QUESTION
Which chapter do we file to cover credit cards and health bills only?
Asked on Oct 19th, 2013 on Bankruptcy - Florida
More details to this question:
I lost my job and we are now getting behind in our bills. We do not want to file on the house or the car just on the credit cards and our health bills. Does a lawyer want the money up front?
10 ANSWERS
Antoinette M. Wooten
It would depend on whether you own property like a car or a house which you are paying off. If you are unemployed and are falling behind on your bills you may want to file a chapter 13 to try and protect your home and car. You can keep your car by reaffirming your loan and keep your home by paying the trustee and your mortgage monthly. Most lawyers will want a least a portion of their fee in advance of filing your case.
Answered on Oct 22nd, 2013 at 7:47 AM
There is no chapter in bankruptcy that will let you pick and chose which debts to include and allow you to leave some off. Although you are welcome to continue to pay for your house and your car after filing bankruptcy, these debts must be included. The decision of which chapter to file is based on how much money you have left after paying your necessary living expenses and what you want to accomplish in bankruptcy.
Answered on Oct 21st, 2013 at 1:14 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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You would probably want to file a chapter 7. In this case, you would need to pay the attorney fees before the case could be filed.
Answered on Oct 21st, 2013 at 12:52 PM
2 Awards
There is no such think as a bankruptcy where you pick and choose what debt to list. You must list all debt. Some debt is dischargeable and other debt is not. In a chapter 7 you can discharge credit card and medical debt. In a 13 you will pay a portion if not all your debt back over a period of time.
Answered on Oct 21st, 2013 at 12:26 PM
Bankruptcy requires that all creditors be included in the petition. That said you can reaffirm certain obligations including mortgages and auto loans and continue to pay on those. The chapter you file depends on a number of factors including the amount of your debts, type of debts, and disposable income to name just a few.
Answered on Oct 21st, 2013 at 12:02 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You do not have the option to limit the debts included in your bankruptcy. A bankruptcy filing MUST include ALL debts and ALL assets. Failure to include all debts and assets could result in a denial of discharge. As to the most appropriate chapter to file, that decision is a product of an analysis of your current financial situation and your goals. You should seek competent counsel to assist you in making that decision. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
Answered on Oct 21st, 2013 at 11:49 AM
If you are going to file a chapter 7, which is what you seem to want to file, an attorney will need to take their fee up front because if the don't, the debt you owe will be discharged in your bankruptcy with your other debts. Whether you can or should file a chapter 7 is an analysis that needs to be done by an attorney. In a chapter 7, if you have unprotected equity in your house or car, you could lose either or both. So see a good and experienced attorney to make sure you file the correct bankruptcy and that the bankruptcy is done correctly.
Answered on Oct 21st, 2013 at 11:03 AM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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You need to sit down with an experienced bankruptcy attorney and go over your entire financial situation. This question cannot be answered in the abstract.
Answered on Oct 21st, 2013 at 11:02 AM
Deborah F. Bowinski
You cannot pick and choose which debts to list in a bankruptcy case. You CAN choose to continue making payments on certain loan if you wish to, however issues can come up such as reaffirmation agreements about which you really should seek legal advice. The type of bankruptcy case you should file is based upon a number of factors and specifics of your personal financial situation and cannot be reliably determined in this sort if forum. Most lawyers will expect payment before filing a case, but most lawyers will also work with clients to get fees paid in installments. Many will offer a brief, free consultation. You will be doing yourself a big favor by consulting with and retaining an attorney to assist you.
Answered on Oct 21st, 2013 at 10:55 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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I'm not sure how these myths start, but when you file a bankruptcy case you are REQUIRED to list all of your assets and all of your debts. It is not a pick and choose option.
Answered on Oct 21st, 2013 at 10:45 AM