Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
The forms you would have to fill out to see if you qualify to file a Chapter 7 Bankruptcy depend on the following:
1) How many are in your household?
2) What is your total gross household monthly income?
Please answer those 2 questions, and I can send you the link for the form.
I think my gross is around 45000
Thank you for your response.
Here is the form you have to fill out to determine if you qualify to file a Chapter 7. (If you do not qualify to file a Chapter 7, you may be able to file a Chapter 13.):
Since your income is above the median for your household size, you do have to fill out the entire form (9 pages).
roughly how much would it cost for an attorney
For a Chapter 7, you can expect to pay an attorney around $1,500 to fill out and file the papers.
Or you can pay a Bankruptcy preparer $200 to fill out the papers, and then you can file them yourself.
For a Chapter 13, you can expect to pay an attorney around $3,000, but you would be allowed to pay that amount over a period of 5 years.
I'm also behind on paying all my taxes
(You would not be able to use a Bankruptcy preparer for a Chapter 13.)
total debt is around $13000
What type of taxes do you owe?
some credit card and taxes
For what tax years are the taxes owed?
credit was around 19000, now it around 9000 but some aren't willing to settle
taxes around 8500
my original plan was to get the credit cards settle and then make payments on my back taxes
3 years, but I was adding for this year two in my total
the past three is around 6900
Do you have to pay support for any dependents outside your household?
One credit card company has filed a law suit against me,
No my children are over 18 now
and I have paid all my child support order by the court
I think your income is too high to file a Chapter 7 - unless you have support obligations outside your household - such as child support or alimony.
My problem was when the economy took a down turn and my income got cut around 19000 a year
You will not be able to file a Chapter 7 unless you have high medical bills, or if you have to pay child support or similar.
I had surgery a few years ago, but its pay off now
this partly why I am having problems catching up now
The maximum amount you can earn to file a Chapter 7 is $38,682 per year.
It would not pay for you to file a Chapter 13 because you would end up paying the entire amount that you owe - since you do not owe that much total.
what is the basic difference between the two
With a Chapter 7 your debts are discharged without paying anything to your creditors.
With a Chapter 13, you have to pay all disposable income (around $500) every month for up to 5 years.
I would like to find a form I could just put in all my debt payments in with an allowance for living cost
If they are going to force me to paid for this I would more than likely loss my home
There is no form that provides an allowance for debt payments - only living expenses (such as food and housing).
that would work, I could figure how the other part and see if I have enough to live on with what they are saying I should be able to live on
Yes - the form I gave you the link for will allow you to figure that out.
okay, that will give me something to work with for now
If I have any other question I will get back with you
And yes - please feel free to get back to me with any additional questions.
Just double checking on this site you gave me.
there is 2 charts, which one would I use?
Also it show 1 for food is $301, Is this for the month? if so this is less than $10 a day for food.
What about transportation or gas to get back and forth to work? I don't see a allowance for this. Is there one?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).