QUESTION

Should I file for bankruptcy if I cannot pay attorney fees? How?

Asked on May 05th, 2015 on Bankruptcy - New York
More details to this question:
I am a single mother and I think it might be time for bankruptcy. A few years ago I got into a car accident when I did not have insurance. The lawyers got involved and are altogether charging almost $20,000. I cannot afford to pay the fees. Should I file for bankruptcy? Would it be hard to do it on my own?
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7 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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I would recommend that you make payment arrangements with an attorney. Because you have an uninsured accident case, it is more complex than most cases. It would be difficult to get the best results from an complex case without an attorney. One option would be to file the case without an attorney, then to hire an attorney immediately after you file. Then you could pay the attorney over several months.
Answered on May 07th, 2015 at 4:17 AM

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Contact Colorado Legal Services. They may file your BK for free if you qualify.
Answered on May 06th, 2015 at 12:10 PM

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If you had been drinking, you cannot discharge damages for personal injury. Ordinarily you can discharge legal fees, but there are exceptions. It is perfectly lawful to represent yourself in a bankruptcy, but it is rarely a good idea. It's almost always best to retain an experienced lawyer. Some lawyers will accept instrumental payments. Good Luck.
Answered on May 05th, 2015 at 4:11 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The decision to file bankruptcy is not one that is easy to make. The paperwork alone is over 40 pages long and requires complicated mathematical calculations. How good are you at math? Most attorneys, CPA's and other professionals that file bankruptcy (and many do have to file bankruptcy as well) chose to hire a bankruptcy attorney to represent them because they see bankruptcy as being too hard to do on their own, but you may be the exception. Since all your assets will be at risk if you make a mistake, hope you don't have to learn the hard way.
Answered on May 05th, 2015 at 3:17 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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Depending on your circumstances, you may be eligible to file a Chapter 7 petition, which will discharge all unsecured debt. There are several benchmarks to pass - you must be able to pass the means test, that is an income test whereby you are measured against all others in the community/area where you live. If you are below the median income in your area, you will pass the means test and be allowed to file a chapter 7. If your income is above the median income level, and you do not have sufficient deductions to allow you to meet the income test, you may be required to file under Chapter 13, which is a wage earner's petition, whereby you propose a plan to pay your unsecured creditors back some percentage of what they are owed, depending on court approval of the plan. Bankruptcy can be done pro-se, but it is strongly suggested that you consult an attorney to help you through the process.
Answered on May 05th, 2015 at 3:15 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should see a bankruptcy attorney for your options, there is no single answer.
Answered on May 05th, 2015 at 2:24 PM

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Bankruptcy Attorney serving Schenectady, NY
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Those are discharge able but filing on your own is not recommended.
Answered on May 05th, 2015 at 2:21 PM

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