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Bankruptcy

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CHAPTER 7 CONSUMER BANKRUPTCY

 
 

The minimum fee for a chapter 7 consumer bankruptcy for a single person is currently $700.00 plus costs. ($800.00 plus costs for a joint bankruptcy) The costs include the filing fee with the bankruptcy court, which currently is $299.00, and counseling costS, up to $100.00 per person. 

The new bankruptcy laws require debt consolidation counseling by an approved nonprofit agency within six months before filing a chapter 7 bankruptcy. You will pay a fee charged by the counseling agency. Also, before your chapter 7 bankruptcy can be finalized under the new law you will be required to take an approved debt management counseling. 

A sample fee statement is included below. It explains what is included and what is not included in the minimum fee (most cases with less than fifteen creditors are done for the minimum fee or slightly more). The sample describes most of the additional services you may need and explains how and when the retainer the fees and costs are paid in your case. The fee statement is usually signed at the consultation and is required before I will begin work on your case. The provisions of the Bankruptcy “Reform” legislation refers to a bankruptcy attorney as a “debt relief agency.”

If you are considering bankruptcy protection from debts then no doubt you have a lot of questions on your mind. My clients often experience a lot of relief from worry when these questions are answered, even if a bankruptcy is not advisable at the time of the consultation. Many people can exempt assets and income without a bankruptcy. It is important to know whether you have that option and how to protect it. Exempt assets are things you can keep even when filing bankruptcy.

Can you can keep your house, car or retirement funds in a chapter 7 bankruptcy?
     (Quite often you can).

How long will your credit be affected?

What can be done before filing a bankruptcy to get the greatest benefit from it and to keep you from losing an important asset, like the equity in   your home?

What happens if you take cash advances from creditors?

How long does it take?

What is the process for filing a bankruptcy?

Do you need a chapter 13 bankruptcy (reorganization)?

Do I make too much money to file a chapter 7 bankruptcy?

 

 

These are important questions which should be answered now!!! A bankruptcy consultation usually lasts 30 to 60 minutes.

It is very important that you consult with me about your case as soon as possible. Far too many times I have seen clients who tried to temporarily fix their financial woes by selling, liquidating or borrowing against the equity in their home, retirement savings and other assets (which otherwise could be protected assets) to pay some or all of their creditors. These are assets may have been kept free and clear in a chapter 7 bankruptcy if they had not mortgaged them. The right of a Florida resident to keep their homestead protected from creditors, no matter how much equity they have, is the most important right under Florida law. Under the new bankruptcy law, you cannot keep more than $125,000.00 of equity and value in your homestead unless you have owned it for a very long time.

FEE STATEMENT FOR CHAPTER 7 CONSUMER BANKRUPTCY