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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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To Whom It May Concern: My mother have been served a Civil

Customer Question

To Whom It May Concern: My mother have been served a Civil Warrant NO.(###) ###-#### telling her she will have to appear in court on September 20, 2017 at 1:30. Talked to a lawer and he want to charge her over $1,000 to file Chapter 7 and she want have to go to court. Her monthly income is less than $900 a month. I need he[p on forms I am unable to get to, plus no one return my call at 9***-***-****. Please advise. Thanks.
JA: What sort of protection is being sought? What are the debts in question?
Customer: Discover say she have a credit card and the total is $14,277.48. She was making monthly payment of $200 a month, but it only went on interest, and the debt never went down, they said it would take her over 15 years to pay off this debt, at 91, she would be 106.
JA: What state are you in?
Customer: Tennessee, Memphis
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am her son, and trying to help and keep her for paying out money she do not have.
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

Here are the Chapter 7 forms.The most important thing is you make sure you list all creditors so they get discharged and don't come after her later.This takes about a year start to finish.

https://www.legalconsumer.com/bankruptcy/bankruptcy-form.php?FIPS=47157

Here’s a list of the forms most people need when they file for Chapter 7 bankruptcy. Some of these, however, may not apply to your case. For example, if you are not requested a filing fee waiver, you won’t need to fill out Form B 3BA Application for Waiver of Chapter 7 Filing Fee.

B 101 Voluntary Petition for Individuals Filing for Bankruptcy

B 101A Initial Statement About an Eviction Judgment Against You (only if you have eviction judgment against you)

B 101B Statement About Payment of an Eviction Judgment Against You (only if you have eviction judgment against you)

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    B 103A Application for Individuals to Pay the Filing Fee in Installments

    B 103B Application to Have Chapter 7 Filing Fee Waived

    B 106 Summary of Your Assets and Liabilities and Certain Statistical Information

    B 106A/B Schedule A/B: Property

    B 106C Schedule C: The Property You Claim as Exempt

    B 106D Schedule D: Creditors Who Hold Claims Secured by Property

    B 106E/F Schedule E/F: Creditors Who Have Unsecured Claims

    B 106G Schedule G:Executory Contracts and Unexpired Leases

    B 106H Schedule H: Your Codebtors

    B 106I Schedule I: Your Income

    B 106J Schedule J: Your Expenses

    B 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2

    B 107 Your Statement of Financial Affairs for individuals Filing Bankruptcy

    B 108 Statement of Intention for Individuals Filing Under Chapter 7

    B 121 Your Statement About Your Social Security Numbers

    B 122A-1 Chapter 7 Statement of Current Monthly Income

    B 122A-1 Supp Statement of Exemption from Presumption of Abuse (only if you qualify for an exception to the means test)

    B 122A-2 Chapter 7 Means Test Calculation (only if your income is above the state median income)

    I appreciate the chance to help you tonight.Thanks again.

    If you can positive rate 5 stars it is much appreciated.

    Expert:  Ray replied 2 months ago.

    An individual’s eligibility to file Chapter 7 is determined by the means test instituted with the 2005 amendments to the bankruptcy code.

    Some high earners may not qualify for Chapter 7 if their debts are primarily consumer debts. With the help of experienced bankruptcy lawyers, most people who want to file Chapter 7 can do so.

    Chapter 7 is generally the simplest and quickest form of bankruptcy and is available to individuals, married couples, corporations and partnerships.

    ♦ How to decide if you need to file bankruptcy

    Filing Chapter 7

    The case is begun by filing the official petition, schedules and statement of financial affairs. These forms prompt you to list all of your assets and all of your debts, along with some recent financial history.

    This is the most important and most time consuming part of a bankruptcy filing

    It is important that every creditor is listed in the schedules with an accurate mailing address. You must list all of your debts, even if the debt is non dischargeable or if you intend to reaffirm the debt.

    The schedules also list your property, any debts secured by that property, and the sale value of the property. “Property” here means “assets” or “possessions”, not just real estate. More on property in bankruptcy.

    Your choice of exemptions is made on one of the schedules.

    The schedules are signed under penalty of perjury. False or recklessly inaccurate schedules can prevent you from getting a discharge.

    The schedules are filed with the bankruptcy clerk in the district in which you live, or have lived for the greater part of the last 180 days.

    For most purposes, the rights of the debtor and the creditors are those that exist on the day the case is filed. All of the proceedings in bankruptcy after the filing relate to the situation as it was on the day the case was filed.

    The automatic stay goes into effect upon filing the petition, creating a legal barrier to collection actions by creditors.

    The court appoints a trustee and gives notice to all creditors listed in your schedules that you have filed bankruptcy. You will get a copy of that notice at the same time it is sent to creditors.

    Thanks for rating 5 stars and the best here.