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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19013
Experience:  B.A.; M.B.A.; J.D.
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My son now 25 yers old, got in over his head with credit cards

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My son now 25 yers old, got in over his head with credit cards owed about $ 14.000 and on my recomendation he signed up with a consolidation co. who I dont know but my son was convinced where reputable, they tacked on a fee ?monthly for 6 years so now the dedt was $21,000 over the course of the pmnt. period. He could not keep up with the pmt. due to job loss/ Mammoth is limited in jobs he lives there. Now a law firm is contacting him about an affidavit to sign to represent him, my son, on the behalf of the law firm AND the consolidation firm I suppose to negotiate some settlement with the creditors. He is currently paying this law firm $166.00/mo. And I'm thinking this might all be a scam. Please give us an Idea of what to do!
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 7 years ago.

First and foremost, your son should not be signing any affidavit. He is getting in deeper and deeper. Since he is currently unemployed, this might be excellent time for him to consider filing Chapter 7 bankruptcy to get rid of the debts:



He ("You") might be eligible to file a Chapter 7 if you meet the income guidelines for your household size in your state. If your income is equal to or less than the current income guidelines for your household size in your state, you may be eligible to file a Chapter 7 all things being equal. In Chapter 7, if the Court grants you a discharge your debts will be wiped out. You would get a clean state, a fresh start.

These are the current income guidelines for the state of California:

Household of one person $49,182.00
Household of two persons $65,097.00
Household of three persons $70,684.00
Household of four persons $79,971.00
Add $6,900.00 for additional individual


The filling fee is $299.00. You may able to waive this filing fee if your income is 150% below the current poverty guidelines. Click here for current poverty guidelines:


You must receive budget and credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed. This means that if you are filing your bankruptcy case on Monday, you need to do the credit counseling on Sunday, the day before, not on Monday the day that you are filing for bankruptcy relief, and if you are filing your bankruptcy on Tuesday, you need to do your credit counseling by Monday and not on Tuesday, which is the day that you are for the bankruptcy relief. You cannot do the credit counseling the same day that you are filing for bankruptcy protection. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.



It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program office at



After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at



You may also be able to waive the credit counseling fees based on your income. The credit counseling agency that you would choose would make this determination.



Consult a local bankruptcy attorney for further explanations of your rights and responsibilities.



The sites below are good resources for finding bankruptcy attorneys in your area:


If you cannot afford an attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. Click on the links below for some of the bankruptcy petition preparers. You can do some searches on Google or Yahoo if you do not like the ones on the links below.



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