up paying tens of thousands of dollars.
Bankruptcy cases can be simple, but only if done right. You should research your attorney and make sure that he actually has education and training in bankruptcy law and has handled hundreds, not just a few cases, and do not think that the number of years in practice is relevant if the attorney has only handled a couple of cases. Don't let the attorneys "practice" with your case. Personally, I chose the bankruptcy field and took and continue to take as well as teach classes on the nuances of this area and handle both large Chapter 11 cases and straightforward chapter 7 matters.
Unlike many attorneys whom I consider my peers, I do not charge for an initial consultation and do not try to sell you on my services. I analyze your situation thoroughly and tell you the pros and cons, if any, and do not pressure you to sign with me on the spot. Gratefully, virtually all the potential clients who have an initial consultation with me come back to hire us sooner or later and refer their friends and family to us. Call us and we will be glad to schedule an appointment for you.
Answered on Mar 30th, 2011 at 9:09 PM