Ignorant newbie needs help.

[lovejoy83]

I don't have much $$ and I need to file for bankruptcy due to medical bills. I got sick last year with a bad gall bladder and had to be air-lifted. The bills are for more than $130,000.00, and I work at WalMart earning $2,100 a month while raising 3 kids. I pay these creditors every month, whatever I can. I have not neglected one of them. All my records are in-tact. Now though, they are starting to send my payments back to me un-cashed, demanding payment in full. I am afraid they will start garnishing my wages if I don't file for bankruptcy.

So, can someone tell me what form of bankruptcy I file.

I want to do it with a reputable online site. I don't care if it's a site that is only offering to assist (software wizard, etc.), just so long as it is a complete job at the expense of my labor and again, reputable. My budget is about $600.00.

Thanx in advance.



I'm Broke.

[free2breathe]

First, I would not suggest an online site, "reputable" or not. They only fill out your paperwork with the information you give them. If they make a mistake, you are responsible. If you simply cannot afford an attorney, you might look into Legal Aid and see if you qualify for some assistance.

The other option, depending on your circumstances, is to file pro se. It's not for the faint of heart, but many of us on here have successfully filed our own bankruptcies. The first suggestion on these forums is generally to make a few appointments for free consultations with attorneys. It will at least give you an idea of what sort of case the attorneys believe you have. The second step would be to go to www.nolo.com and download their Chapter 7 book. Given your family size and your income, looks like a 7 would be your best bet.

Do you own a home? Car with a balance on a loan? If so, are you wanting to keep either? That will also determine what chapter you file.

Seriously though, be very careful about having a bankruptcy paperwork preparer do your paperwork. There are many horror stories out there about them.

[df04527]

Totally agree with the above and will also add an option that alot of people stop paying their bills right away and use that money to pay for the attorney. They will not garnish that fast - it could take months more than likely. One additional option for you to consider is that many attorney's offer free consultations as well as payment plans. If your seriously considering this - you really should schedule appts with a few attorney's. There are many many threads and stickies here that will help you with what kind of questions to ask as well as lots of other good info.

by the way - welcome to the forum.

[free2breathe]

Totally agree with the above and will also add an option that alot of people stop paying their bills right away and use that money to pay for the attorney. They will not garnish that fast - it could take months more than likely. One additional option for you to consider is that many attorney's offer free consultations as well as payment plans. If your seriously considering this - you really should schedule appts with a few attorney's. There are many many threads and stickies here that will help you with what kind of questions to ask as well as lots of other good info.

by the way - welcome to the forum.

Absolutely, stop paying your creditors now and save that money for your attorney or other expenses you need to survive. I meant to add that and got sidetracked. Good advice from df!

[lovejoy83]

Absolutely, stop paying your creditors now and save that money for your attorney or other expenses you need to survive. I meant to add that and got sidetracked. Good advice from df!

You guys are great, and fast. Thanx.

Let me add, I pay these collectors, $3 - $5 a month. There's 24 of them. That's a chunk of what I earn. Do you really believe I could afford an attorney on what I make verses what I've been paying these collectors?

Also, I own NOTHING. Never have. I just got sick and now . . .

BTW, I am not on a soap-box. I am just trying to do what is best for my family and if the law suggests I file for bankruptcy, then bankruptcy it is. A terrible dilemma, I know.

Move forward.


Thanx again, people. A quality site pointing to facts. Relief!!!

[free2breathe]

You are already facing bankruptcy with the right attitude. It's a business decision in the best interest of you and yours. That's a big step right there! Well done.

I suggest you peruse the "Pro Se Filers" section of this forum to get an idea of what it entails. If you have no assets, and are riddled with debt, and have no unusual circumstances, filing pro se can be the way to go.

Another suggestion is to go to your district's Bankrupcty Court site, and find the link for local rules. You will usually also be able to find a link for "Filing Without an Attorney". Educate, educate, educate yourself. It takes a lot of time, and it's scary, but it can be done. Again, go through with setting up a couple of free consults with attorneys in your area just to get a feel for what they have to offer. Not saying you have to retain one, but those initial consultations can reveal information and questions you may not have thought about.

You sound like us. We had been unable to pay any of our bills for over a year....our income ended for about 6 months and we struggled just to pull our heads above water. Then hubby had a gall bladder removed with complications and the medical bills skyrocketed. I finally said, "enough is enough" and started the paperwork.

Good luck to you, welcome to the forum, and never be afraid to ask any questions here. There are many, many people who have gone through, are going through, or who are looking at going through what you are. Lots of answers on this forum