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Still cannot afford BK

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    Still cannot afford BK

    It's been nearly a year since deciding to go BK, and it's been about 6 months since abandoning the house. I have not had a job in all that time. I was living on Unemplyment for a bit of that time. I now have a part time job, minimum wage, and make about 580 to 600 per month. My landlord wants 360, which leaves me maybe 200 -250 for food, gas, and all the rest of the stuff -- per month. It is absolutely difficult to save any money. I am supposed to come up with 1500 for the BK. I just can't. It looks like this is the way it will be for a while. I do not think I am intellegent enough to file on my own.


    Any ideas or thoughts on lower income filing, or do I just keep ignoring lawsuit threats?

    #2
    Can this poster file at a lesser cost if he does so pro se ?
    Much thanks for all the support and information I receive on this forum.
    Chapter 7 filed 11/21/2008
    341 Meeting 01/05/2009
    Discharged 03/06/2009

    Comment


      #3
      How about nebls dot com?

      Nebraska legal aid service.
      6/30/2009 Filed Ch. 7
      10/06/2009 Discharged
      01/24/2011 Closed

      Comment


        #4
        Yes examine the Pro Se method (without an attorney)
        I think the filing fees are $215 if I remember right.
        Maybe you can find someone to help you fill the paperwork out.

        Comment


          #5
          What about a hardship case? Sounds like you may fit. Do some research in your income level seems like there has to be some sort of legal aide that can help you.



          I found this online and it does say legal aid will help with BK. Also the median income in Nebraska is over $37K for 1 person, which with your income you are well below. Go to this site and look around, maybe you can give them a call and they can help you.

          Good luck!
          Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

          Comment


            #6
            why don't you file prosea? all you'd pay would be the filing fees, and your class fees. Probably less than $500 (and that would be on top of the fees your attorney would charge in most cases).

            If you've been studying up for a year; you'll be fine doing this yourself.

            I was going to hire an attorney just because i thought it would be looked upon better; but have decided to do it myself and save the money.


            Originally posted by Iwantmyname View Post
            It's been nearly a year since deciding to go BK, and it's been about 6 months since abandoning the house. I have not had a job in all that time. I was living on Unemplyment for a bit of that time. I now have a part time job, minimum wage, and make about 580 to 600 per month. My landlord wants 360, which leaves me maybe 200 -250 for food, gas, and all the rest of the stuff -- per month. It is absolutely difficult to save any money. I am supposed to come up with 1500 for the BK. I just can't. It looks like this is the way it will be for a while. I do not think I am intellegent enough to file on my own.


            Any ideas or thoughts on lower income filing, or do I just keep ignoring lawsuit threats?
            Filed Pro Se: 10/16/2009
            341 Scheduled: 11/23/2009
            Last Day for Objections: 1/22/2010
            Discharged: 1/28/2010

            Comment


              #7
              Hmm. Thanks a lot guys. I guess I am afraid I might do something wrong with pro sea. I don't want to mess myself up.

              Yeah, poverty for a one person household is 13000.00 per year and I am making 6960.00 to 7200.00 per year. I'm only also in my 2nd month of having work at all, so I could lose the job at any time. I was always told not to do it until I had a stable job with health care.
              Last edited by Iwantmyname; 08-01-2009, 05:41 PM.

              Comment


                #8
                Originally posted by Iwantmyname View Post
                Yeah, poverty for a one person household is 13000.00 per year and I am making 6960.00 to 7200.00 per year. I'm only also in my 2nd month of having work at all, so I could lose the job at any time. I was always told not to do it until I had a stable job with health care.
                At your current income level and owning no significant assets, you are essentially judgment-proof. (That means that you are making so little, it would do no good for your large creditors to take you to court to garnish wages. You just aren't making enough to make it worth their while.)

                Don't pull the bk trigger unless you have a compelling reason to do so. You only get to pull the Ch 7 trigger every eight years. Don't pull it now when you have so little to take.

                Set up several free initial consultations with bk lawyers and ask whether it makes sense to file now or wait until you do have steady income again. My guess is that the good lawyers are going to tell you to wait, stop paying your unsecured creditors, keep making your car payment on time to ensure you can get to what work you have, and see what happens.

                Your phone may ring off the hook and you'll get letters for awhile, but those can be dealt with pretty easily. The chances of your creditors pursuing legal actions against you while you are making so little is very small.
                Last edited by lrprn; 08-01-2009, 07:49 PM.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment

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