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Asked 11/10/2010

Bankruptcy 7 or 13

I was told by a free legal aid lawyer that I can only file bankruptcy if I have something of value that can be taken away from me. That if I am being sued by creditors that I can file.

Is this so?

I am homeless and have nothing except bills.

If I paid a lawyer to file for me do you think he would?

Is this discrimination or what?

 
 
 
 
Answers

Answer 1/6 - Submitted 11/10/2010

If I never have anything of value to be taken away, does the bill and interest just keep growing?

 
 

Answer 2/6 - Submitted 11/10/2010

Not true. You can file either Chapter 13 or Chapter 7. Chapter 13 requires you to make payments on the delinquencies and 7 just erases the slate. I do strongly recommend you obtaining an attorney for this matter though, as your creditors may fight this.

You are able to file either whether you own anything or not. They will not be able to take away anything whether you have anything or not. Just make sure this is your only option as this will make it that much harder to climb out of this financial hole that you're in.

Best of luck!

 
 

Answer 3/6 - Submitted 12/9/2010

You can file a chapter 7 to discharge the debt. You should probably go talk to a bankruptcy attorney.

 
 

Answer 4/6 - Submitted 12/16/2010

Understand that Chapter 7 and 13 are a bit different. Many people who file chapter 13 intend on paying back a portion of not all of the money that is owned to lenders. If you do not intend to pay anything back to lender then Chapter 7 may be the best route for you. I would strongly recommend taking a look at your finances before you plan to pay an attorney. NOT EVERYONE needs an attorney to file bankruptcy. Your particular state may provide an attorney free of fee to you in the event of need and you can prove that your not in a financial position to pay for any attorney. Most of the work performed by attorneys in relation to Bankruptcy comes with having to file items at your court of record. Good luck and keep your head up.

 
 

Answer 5/6 - Submitted 12/16/2010

Maybe he is saying that you are judgment proof. You can still file.

 
 

Answer 6/6 - Submitted 1/8/2011

Understand that Chapter 7 and 13 are a bit different. Many people who file chapter 13 intend on paying back a portion of not all of the money that is owned to lenders. If you do not intend to pay anything back to lender then Chapter 7 may be the best route for you. I would strongly recommend taking a look at your finances before you plan to pay an attorney. NOT EVERYONE needs an attorney to file bankruptcy. Your particular state may provide an attorney free of fee to you in the event of need and you can prove that your not in a financial position to pay for any attorney. Most of the work performed by attorneys in relation to Bankruptcy comes with having to file items at your court of record. Good luck and keep your head up.

 
 
 
 
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