May need to file bankruptcy. Can anyone answer a few questions...

[SouthernDem2004]

Lawyers and the local courts will not be open here for months. I know the laws change in Oct so I may need to file soon.


1) Do I have to file in my city or can I file in another city or state?

2) Do I have to have an attorney or can I file myself?

3) Can I file now and schedule the hearing in a few months?


Peace

[ronnykmarshall]

1. I would contact a lawyer.

I filed in 1993 and had lawyer.

BUT there may be a legal service that can help you.

I take it you're displaced from Katrina, yes?

There probably (I hope) going to be services available to help you out.

I'd do it ASAP.

Good luck. I know I did the right thing when I did it.

[SouthernDem2004]

3. No attorneys offices left. Our city has been destroyed.

[Horse with no Name]

5. Contact the New York Bar Association

They have a team of attorneys that are designated to specifically help the citizens of the flood areas with legal matters.

[ailsagirl]

2. Here are some links-- they may help

http://www.bankruptcylawfirms.com/Frequently-Asked-Questions-Bankruptcy-Law.cfm

http://www.bankruptcyaction.com/questions.htm

http://www.bankruptcyaction.com/

http://www.personal-bankruptcy-1.com/

http://www.sanjosebankruptcy.com/faq.asp

[wellstone dem]

4. I heard that the lawyers from LA were being given

permission to practice in TX. To me this would mean they can file bankrupty petitions, which are federal, in the federal district courts.

We need a move to delay the effective date of the new bankruptcy law (forever) at least until folks affected by the hurricaine can assess their finances.

[FloridaPat]

8. A congressman is working on that as we speak. I think it's Senator

Conyars.

[FloridaPat]

6. Here's some answers.

1. You can file anywhere.
2. Get an attorney. Or at least a paralegal. If you screw up the filing, they kick it back and you have to wait a certain period to refile.
3. You can file now. In about a month they tell you where to show up for the hearing.

These are based on Florida law. I went bankrupt in May.

[SouthernDem2004]

9. Thanks.

[Poppyseedman]

7. Several years ago, I considered filing bankruptcy.

I finally decided against it and it took me 7 years to fix my financial problems. Today I am debt free except for my home and car.

I contacted a friend, who actually was a lawyer and he told me bankruptcy is a last resort. It does affect you life negatively for about ten years or more.

[FloridaPat]

13. Credit wise, it's better than fighting the cc companies. It can't be used

against you when you apply for a job. And since you can't go bankrupt in another 5 years, it's easier to get credit after the bankruptcy then if you hadn't filed.

If you're unemployed, it's a good way to go.

[Poppyseedman]

16. What you say is true, but

if you are a professional looking for a job, a bankruptcy looks really bad. Every company does a credit check nowadays.

I know, I used to hire management personnel and a bankruptcy was a serious red flag.

[rzemanfl]

10. You have a serious problem, you have to live in a District for

91 days before you file. Unless the courts open there or at a temporary location or they make an exception for the disaster, you can see the problem, especially with the new law to take effect October 17th.

I am not current on this as I gave up practicing law 9 years ago, but I am pretty sure I am right on this.

I don't recommend you try to do it yourself, especially after October 17th.

[SouthernDem2004]

18. Thank you.

[rzemanfl]

20. Wish it were better news. Spoke to an attorney friend of mine

a few minutes ago, rule still is that you have to live in the district you file in for a longer portion of the preceeding 180 days than in any other district, which is a roundabout way of saying 91 days (although it could be I suppose 30, 30, 30, 30 and 60 or something like that although no one moves that much).

[philosophie_en_rose]

11. Contact a lawyer, but hurry up if you do.

Don't let the new laws bite you.

Most states have Volunteer Lawyer Programs. You might want to call or go to a workshop to learn more.

[SouthernDem2004]

12. Want to file Chapter 13. I can repay some debts but if my house

is not fully covered I am screwed. In that case I want to get rid of credit card debt, health bills and the mortgage.

I may not have to file. Depends on FEMA and the insurance company.

[FloridaPat]

15. Do you have an income? The house exemption is by state.

If you don't have an income, Chapter 13 is highly discouraged because you have to make payments on schedule. If you miss the schedule, you are taken out of chapter 13 and your are right back where you started before the bankruptcy.

But then it depends on if the house is covered.

But with chapter 7, your creditors may get your FEMA and insurance money.

[SouthernDem2004]

17. I definitely have an income. My wife and I both work. Hell, I am

working about 16 hours a day right now. I want to repay me debts but may need relief from credit cards and health bills. I maybe able to live with the mortgage if I have enough to rebuild the house.

[FloridaPat]

19. Yes, chapter 13. What you pay and how long depends on the income.

Length is 3 or 5 years. I think they go after 1/5 of what you owe.] - excluding mortgage.

Once you file, all creditors are stopped from collecting - including mortgage.

[blondeatlast]

14. Many lawyers are so swamped now they cant' take on new clients, but:

You don't necessarily need a lawyer. You can do most of it yourself (I've been there), but it might be wise to have a paralegal look over your paperwork if a lawyer isn't available. You can find paralegals operating independently in most cities; check the phone book.

Here's an incredibly good resource for DIY legal matters:

http://www.nolo.com/resource.cfm/catID/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/

They write user-friendly books and software. I can't recommend them enough--just excellent materials--and a bit of a lighthearted touch--you will aprreciate that.

Most public libraries will have their books and they are widely availble in bookstores.

Just remember to do this by October 17, when the new laws go into effect.

Good luck, my friend. There's a LOT of us who've been there, and everyone I have met has been hit with some sort of incredibly major hardship.

[AnnieBW]

21. Contact A Lawyer ASAP

Call your State's Bar Association and ask for references. Yes, it will cost you money up front, but it's more than worth it in the long run. I believe that you have to file in your state, but in Federal court. The hearing will be at least a month after your initial filing. If you file for Chapter 13, like I did, you will be assigned a trustee that you will make payments to. You have to keep current with your bills, or your creditors will be able to come after you.

Good luck. I've been there, and it's a hard road.