Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
With a Chapter 13, you have to make payments to the court for up to 5 years. With a Chapter 7, you pay little or nothing to the court.
Why are you filing a Chapter 13 instead of a Chapter 7?
Last question - do you have property that has equity that you are trying to save, such as a house?
Just a few more questions, sorry. I want to make sure I give you the right answer:
1) Is the $35,000 income your take-home or your gross income? If it is your take-home income, what is your gross income?
2) What - if any - is the balance on your car loan?
3) What is the a) year, b) make, c) model, and d) mileage on your car?
Given the information you provided, you do qualify to file a Chapter 7 Bankruptcy, and it makes no sense to file a Chapter 13. If you file a Chapter 13, you will have to pay all of your disposable income into the Bankruptcy court for 3 years. If you file a Chapter 7, you will have to pay nothing.
When you file a Chapter 7 you are allowed to keep a car if it is worth less than $5,350 plus the cost to sell the car. Because of this, it may be a good idea to wait as long as possible to file, so that the value of your car will go down.
If the attorney you consulted with told you that a Chapter 7 could not be filed, you should call the South Carolina Bar Association and ask for a recommendation for a Bankruptcy attorney - to get a second opinion. The number is 803.799.6653. Most Bankruptcy attorneys will give a free consultation.
I think this is what you know. If not, please let me know.