QUESTION

How do I find out if I qualify for bankruptcy?

Asked on Oct 20th, 2012 on Bankruptcy - Florida
More details to this question:
I'm behind on all of my bills including my mortgage due to the job market and I have two small children involved. I am in desperate need of help!
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16 ANSWERS

Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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I suggest that you consult with a bankruptcy attorney to discuss the specific details of your situation and to determine if you qualify for Chapter 7 and what Chapter is the best option for you.
Answered on Oct 26th, 2012 at 11:01 PM

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Daniel James Wilson
Please schedule a consultation with a BK attorney.
Answered on Oct 25th, 2012 at 10:14 PM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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You definitely will qualify for bankruptcy.
Answered on Oct 24th, 2012 at 5:06 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Bankruptcy is a Constitutional right. So, I am sure you qualify. The real question is should you file? Please understand that 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. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
Answered on Oct 24th, 2012 at 5:05 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Read the pamphlet available for download at my website. Take the online means test calculator.
Answered on Oct 23rd, 2012 at 7:33 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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You hire an attorney to use his accumulated skills & knowledge to determine it.
Answered on Oct 23rd, 2012 at 7:32 PM

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Administrative Law Attorney serving Ann Arbor, MI at David J. Hutchinson
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Call an attorney to discuss your situation.
Answered on Oct 23rd, 2012 at 7:32 PM

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From your description, you probably should consider contacting a bankruptcy attorney, like me, for a free consultation.
Answered on Oct 23rd, 2012 at 7:31 PM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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Our San Diego bankruptcy website provides a good (if I say so myself) summary of factors affecting eligibility for chapter 7 and chapter 13 bankruptcy.
Answered on Oct 23rd, 2012 at 7:31 PM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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The best way to get an answer is to meet with a bankruptcy attorney and see what he or she says. Many give a free consultation. Take your last two tax returns, your last two pay stubs, the last two statements or invoices from everyone you owe, any files from lawsuits you are involved in, your house deed and any notices from your mortgage lender, a list of your assets and a list of your regular monthly expenses, and anything else that evidences your debts, then the lawyer will be able to get a good fix on your situation right away. Hope this helps. Good luck.
Answered on Oct 23rd, 2012 at 7:28 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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You need to speak to an experienced bankruptcy attorney although it would appear from your question that you qualify.
Answered on Oct 23rd, 2012 at 7:28 PM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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You need to consult with an attorney to see what Chapter you either can or should file. With mortgage arrearages, you can pay the past due amount through a Chapter 13 plan while making the regular monthly payments outside of the bankruptcy plan. However, you may be better off surrendering the home if the amount owed on the mortgage exceeds the current value of the home. When your attorney runs the MEANS TEST for you, s/he can then best advise you which route to take.
Answered on Oct 23rd, 2012 at 7:28 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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You are asking a very general question. All persons can qualify for bankruptcy protection, it is more of a question, which type (Chapter 7, Chapter 13 or Chapter 11). To determine this, check the US Trustee?s website for the Median income in your State and County. That will determine if you can file a Chapter 7 with or without a presumption of abuse. The presumption can be overcome, but it is a good place to start. Also, make an appointment with a Bankruptcy Attorney in your jurisdiction.
Answered on Oct 23rd, 2012 at 7:27 PM

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You should consult with a bankruptcy attorney for guidance. Most reputable attorneys will provide a free consultation.
Answered on Oct 23rd, 2012 at 7:25 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The obvious way to find out if you qualify to file bankruptcy is to consult with a local bankruptcy attorney. We will want to know how much debt you have by category, such as credit card debt, medical debt, real estate financing, vehicle financing, tax debt, etc. We will also want to know how much money you have left over after paying your living expenses. Don't want to meet with a lawyer right now? Pre-bankruptcy credit counseling is another way to let you see your financial position in an objective way.
Answered on Oct 23rd, 2012 at 7:24 PM

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David John Tybor
The first test requires that you total up ALL of your GROSS income and of anyone else in the household for the past six months and multiply by 2. If that total is under the census bureau standard for the number of people in your household you qualify for Chapter 7. If it is above the median income number, then you can try to qualify using the 'means test." An experienced attorney should provide a free consultation by phone or visit to determine your eligibility and whether there are any issues that need to be resolved prior to filing your case.
Answered on Oct 23rd, 2012 at 7:20 PM

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