QUESTION

Can I file for bankruptcy for free if I'm on disability?

Asked on Sep 20th, 2015 on Bankruptcy - Michigan
More details to this question:
N/A
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Possibly, it also depends on your assets and outside income.
Answered on Oct 05th, 2015 at 4:49 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You may be eligible to get the court to waive your filing fees, but most people that are eligible for this benefit do not really need bankruptcy at all, since state laws called exemptions will often fully protect them. Consequently, Nevada legal services does not provide representation for the indigent in bankruptcy court, although they can refer you to a pro bono volunteer attorney. Ask yourself if you would file bankruptcy if you did have to pay for the cost. Nothing is really free. Even if the court says you do not have to pay their fees and you are assigned a pro bono attorney, there are still costs to filing bankruptcy.
Answered on Sep 24th, 2015 at 5:13 PM

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Derek W. Freeman
You can file an application to have the bankruptcy filing fee waived. To qualify, your income will have to be less than 150% of the poverty line, and you will have to attest that you cannot pay the fee in installments over 120 days. This is assuming you are an individual and filing a chapter 7. Also, you generally won't be able to waive the filing fee if you retain an attorney to help you. The court will assume that if you can afford to pay an attorney, you can afford to pay the filing fee. I do not recommend filing bankruptcy on your own.
Answered on Sep 24th, 2015 at 5:13 PM

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In Oregon, fee waivers are based on the poverty guidelines, and the income limit is 150 percent of poverty level. This varies by household size. Your disability benefits would be viewed as income for this analysis, even though they might not be taxable.
Answered on Sep 24th, 2015 at 2:52 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You MIGHT qualify for waiver of the court fees but that's about all. If you try without an attorney representing you (and they have to be paid) you might do more harm than good. Good luck.
Answered on Sep 24th, 2015 at 2:51 AM

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