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 kicklaw40 Your Own Question

kicklaw40
kicklaw40, Attorney
Category: Bankruptcy Law
Satisfied Customers: 21
Experience:  I have been a bankruptcy attorney since 1998 and have handled hundreds of bankruptcy cases successfully.
68544311
Type Your Bankruptcy Law Question Here...
kicklaw40 is online now
A new question is answered every 9 seconds

I filed for bankruptcy at the end of September 2012. I applied

Resolved Question:

I filed for bankruptcy at the end of September 2012. I applied for installments; however, in the end the judge simply gave me 120 pays to pay in full. I was told that that's just the way that this particular judge does it. (I do not have an attorney in this case.)

The 120 days is up in a few weeks; however, I recently lost my job and am ineligible for unemployment. I'm wondering if in your opinion it would be worth trying to go back in and file a waiver of the fee. I know there is some extra paperwork to do. Currently my income is $0 and I've got about $10 in my bank account. I can probably borrow the money if I need to, but I'd rather not. It's going to be tough enough making it through the next few months as it is. Any thoughts?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  kicklaw40 replied 1 year ago.

kicklaw40 :

I am a bankruptcy attorney and would be happy to assist you with your question.

kicklaw40 :

Unfortunately, the criteria for being granted a waiver of the filing fees is a set in stone standard. It is based on your income and says that your fees may be waived if your income is below 150% of the poverty level, but uses the income as of the time the case was filed.

kicklaw40 :

Did your income meet that criteria prior to the case being filed, or did you have a change since filing that left you with no income?

Customer:

I filed at the end of September when I was leaving my job and moving out of state to take a new job. The new job was a cut in pay but I was told to use the numbers that were in effect with the job I had at the date of filing, even though it would be ending in a few days. The new job I had from October until a few days ago when I was informed they had run out of money and that I was out of a job effective immediately.

Customer:

So...date of filing: well above the guideline for waiver. 10/12 through 12/12 - arguably within the waiver guideline (pay was $1000/month). Effective 1/3/12 = $0.

kicklaw40 :

Unfortunately, I believe you are out of luck with those facts. Bankruptcy law sets the date of filing as the date that multiple things are calculated on the basis of, and this is one of those things. Do not let the deadline for paying pass, or you will risk having the case dismissed.

kicklaw40 :

I hope I have answered your question to your satisfaction (even though it is undoubtedly not what you wanted to hear) and you will mark your answer as "very satisfied." Please let me know if you have any other questions with regard to this issue.

kicklaw40, Attorney
Category: Bankruptcy Law
Satisfied Customers: 21
Experience: I have been a bankruptcy attorney since 1998 and have handled hundreds of bankruptcy cases successfully.
kicklaw40 and 2 other Bankruptcy Law Specialists are ready to help you

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.
 
 
 

Related Bankruptcy Law Questions

Chat Now With A Bankruptcy Lawyer
kicklaw40
kicklaw40
Bankruptcy Lawyer
21 Satisfied Customers
I have been a bankruptcy attorney since 1998 and have handled hundreds of bankruptcy cases successfully.