I just had the sheriff seize what little assets i have over a civil judgement to repay my brother a claim that was rigged in magistrate court (small claims] I got no money as I'm on SSI and a very limited budget. They took my only means of transportation and left me on foot. Can i file chapter 13 in court and have the fee waived on the porper bill or file as an indigent?
andra A Kuhn Esq.Chapter 7 Bankruptcy AttorneyConcord, NH ·
There are forms that the Court has to file a motion to waive the filing fee. You may be able to get those online or if you go to the Court, ask for the form and complete and file it.
You may qualify for free representation. You should contact your local bar association and see if you can get some help.
Sure you can ask to waive the fees, but how are you going to get through the case? That is when the work starts. What income are you going to use to fund a Ch. 13 plan?
Michael Christopher BurrChapter 13 Bankruptcy AttorneyChicago, IL ·
In my experience, you can't get the filing fee waived in Ch.13, only Ch.7. You can, however, get the filing fee allowed in installments over 3 to 4 months. You also have to determine if you have the means to pay the debt and protect the car which would most likely require consulting with an attorney. Regarding attorney fees, they can often be paid through the Ch.13 plan but you may have to come up with a down payment depending on whom you hire.
YOu have only 2 goals in any bankruptcy: (1) to keep all your assets and (2) to discharge all your debts. I strongly suggest you meet with an experienced bankruptcy attorney who can easily answer those questions for you. But other issues that an attorney will ask you can affect our advice to you and as such you need to discuss with an attorney. There may be a PRO BONO bankruptcy attorney where you live. We do NOT know why you believe you need to be in a ch 13 instead of a much cheaper ch 7 either. Many persons state they want to file a ch 13 but in fact file a ch 7 when they find out the effects of each and how they work. So discuss with an attorney right away especially in light of the seizure! Good luck. You could amend your statement of facts to indicate why a ch 13...any prior bankruptcy? When and which chapter? Any traffic tickets? how much? any divorce related debt? etc..Thanks
YES! Sometimes filing fast and quick is exactly what a client needs to do. Go to the clerk and file on your own. BUT a Chapter 13 case is very very complex, and to make it worse, the trustees and judges will assume that without an attorney to help out, you will never be able to make it work. (They are probably right.) So as soon as you have self-filed, please take your case number to a lawyer who can advise you on how to best save the case. Keep in mind that all items you put into the petition, as well as the decision to file carry a requirement to act honestly and in good faith. In order to get the car back, we must show a good faith basis to fund a monthly chapter 13 plan payment.
