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Bankruptcy Law/Chapter 7 Bankruptcy Fees, doing it without a lawyer
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Question
When filing for bankruptcy, do you have to pay the full amount before your attorney mails a letter out to your creditors stating that you are filing for bankruptcy?
I live in Washington, DC and I only have credit card debt. I do not own any property. Do you know what it would cost me to file a chapter 7? I need to file a chapter 7 as soon as possible. Right now I'm living from pay check to pay check do to a huge decrease in my income. The bill collectors calls my job and residence at least 7 times everyday. I'm tired and just stress out over all of the harassment at home and work with the phone calls.I need to get this file as soon as possible but barely have the money to file. Is it anyway that I could do this on my own do to lack of money to file?
Financial arrangements are between you and your attorney. Fees vary according to what a client needs the lawyer to do. Some cases are simple, and should have a lower fee than what the same lawyer would charge someone with a complicated, more time consuming matter. Most lawyers will start preparing the paperwork with a partial payment and allow you to refer bill collectors right away, but won't file the case in court until all of your fees are paid.
I recommend that you do not try this on your own. The new law is so complicated that many good lawyers who previously did bankruptcy cases will no longer touch it. That should tell you something.
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Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
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