Can I file Ch.7 for free?

[arami008]

Hi to everyone on this forum, I like many of you made too many bad decisions and now my only way out is to declare bankruptcy.

It's been over a year since I last gave a payment to my CC accounts and on May 1st my car got repossed. I am in a bad situation with a very ill child and do not have money at all to pay an attorney or anything like that...not even the court fee. I think that my case is an easy one because all I own is a 2000 dodge caravan, which I need to take my son to the doctor, otherwise I am broke as can be.

I was wondering if anyone knows about any resources that would allow me to file for free literally? Please help me. My son will receive a transplant towards the end of this month or beggining the next, and I would like to have done something about my bad credit before they take me to jail or something... Thanks in advance.

[familyof7]

File pro se and fill out the form requesting that the filing fee be waived make sure you file it with the petition it is an easy form to fill out you can get it of you local bk court website just answer ALL the questions and explain your situation I was successful in having mine waived

[arami008]

Did you file on your own? I don't want to try and file on my own and than get myself in trouble for not filling in the petition appropiately.

If you did can you please let me know how you did it?

THanks

[HHM]

Even if you file on your own, you still have to pay the Court Filing Fee, Credit Counseling Fee, and debtor Education Fee (which I think, all told, is about $350, give or take)

However, you can petition the court to pay the Court Filing Fee in installments. (the filing fee is something like $274, I don't have the exact figure handy).

[familyof7]

I filed Pro Se (with out an attorney) and had my filing fee waived completely I did have to pay for the counseling before and the debt mngmt after they were 50.00 each so I spent 100.00 total on the courses and 40.00 on the forms you can download the forms for free from the courts website but if you dont know what forms to File I would not suggest that .but if you hire an attorney they will not waive the fee because if you can afford an attorney they feel you can afford the filing fee. I went to office depot and bought a kit it was 40.00 and it has instructions on what to do pretty easy to understand what you dont understand you will probally find help here. If they do deny your request to have the fee waived they will let you pay in payments. I had to hand write the information on the form but it was no big deal just write clearly.What state are you in?

[familyof7]

I can email the form to request the fee be waived if you are in GA I am not sure if the forms are exactly the same in other states but the process it pretty much the same

[ProSefromCA]

[ProSefromCA]

Oh, and one last thing. Many lawyers do pro bono (free) work for different reasons. You might dig and search around as much as possible for that as well.

[arami008]

Wow! You guys are so helpful...I had been reading a bit in the past and but never posted, but you guys are so helpful...thanks for all the information.

I am fro California and am literally forced to file "pro se", thank you for all your help.

[JollyGG]

My son will receive a transplant towards the end of this month or beggining the next, and I would like to have done something about my bad credit before they take me to jail or something... Thanks in advance.

They are not going to take you to jail over your debt.

The worst that can happen is they sue you, they win a judgement and they garnish your wages or attach a lein on your home, or attack you bank balance. And all three of these outcomes only come after a judgement has been won and depending on your state and how you handle your money each can sometime be avoided.

I would suggest handling things one at a time. Worry about your son right now. It sounds like you have enough on your plate for the time being.

Get past this and then you can worry about these old bills. You have time to look into low income legal aid options, pro-se, interview various lawyers to talk about your situation and possible payment options, learn more about your local laws on garnishments, liens, ect. Learn more about bankruptcy.

Once again. You cannot be hauled off to jail for not paying your debt.

[arami008]

Thanks JollyGG,

That definately is a big relief to know. Thanks again for all the information, now I feel much better and can focus more on my son for now, I will most likely petition until after his transplant. Once again thank you.

[NYCountry]

I didn't have to pay the counseling or management fees. My income is SS Disability and I just had to fax them a statement.

[JollyGG]

Thanks JollyGG,

That definately is a big relief to know. Thanks again for all the information, now I feel much better and can focus more on my son for now, I will most likely petition until after his transplant. Once again thank you.

Have you recieved something from the courts indicating that a creditor is seeking a judgement against you? Until that happens there is really no hurry to file. Even then if you have nothing they can take there is still no hurry.

I am only guessing from your post, but I'm guessing you don't work as you need to care for you child, you don't seem to own a home. You mentioned that the only thing you own is your van. If that is the case there is nothing to garnish, nothing worthwhile to place a lien against. The only thing you would need to worry about is attachment to your checking or savings. Start living on a cash basis and you are then what is called judgement proof. What that means it that a creditor can sue and get a judgement but they have no way to collect on that judgement. Usually in this case the creditor know that and they often don't even persue the judgement unless your situation improves or the statue of limitations starts to expire. But, even if they do get a judgement if you have nothing, there is nothing they can take.

Because it seems you are judgement proof I would recoment waiting on the bankruptcy. Normally the advice would be to file as soon as you know you will need to. Why continue to deal with harassing creditors and the extra stress for longer if you don't have to. However, as you have a sick child it would be better for you to wait as long as possible to file bankrupty. Once you file you can't file again for another 8 years. With your son being sick you are facing the probably if further medical expenses, and other expenses related to his illness. If you wait those will be included when you file. Even if your son is on some sort of program that will pay his medical bills there are millions of other expenses associated with having a sick child. You don't want to declare bankruptcy and then find yourself in debt over your head again.

So until the creditors are in a position to do anything to you I would recomend agains filing for bankruptcy.

This tread contains some usefull information about what a creditor can and cannot do to collect a debt and how the process works.

http://www.bkforum.com/showthread.php?t=14745

Be sure to read the areas of the forum for Chapter 7, general bankruptcy, and collection activity. You will learn a lot.

What state are you in?

[JollyGG]

I looked over some of your previous posts. It looks to me like you are in California, attending school, recieving public assistance and social security for your sick child. If that is still the case you are judgement proof.

Get your sons health taken care of and then worry about straightening out your finances. Once you graduate I assume it will be time to move on with your life and start making money. When that happens you don't want this debt hanging around. But you also don't want to use your bk option until you know you sons health issues are under control.

Are you graduating anytime soon? I'm sure classes move slow with a sick child plus another one at home. It looks like you need to just take things one step at a time.

Get your son taken care of, get your finance straightened our, get your degree and move on with your fresh start.

[arami008]

I will have to pospone graduation for now...I would have graduated this upcoming fall quarter but I will have to take that quarter off because immediately after transplant my son needs to go to the doctor 3 times a week for about 6 hours each day. He will have a central line which requires close supervision due to the high risk of infection.

Thanks JollyGG for all the good info...and my situation won't change until my son is out of treatment (2yrs) and I am graduated....until then I need a lot of patience. And again thank you very much.