Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

To Whom It May Concern: My mother have been served a Civil…

Customer Question
To Whom It May...

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.

Lawyer's Assistant: What sort of protection is being sought? What are the debts in question?

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.

Lawyer's Assistant: What state are you in?

Tennessee, Memphis

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am her son, and trying to help and keep her for paying out money she do not have.

Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
8/3/2017
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,863
Experience: 30 years in civil, probate, real estate, elder law
Verified

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.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 1 year 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)

FEATURED LISTINGS FROM NOLO

48 Featured Bankruptcy Law Firms In San Francisco, CA change location

Weill & Mazer, A P.C. (formerly Benjamin, Weill & Mazer)

5.0/5.0

View Phone

contact

Ruben Law Firm

4.0/5.0

***-***-****

contact

Cook Collection Attorneys, PLC

5.0/5.0

View Phone

contact

Bunting, Drayton & Alward LLP

View Phone

contact

VIEW ALL

    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.

    Ask Your Own Legal Question
    Lawyer: Ray, Lawyer replied 1 year ago
    Ask Your Own Legal Question
    Lawyer: Ray, Lawyer replied 1 year 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.

    Ask Your Own Legal Question
    Was this answer helpful?

    How JustAnswer works

    step-image
    Describe your issueThe assistant will guide you
    step-image
    Chat 1:1 with a lawyerLicensed Experts are available 24/7
    step-image
    100% satisfaction guaranteeGet all the answers you need
    Ask Ray Your Own Question
    Ray
    Ray
    Ray, Lawyer
    Category: Legal
    Satisfied Customers: 48,863
    48,863 Satisfied Customers
    Experience: 30 years in civil, probate, real estate, elder law

    Ray is online now

    A new question is answered every 9 seconds

    How JustAnswer works:

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

    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

    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.

    EricRedwood City, CA

    I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

    MichaelWichita, 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!!

    ElaineAtlanta, 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.

    TonyApopka, FL

    Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

    LeeMichigan

    < Previous | Next >

    Meet the Experts:

    Ely

    Ely

    Counselor at Law

    24,658 satisfied customers

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

    INFOLAWYER

    INFOLAWYER

    Attorney

    22,843 satisfied customers

    Licensed attorney helping individuals and businesses

    JPEsq

    JPEsq

    Attorney

    2,132 satisfied customers

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

    Law Educator, Esq.

    Law Educator, Esq.

    Attorney

    44,266 satisfied customers

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

    Ellen

    Ellen

    Lawyer, Consultant

    8,238 satisfied customers

    25 years of experience helping people like you.

    Guillermo Senmartin

    Guillermo Senmartin

    Lawyer

    301 satisfied customers

    Principal Attorney at Guillermo J. Senmartin, P.A.

    Dimitry K., Esq.

    Dimitry K., Esq.

