QUESTION
How do I file for bankruptcy by paying little or no money?
Asked on Oct 31st, 2012 on Bankruptcy - Florida
More details to this question:
I have student loans and credit card debt. I just got in over my head at 18 and now that I’m 22 with four children. I am trying to start over with my finances and get things on the right track.
10 ANSWERS
You can file a chapter 7 bankruptcy to eliminate the credit card debt. Student loans are almost never discharged in bankruptcy. You can also try to get a filing fee waiver where you will not have to pay filing fees if you qualify. Some places also have legal clinics that will help you with your bankruptcy.
Answered on Nov 05th, 2012 at 10:14 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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You probably should look at filing a chapter 7 bankruptcy. In a chapter 7, you pay nothing back to the creditors. The whole process lasts only about 3 - 4 months usually.
Answered on Nov 02nd, 2012 at 11:34 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Bankruptcy can deal with the credit cards, but not the student loans. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Nov 02nd, 2012 at 1:38 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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You can apply to have the filing fee waived, and if you qualify, it won't cost you anything to file your bankruptcy petition. However, student loans are almost never dischargeable in bankruptcy (not never, but almost never, probably less than 1% of the time), so I wouldn't get my hopes up for that debt. You should make an appointment to speak with a bankruptcy attorney many offer a half-hour free consultation and get his or her evaluation.? Take your last two tax returns, last two pay stubs, latest statements or invoices for all your debts, car registration, house deed, and a recent free credit report, along with a list of your usual monthly expenses (food, rent or mortgage, car payment, babysitting, etc.).? These things will allow the attorney to quickly size up your situation and advise you whether you can be helped by bankruptcy, how much it will cost, etc.? And it's okay to visit more than one attorney to make sure you get the full scoop. Good luck to you. Yours truly,
Answered on Nov 02nd, 2012 at 1:35 AM
Bankruptcy is not some gimmick to let you avoid paying your debt, and bankruptcy typically will not eliminate student loan debts at all. The requirements to file bankruptcy are significant, and unless the debt you are able to eliminate through bankruptcy are massive, imho, it isn't worth it. Expect to have credit card debt equal to half of your annual income to consider bankruptcy. If that is where you are at, make an appointment with a well regarded local bankruptcy attorney by looking at the internet review sites.
Answered on Nov 02nd, 2012 at 1:27 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Your student loans are not dis chargeable. Otherwise file.
Answered on Nov 02nd, 2012 at 12:50 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You can no longer file bankruptcy in the Eastern District of Michigan without paying all the attorney fees before filing. You can apply to pay the $306 filing fee in installments. There was a very recent bankruptcy case decision that decided attorneys cannot collect fees from clients after the bankruptcy has been filed. This has the effect of shutting down the bankruptcy "mills" that enabled debtors to start for as little as $100.00 and pay the remaining fees and costs after the case was filed. I am not certain how this decision in the Eastern District is being treated in the Western District.
Answered on Nov 02nd, 2012 at 12:46 AM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
2 Awards
There is no requirement that you hire an attorney, and you may be able to get the filing fee waived if you can't afford it. It is very difficult to get it right, though, without the assistance of an attorney.
Answered on Nov 02nd, 2012 at 12:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally you student loans are NOT discharged.
Answered on Nov 02nd, 2012 at 12:26 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have to pay to file bankruptcy. Student loans are considered non dis chargeable, but the credit card debt is dis chargeable.
Answered on Nov 02nd, 2012 at 12:24 AM