How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask dkennedy Your Own Question

dkennedy
dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6005
Experience:  15+ years experience
5930486
Type Your Bankruptcy Law Question Here...
dkennedy is online now
A new question is answered every 9 seconds

We are trying to get things ready to file a chapter 13, the

Customer Question

We are trying to get things ready to file a chapter 13, the lawyer says we don't make enough money to pay the B/R payment and live (my husband works an hourly job (with benefits) and I am opening a beauty shop. I kinda undersatand that but they have not offered to help us in any other way, what do we do? new lawyer? do something on our own?? Just about to drive us crazy. We were in construction business for 17 years and paid our bills, about 3 years ago we went to work for GSA with a contract and that is when things started going down hill. A lot of it is IRS (personal and company) and the other is cc company & personal. We have lived in the same house for 25 years and it is paid off so we paid our bills. By the way, my husband is 60 and I am 65. We just need to know where to start. Thanks, Norma
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dkennedy replied 1 year ago.

Hello,

Why did you only consider a Ch. 13? Do you have non-exempt property?

Customer: replied 1 year ago.

The lawyer only suggested a ch 13, never even anything else. We talked to him for about 10 min. not sure what you mean by non-exempt property. thanks Norma

Expert:  dkennedy replied 1 year ago.

A chapter 13 bankruptcy is called the "wage earner" plan. You would make a plan to be approved by the court to pay off all your creditors at "so much" on the dollar. The creditors have to take what you give them, as ordered by the court. For instance, you may owe Visa $5000 and the court-approved plan might have you make payments totaling $2,000. And then they are paid off. You would make one payment per month to the bankruptcy trustee who then divides it up among your creditors. One of the big advantages is that you can keep non-exempt property and not have it taken from you by the trustee. Non-exempt property would be like an airplane, extensive jewelry collection, stocks and bonds, etc.

In a Ch. 7, your debts are liquidated, except most taxes. They just go away. You can keep your house, car, furniture, personal belongings, pension, etc.

I don't know the details of your finances, so I suggest you get a free consult with another bankruptcy attorney who can advise you better than the first one did. Please feel free to ask any follow up questions that you have. It's a lot of information to digest!

dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6005
Experience: 15+ years experience
dkennedy and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

The last time my husband talked to the lawyers helper, she said we didn't make enought money to file and to live, but at our ages we are doing the best we can. Thanks

Expert:  dkennedy replied 1 year ago.
What does that even mean? When you file a Ch. 7, there is an automatic stay when you don't have to pay any bills during that time. Most of your bills would be discharged in the bankruptcy and you could make a fresh start. What do you think this "helper" was trying to say?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.