    Attorney

    17,183 satisfied customers

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

    < Previous | Next >

    Related Legal Questions
    Much difficulty paying my bills. Contacted National Debt
    Much difficulty paying my bills. Contacted National Debt Relief. I have $7500.00 in unsecured debt. Debt Relief was taking $258 monthly to build up enough money to try and settle the debt. I stopped p… read more
    Ray
    Ray
    Lawyer
    Doctoral Degree
    48,863 satisfied customers
    My question is: I moved to Dallas on July 15, 2017 from So.
    My question is: I moved to Dallas on July 15, 2017 from So. California. I did sign a 1 year rental lease agreement. Before moving to Texas I let my future landlord know that my Father was undergoing tests for Cancer. I kept her up to date from day 1 that if my Father became Terminal, which he did unfortunately, I would have to return to California. I have text messages stating "you can break the lease no problem" from her, yet she wouldn't return my Security Deposit for $1100.00. … read more
    Olivia Kent
    Olivia Kent
    Managing Partner
    Doctoral Degree
    4,578 satisfied customers
    I live in, DC. I'm hoping to get some advice on one of my
    My name is***** live in Washington, DC.I'm hoping to get some advice on one of my creditors who is refusing to cooperate, Discover Personal Loans.I have been working with a debt settlement company, Pe… read more
    Ray
    Ray
    Lawyer
    Doctoral Degree
    48,863 satisfied customers
    I married Connie in 2001. In 2003 I provided $40K for her to
    I married Connie in 2001. In 2003 I provided $40K for her to purchase us a marital home for $168K in her name solely. First mortgage was $128K in her name only. In 2003 she obtained a $29K heloc for r… read more
    TJ, Esq.
    TJ, Esq.
    Juris Doctor (JD)
    11,462 satisfied customers
    I lent $5,000 to a former friend. I wrote up a promissory note
    I lent $5,000 to a former friend. I wrote up a promissory note which stated that I was lending her the money because her exhusband had not been paying support in probation and it left her with not fun… read more
    Phillips Esq.
    Phillips Esq.
    Attorney
    JD
    20,492 satisfied customers
    im a small business owner.i just received civil lawsuit from
    i'm a small business owner.i just received civil lawsuit from an attorney reprsenting a woman from atlanta for five hundred thousand dollars;claiming that she fell in my restaurant about a year ago.i … read more
    INFOLAWYER
    INFOLAWYER
    Attorney
    Doctoral Degree
    22,843 satisfied customers
    My partner is in a long term care facility. He has a share
    My partner is in a long term care facility. He has a share of cost, which has been paid every month. The facility has added charges each month, and also state that I have to pay the balance forward. I… read more
    LADYLAWYER
    LADYLAWYER
    Owner of my own law firm
    Juris Doctor
    6,438 satisfied customers
    I started working with World Law Debt only to discover within
    I started working with World Law Debt only to discover within about a 5 month period that the money taken from my account monthly was not being used to "settle" with any of my creditors. In fact, I ha… read more
    Law Educator, Esq.
    Law Educator, Esq.
    Attorney
    Doctoral Degree
    44,266 satisfied customers
    i have a couple trusts. one for my money special needs trust
    i have a couple trusts. one for my money special needs trust and one with my home nothing owed that my husban and i set up before he died my son put me in debt with past taxes while taking care of my … read more
    Richard - Bizlaw
    Richard - Bizlaw
    Juris Doctor
    3,773 satisfied customers
    In October 2010, I incurred a tenant debt that has since gone
    In October 2010, I incurred a tenant debt that has since gone to a collections agency. The name of the agency is Resident Collect. I was living in Austin, TX at the time and was laid off from my job J… read more
    MShore Law
    MShore Law
    Doctoral Degree
    1,233 satisfied customers
    I went through a divorce about a year ago, when I went through
    I went through a divorce about a year ago, when I went through the divorce I separated from my ex and had to be separated for a period of time. I found a job in New Jersey and was in New Jersey when t… read more
    dkennedy
    dkennedy
    Attorney
    Juris Doctorate
    27 satisfied customers
    I am trying to help care for my parents who are in their late
    I am trying to help care for my parents who are in their late seventies. I have come to the conclusion that the only way to create a safe environment for then is to have them declared no longer compet… read more
    skelly151
    skelly151
    partner
    Post-Doctoral Degree
    2,328 satisfied customers
    My daughter is 62 adn tryiny to get in a low cost complex -
    My daughter is 62 adn tryiny to get in a low cost complex - and in applying she was sent a report that she was over paid by $7800. She has a serious fibromyalgia problem nd not rally able to work any … read more
    INFOLAWYER
    INFOLAWYER
    Attorney
    Doctoral Degree
    22,843 satisfied customers
    my name is roger frazee my wife is diane last friday she was
    my name is XXXXX XXXXX my wife is diane last friday she was on the phone with her ex husband about picking sammy up my step son he told her to come and get him then when she got there they started tro… read more
    MShore Law
    MShore Law
    Doctoral Degree
    1,233 satisfied customers
    I am 54 years old. I owe $25,000 in credit card debt. My
    I am 54 years old. I owe $25,000 in credit card debt. My only asset is a 2002 Ford 4 x 4 p/u worth somewhere between 7,000-$8200. I am on Social Security Disabiliy and have been for the last year afte… read more
    Maverick
    Maverick
    Doctoral Degree
    6,327 satisfied customers
    Question With pension income of $6,190.00 monthly net, plus
    Question: With pension income of $6,190.00 monthly net, plus a spouse's income of S.S. $1,146.00 monthly can I expect to be able to file chapter 7 bankruptcy? Will Nevada allow Chapter 7 with this inc… read more
    MShore Law
    MShore Law
    Doctoral Degree
    1,233 satisfied customers
    Background My wife was convicted of a federal felony in 2006
    Background: My wife was convicted of a federal felony in 2006 and was given court ordered restitution and probation. We were not married at the time and were not married until June 2007. Her probation… read more
    attySince1978
    attySince1978
    Doctoral Degree
    925 satisfied customers
    I am a 26 year old male with no prior record at all. I was
    I am a 26 year old male with no prior record at all. I was given a misdemeanor citation by the Memphis Police Dept. on 10-18-2008. The citation was for 39-14-103 (Theft of Property; Shoplifting.) The … read more
    Daniel Solutions
    Daniel Solutions
    Doctoral Degree
    5,212 satisfied customers

    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).

    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).

    Show MoreShow Less

    Ask Your Question

    x