What Is the Fastest, Cheapest Way to File Bankruptcy?
- The federal government requires bankruptcy courts to charge filing fees to those seeking relief. The amount you pay depends of the type of bankruptcy you file. The court cost for a Chapter 7 is $299; for a Chapter 13 it is $274. Filers are able receive permission from the court to pay the fees in installments, but if the fees are not paid within the time limit set by the court, their case may be dismissed. Filers for relief under Chapter 7 can have the fees waived by the court if their income is below 150 percent of the poverty level for their state. Filers must also pay for pre-bankruptcy credit counseling that generally costs around $50 unless they request the fee be waived due to inability to pay.
- The bankruptcy court will set a creditors meeting between 20 and 50 days after the filing is made no matter which bankruptcy chapter you are filing. A Chapter 7 discharge is generally granted between 60 and 90 days after the first creditor meeting. A Chapter 13 discharge is granted after the debtor completes the repayment plan set by the trustee, which generally takes three to five years. If the creditors have received as much money as they would have in a Chapter 7 liquidation bankruptcy, the debtor can request a hardship discharge of a Chapter 13 if he is unable to complete the plan due to circumstances beyond his control such as illness or inability to modify the plan.
- If you cannot afford a lawyer to represent you in your bankruptcy, contact the bar association in your state and ask about free representation or services that may be available. Check with law schools to see if they have a legal clinic or any free services. A lawyer can help prevent mistakes being made on your filing forms, which could increase the amount of time to receive a discharge.
- Mistakes on your bankruptcy forms can cost you time and can lead to your case being dismissed. It is imperative that the forms be filled out correctly and filed within the court's time frame. Debtors who represent themselves should read the bankruptcy code and federal rules to familiarize themselves with the rules and procedures of bankruptcy.
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