i have no . nobody to help me pay either. i’ve worn out some my financial resources. no . how do i ? can i do it myself? what kind of information do i need to gather in order to do so? help please! i have no choice now.

 

  • rpg 5:02 pm on November 26, 2009 Permalink |

    Most bankruptcy attorneys will tell you that if you are as destitute as you say, you do not need to file bankruptcy at this time. What is the worst thing that could happen? Some creditor will sue you, but if you have no assets and no income that can be garnished, the creditor who sued won’t be able to collect the judgment anyway. So basically, if you are so destitute that you literally have nothing to lose, there is no reason to file bankruptcy ***at this time***.

    In general, many bankruptcy attorneys will tell you that the best time to file bankruptcy is either (a) before it gets this bad -i.e., when you still have assets that creditors could take, or (b) just as your bad fortune is turning around — i.e., after you have found a job and have something that creditors could take (namely, your income).

    That said, you should not get your legal advice from anonymous strangers on the internet. Make an in-person, face-to-face appointment with a local bankruptcy attorney. Most offer one free consultation, which is what you need. Take advantage of the free consultation and discuss your particular situation with a licensed attorney in person to receive real legal advice from somebody actually qualified to give it.

    Filing bankruptcy yourself is usually not recommended, particularly since 2005 when the bankruptcy reform law introduced a LOT of new – very picky and technical – requirements. When you file bankruptcy without an attorney, you are held to the SAME standard as a licensed attorney so far as your knowledge of the law and of court rules and procedures. Unless you are willing and able to spend a good deal of time educating yourself about bankruptcy law and the rules and procedures of Federal court (which is where bankruptcy is filed), filing without an attorney is a recipe for disaster. If you do elect to educate yourself to the level needed to do this successfully, it will involve spending a lot of time in a law library reading law books, legal opinions, previous cases filed, professional legal journals, etc. — not just Googling "bankruptcy" on the Internet.

    Make a free appointment with a bankruptcy attorney who offers a free consultation and get the real scoop from a licensed attorney.

  • RoofingPrincess 5:02 pm on November 26, 2009 Permalink |

    My dad actually had to borrow money from someone to file bankruptcy on his business. There are fees that have to be paid at the time of the filing
    http://www.uscourts.gov/bankruptcycourts/fees.html
    even if you don’t use a lawyer
    Under some conditions, the filing fee can be waived; here’s the information on that:
    http://www.wiwb.uscourts.gov/fillable_forms/FeeWaiver_B3B.pdf