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How long?

Submitted by on Fri, 02/27/2009 - 10:44
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I plan on going to a bankruptcy attorney next month and give them $500 for now to start everything. I am disabled and on SS. I have no assets and debt around $25,000. I plan on doing chapter 7. I know it will cost more than $500 most likely but how soon is an automatic stay go into effect? Do I have to pay them the whole amount first or can I pay some now just to get things started? I already have one judgment against me and I am being sued on another debt right now. I don't go for the case management hearing until early/middle March and I want to be able to get that thrown out of court with the automatic stay before another judgment is entered..hopefully I am not missing anything. Any help would be appreciated.


Hi Guest,

You may wish to check out the government's Chapter 7 page for more detail.

Have you already gone through a credit counseling? It is required.

Technically, you can file yourself and save quite a bit of money. Even the necessary forms are online.

But the fee is normally around $1500 with an attorney, and yes, attorneys usually charge up front.

That stay happens as soon as you actually file with the Bankruptcy court.

Hope this helps,

chrys


Submitted by Chrys Henderson on Fri, 02/27/2009 - 23:05

Chrys Henderson

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I just read something in the Chapter 7 page that you linked to above.

In chapter 7 when the case gets started they talked about " and estate" being temporarily formed. The way I read it even property that I own with someone else becomes part of that "estate". So does that mean that a motorcycle I own with another person then becomes something they can deem part of the estate?


Submitted by on Sat, 02/28/2009 - 19:28

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Hi Guest,

I am not ignoring you, I promise! I asked an attorney about this but I have not yet received a response.

Apparently, someone who knows the answer hasn't read this thread yet!

But, as far as I know, and I say it with reservation, they are gathering the "estate" to determine whether liquidation is in order or not. I think you should be ok with the co-owned bike, you do not have to actually put it INTO the bankruptcy, even though you have to declare it as an asset. As long as you don't have a lot of equity in it, you should be alright. It other words, if you have a fully paid for custom-made Harley trike they just might liquidate it for disbursal to creditors.

Hope this helps,

chrys


Submitted by Chrys Henderson on Tue, 03/03/2009 - 20:47

Chrys Henderson

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