QUESTION

Where do I go online to file bankruptcy while on disability?

Asked on May 28th, 2015 on Bankruptcy - California
More details to this question:
I am needing to file bankruptcy. I am on disability and just went through a divorce last year.
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6 ANSWERS

It's not necessarily easy to file a BR petition online. Lawyers who do so have to sign up for a special form of access, and must give the court access to their bank accounts to pay the filing fee. Why not just fill out the forms (which are easy to get), call the clerk of the court to find out how many copies they want, (kee a paper copy for yourself, of course), and then mail them to the court with the filing fee. Most courts will not accept a personal check, but a bank check or money order is usually okay. Best of all, try to retain an experienced bankruptcy lawyer. It's almost always worth the investment. Good Luck.
Answered on Jun 23rd, 2015 at 2:57 PM

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Personal Bankruptcy Attorney serving Portland, OR
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If you are not an attorney you cannot file a bankruptcy case online. To file online, you have to be an attorney and you have to be trained on how to use the system and you need to use specialized software that is development for the sole purpose of preparing bankruptcy documents. If you are disabled, you might be able to qualify for a free attorney through your local legal aid office. In Multnomah County, Oregon, we have a Pro Bono Bankruptcy Clinic that is provided by the Oregon State Bar and Multnomah County Legal Aid. You can call Legal Aid and talk about whether you qualify to receive assistance from the program.
Answered on Jun 23rd, 2015 at 2:57 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Filing bankruptcy is not as easy as filling out a form. It's more like filling out many forms (about 50-60 pages) taking credit counseling courses, filing the petition with the court, attending a hearing, etc. Many people find the process too cumbersome to handle on their own and if you choose to go at it yourself then you do so at your own peril since there are some things to think about before deciding if filing is a good idea and if so what type of BK is appropriate and best time to move forward. I will say that generally speaking the money you spend on hiring a BK attorney is well spent. I'd say in terms of difficulty filing a successful bankruptcy falls somewhere in the middle between replacing oxygen sensors on a vehicle and rebuilding the transmission. I've done the first, but would never attempt the later as I am not a mechanic. I've had lawyers as BK clients. Those lawyers might be very well versed in handling even complicated litigation cases in state court but they know that bankruptcy court, which is a federal court has their own set of rules and procedures so they're not going to even try, they just get a bankruptcy attorney to do what they know how to do and they stick with what they know how to do. If you are absolutely committed in going at it alone then I suggest you spend considerable amount of time educating yourself on how to do it. There are self help books at most libraries. Nolo Bankruptcy books is probably one of the best laypersons' resources. The more sophisticated and thorough include state specific Bankruptcy Legal Practice Guides - those should be at the local law library. Some BK courts also provide information online for the do it yourself. I've checked what is available in my own jurisdiction and I can say it's pretty good but limited and doesn't really help someone figure out if filing BK makes sense, which can be even more important question to answer before you ask how to do it. I should mention that disability income is exempt from the creditor's reach. I don't know what other assets you have and whether you are as they say "judgment proof" or whether this situation is likely to continue for the remainder of your life. Since you mentioned that you went through a divorce I'm also wondering whether there are debts on which you are jointly liable but that the family court ruled are your responsibility. There are some potential issues there. Most attorneys provide free consultations and offer payment options so that you can pay them a little each month until you're paid up and they will handle your case.
Answered on Jun 23rd, 2015 at 2:56 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The website of your local bankruptcy court will have all the forms you need. I should warn you that filing without an attorney is not usually a good idea. Simple mistakes are more expensive than the legal fee.
Answered on Jun 23rd, 2015 at 2:56 PM

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If you represent yourself you must file over the counter.
Answered on Jun 23rd, 2015 at 2:56 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You as a consumer cannot file bankruptcy online. Only attorneys who have an account with the court can do this. If you are foolish enough to proceed with bankruptcy without legal representation, you may submit your paperwork at the local bankruptcy court clerk's office. But frankly, there may be absolutely no need for you to file a bankruptcy if your only source of income is disability, unless you own assets not protected from creditors under state exemptions. Some people can take advice, some have to learn the hard way.
Answered on Jun 23rd, 2015 at 2:56 PM

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