by advent » Mon Jan 20, 2014 12:17 pm
I have worked with clients going through a bankruptcy and have found an attorney to be the best way to handle the situation. With the new bankruptcy reform act, you may not be able to have the debt discharged under Chapter 7 if: Your gross income for the six months preceding the bankruptcy filing is more than your state?s median income, and Either(a) your income minus allowable expenses over a 60 month period is more than $10,950, or(b) your income minus allowable expenses over a 60 month period is between $6,575 and $10,950, and is more than 25% of your nonpriority debts. So you can see this already becomes confusing.(Typical of government regulations.) An attorney can look at your situation and see if you even need to file bankruptcy. But, since CCCS has suggested you get an attorney, it looks like your situation can?t be solved using Consumer Counseling. The attorney will make sure your qualify for chapter 7 before you file, because if you don?t, you will have to use chapter 13 and pay the debt off over a three to five year period. Your living expenses are taken into account when determining how much you are able to repay creditors. The Reform Act changes the way most of these expenses, including rent, food, and clothing will be determined. It used to be decided by you and the court. The new Act now uses IRS guidelines, which are generally considered quite stringent. If you want to contest the guidelines, you will have to ask for a hearing in front of a judge. Another reason for an attorney. Under the new Act, you now have to undergo, at your own expense, credit counseling from an approved non profit credit counseling agency before you can file bankruptcy.(I am surprised CCCS did not tell you this.) This may take up to three months while the agency tries to work out a payment plan between you and your creditors. (This is required under the new Bankruptcy law so the credit agency can?t refuse to do this.) Additionally, you will have to complete, also at your expense, a personal financial management education course before you can obtain a discharge. I know this sounds expensive, but once you engage an attorney and start the bankruptcy process, you no longer have to pay any of your debts, so now you can use the money to pay the course fees. The new Act also requires more disclosure. In addition to providing a list of creditors, schedules of assets, debts, income, and expenses and a statement of financial affairs, you now have to provide: Pay stub?s from two months preceding the filing. Tax returns for the prior and current years. Itemized monthly expenses. Other disclosures. Photo ID, at the trustee?s request. So you can see, this is not just some paperwork. The attorney would be able to look at your situation and tell you whether bankruptcy should even be considered. Even if you have to hire an attorney, they have payment plans, and the cost is usually between $1,000 and $1,500,(I am surprised they quoted you such a high fee,) a lot less than trying to pay off all the debts you owe. Here is a web site with information on how to get started with a pro bono attorney, and how to find one in your state. http://www.probono.net/. If you get an attorney on your side quickly, he can take a look at your situation and advise you the proper course to take.