ok call me dumb...but...

[velvet passion]

What is the name of your state? i am in Pa.
i have read everything i can find and still do not understand..now..tell me..IF i file bk...don't i just pay a set amount for lawyer and court costs and my debt gets wiped...and i own my house will it be in danger of being sold??? i owe on my car yet so it wouldnt be a part of it. i have credit card debts from my marriage and all of it is in my name...allowing him to use my cards was a mistake and theres nothing i can do about it. i am responsible for the debt. please help?

 

[AttorneyOney]

A bankruptcy case need not be much more complicated than what you've said. Definitely hire an attorney, though, because your home may well be at risk of being sold to pay your creditors. It's just not worth it to save a $1,000 in attorney fees and then lose many tens of thousands of dollars because of forgetting some small thing that would have saved the home.

 

[smorr]

Lawyers charge different fees for bankruptcy filings. It depends on who you get and what you have in the way of assets. If you own a home, you may need to file a Ch 13. It's still a personal bankruptcy, but I think you get to save the house and the car. If you had two cars, I think one would have to go. Ch. 13 requires you to pay the debts, but at only 10% of the total amount of the discharged debts. For example $25,000 in debt - pay only $2500. This amount would be distributed among the creditors you owed. I think you get discharged after the money is paid.. but not sure on that (I filed a ch. 7). Do your homework on finding a good lawyer! Get educated on the bankruptcy process as well...buy books if you can on it and go online since most states have bankruptcy information on their state's government website. It will give you an edge if some atty tries to take advantage of your situation.

 

[djohnson]

An attorney will probably charge a specific amount based on what he has to do for you and what type you file. Some in a 13 will even put their fee in the payback amount so there isn't anything up front. If you own your house completely it may be a problem. How much is it worth? You will have the choice of reaffirming the car loan or turning it back in. The unsecured debt will be wiped away. If you have to do a 13 you may have to pay a percentage of it back based on what you are bringing home vs your out going bills. An attorney can advise you best based on your circumstances. Most initial consultations are free. In a 13 the percent you pay back may also effect your tax returns so keep that in mind.