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Roger
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Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Question Question My son is 37 and spouse is 23 and are

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My son is 37 and spouse is 23 and are in financial problems, their card is terrible
Me son only makes $15,000 hundred a month and his wife is gets $700.00 from S.S, for a total of income of $15,700 between them. They have around $19,000 in bills per month. This does’t include medical bills.
They have already ask the credit card companies to help them and did to a point.
This has not helped the situation they are in,
What is the best way to get them out of this financial problem.

Should they file for bankruptcy or chapter 13 do you have any other solution?

Worried farther
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Your son and daughter in law can file a chapter 7 or chapter 13. With a chapter 7, it would be a complete liquidation with all debts being canceled. Thus, they would get a fresh start. With a chapter 13, they would be allowed to keep all of their property, but they would also have to repay virtually all of their debt over time through a payment plan.

If they want a clean start, the chapter 7 is probably the best option. Also, if their income cannot support a payment plan that they would have to pay/or if their income isn't steady, a chapter 13 may not be available anyway.

Usually, people end up filing chapter 7 bankruptcy because it gives them a clean start and gets all of the creditors off of their back.
Customer: replied 1 year ago.

How do you go about filling Chapter 7, and what should tell them about the cost to file.

Expert:  Roger replied 1 year ago.
You have to file a voluntary petition for bankruptcy, and you can use the form here: http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_001_0410.pdf

This must be filed with the court clerk along with the filing fee, which you can find out from the local court clerk's office. Also, if you hire an attorney, he/she can take care of this for you. Generally, you can hire an attorney to file a chapter 7 for under $1000.
Customer: replied 1 year ago.

Is this something they can do themselves or not.

Expert:  Roger replied 1 year ago.
It is possible to file without a lawyer, but it is dangerous because of the technical aspects of filing. This, if they can hire an attorney, they should.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26390
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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