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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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To file Chp 7 from aboard (China last 4 years) I will need

Customer Question

To file Chp 7 from aboard (China last 4 years) I will need a copy of my credit report. All reporting agencies refuse to give me information on line and require a written request. I believe my debts are...maybe 15,000 usd in bills and 1100 usd a month disability income (since 2001).

If I use your atty services what would be the charges? Since I qualify for poverty level will my filings fee's be reduced or forgiven? Even if I have an atty?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
I have received no responses except yours.
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  DCrane Law replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. There may be some confusion as t the nature of JustAnswer, a question and answer service. Regrettably, no attorney client relationship can be established. You mentioned what would be your charges if you use this service, but I want to be clear on the nature of the service. Please let me know if you would like to continue.
Customer: replied 2 years ago.

So I spent 18 usd to hear you say an answer cannot be given unless I pay more.


 


What part of 1100 usd income was not understood?

Expert:  DCrane Law replied 2 years ago.
Respectfully, XXXXX XXXXX not the expert for you, I attempted ask you a question to clarify your understanding and was met with sarcasm. I have opted out.
Customer: replied 2 years ago.
so have I..
Expert:  JoeLawyer replied 2 years ago.
Hello!

DCrane Law did not respond and ask you to pay more, rather he indicated that you may be mistaken about the nature of the service JustAnswer provides. Your question included "If I use your atty services what would be the charges?" implying you might want to hire JustAnswer as an attorney to represent you in a bankruptcy filing. However, JustAnswer is not an attorney service, and cannot represent anyone in any type of legal matter. JustAnswer answers questions but does not provide legal advice or legal representation.

Sorry for the confusion on that point.

Regarding your other question:

Since I qualify for poverty level will my filings fee's be reduced or forgiven? Even if I have an atty?


Filing fees can be forgiven if you file a Motion to Waive Filing Fee when you file your bankruptcy petition. Some districts call this an "In forma pauperis" motion. The court will sometimes have a hearing to determine if the court believes you cannot afford the filing fee. If so, the court will waive the filing fee. If not, the court may give you some time period in which to pay the filing fee (which is currently $306 for Chapter 7). I have done several of these, and normally I can get them waived unless the person is employed or has some funds with which to pay the filing fee. If the person is employed, you can often file a Motion to Pay Filing Fee in Installments, and at least break up the fees into a few payments.

The tricky part is if you have an attorney: Attorneys are FORBIDDEN from collecting any fee whatsoever regarding the bankruptcy if you get your filing fee waived. So, you have to find an attorney willing to work for free if you want to have any hope of waiving your filing fee. In the cases where I got the fees waived, I did the cases for free for indigent persons.

You might be able to find an attorney through a pro bono service or legal aid service to represent you for free, but again if you are employed or have any income or assets you may or may not qualify.

If you intend to remain in China throughout the bankruptcy process, you may also have some issues with attending the First Meeting of Creditors (also called the 341 hearing). Some trustees will let you participate telephonically, but some require an in-person meeting.

Good luck.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.

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