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Chapter 7 Bankruptcy results in a discharge of all of your dischargeable debts, ie., you are no longer
responsible to pay them. It is appropriate for debtors (1) who are insolvent and unable to
pay their bills in a timely manner, (2) who have not filed a Chapter 7 bankruptcy in the
prior eight years, (3) who do not have a lot of non-exempt assets they wish to protect,
and (4) who do not earn the median income* in this state or, if they do, they do not have
a spare $100 - $167 (depending on total amount of debt) left over at the end of the
month's reasonably necessary living expenses to fund a Chapter 13 Plan.
*Median Incomes in the Southern
District of California
Family Size Monthly
1
3,793
2 5,003
3
5,397
4 6,233
5
6,808
6
7,383
7 7,958
8 8,533 Chapter 13 Bankruptcy is a form of debt
consolidation where you pay the bankruptcy trustee every month for five years and he pays
your creditors some percentage of what you owe them. There is usually no interest paid and
the balance owed at the end of the term of the plan is discharged. It is appropriate for
debtors who have non-exempt assets they wish to
keep, or exempt assets for which the payments are in arrears, or who earn at least the
median income in this state. Another benefit of Chapter 13 is the opportunity for
paying considerably less than what you currently owe for a vehicle you have owned for at
least 2-1/2 years by using the "cram down" concept wherein you have to pay 100%
of the current fair market value of the vehicle, but the rest of what you owe is unsecured
debt ... like your credit cards.
Our fee for preparing the Chapter 7 petition and all the schedules that go along with
it, including attorney representation at the creditors'
meeting, is $995 plus $50 per secured creditor (secured creditors are those with liens
on property, like mortgages and auto lenders). Add $200 if you are married (whether
your spouse is filing with you or not) or if you are self-employed. Add $200 if you
are over the median income shown above. There is also a filing fee at the Bankruptcy
Court of $299, unless your income is less than 150% of the "poverty level" and
you are unable to pay it.
While all of these fees must be paid prior to filing the Petition, a down payment of
whatever is comfortable for you is all that is needed to get started. You don't need to
bring any paperwork or information to the initial consultation (usually with the attorney
who will be representing you). You will receive a questionnaire where you will tell us all
about your income, expenses, assets, etc.; and once you are a client, we will take
the phone calls from your creditors and confirm that you have retained an attorney to
handle your bankruptcy. We will also download a credit report for you.
The up-front fees for Chapter 13 are the same; but the filing fee is $274, and the
trustee will pay your attorney additional fees out of the plan payments he receives. (This
is due to the additional work required to develop an acceptable Chapter 13 Plan and have
it confirmed by the Court, not to mention the fact that your attorney remains attorney of
record for the duration of your Plan.)
Unfortunately, we cannot accept your credit card to begin your
bankruptcy because it could be looked upon as a form of fraud wherein you
"borrowed" the funds with no intention of repaying. We can, however, accept
check/debit cards and/or credit cards from family or friends. |
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