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Court Costs/Bankruptcy

I am not a Lawyer I am a Paralegal. Also when a Lawyer or a Paralegal becomes involved your problem or concern becomes an issue.
Okay there are two types of Bankruptcy used by the average person. The most well-known are Chapter 7, and Chapter 13. A Chapter 7 basically means

‘I ain’t got it and I can’t get it. Back off.’

When your bankruptcy is filed with the courts your creditors do have to back off but each and every one of your creditors must be officially notified of your Bankruptcy. This usually means a certified or registered letter through the post office. Most honest debt collectors will treat a telephone call as notification until they receive the official notification. If you have a lawyer her/his Firm will take care of that for you. Unfortunately Chapter 7 bankruptcy is where a lot of your valuable assets/possessions could be liquidated/sold to repay your creditors. If you own your own home or have specialized equipment that you need to keep or find a job PLEASE GOD SEE A LAWYER!!!!! A good lawyer will be able to help you protect at least some if not all of such assists/possessions.
Example: You are a Plumber and you just bought a brand new Cadillac. Your lawyer will be able to protect your work van and equipment but that Caddy you are so pleased with. So, sorry your shiny Caddy has to go back to the dealer. You’ll have to make do with a used mini-van for about a year.
If you really behind the 8-ball and if you take the time to look you can find a Bankruptcy Firm and Legal Aid group that will be willing to make their fees a part of your Bankruptcy debt. (They get a tax write off which balances the taxes paid on fees they charge rich people) However you will still have to come up with the Filing Fee. Currently the fee breakdown goes like this $245 case filing fee, $45 miscellaneous administrative fee and $16 Trustee surcharge. This is according to the United States Courts website. Bringing the total to start your Chapter 7 up to $306.
Don’t Panic! There is a way to break that $306 into manageable payments. It is just a matter of adding the right form to your bankruptcy petition. You will have to make the 1st payment when turn over your bankruptcy petition into the courts. In some cases your lawyer could get the whole fee waived. Also remember your protection officially doesn’t start until your bankruptcy petition is filed with the court.
Side-note: A petition is not a complaint. Simply put when you are filing a petition you are saying one of 2 things to the court. ‘I have this problem that I need your help with.’ or ‘this is a bad thing and I think you need to look into it.’

Next week I’ll talk about Chapter 13. Which simply put means ‘Give some room to get my act together.’

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