Costs to Declare Bankruptcy - Are You Aware of Your Options?


I am amazed at the number of people I hear say that they are too poor to file bankruptcy. Nothing can be further from the truth. Bankruptcy is intended to give you a fresh start by helping you to get rid of your oppressive debt. It hardly would seem wise for the government to create such a system only to have the people who need it the most to be unable to access it. Yes, there are costs to declare bankruptcy. However, you have options which prevent those costs from being a bar to the fresh start you so desperately need and the government says you should have.

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The two primary costs to declare bankruptcy are the filing fee and your attorney's fee. To file your case you will need right at $300.00. However, the District Judge will allow you to pay the fee in installments. You will most likely need to complete an application but typically these things are routinely granted. Seldom will you need to appear before a judge. But even if your district requires a court appearance, it is no big deal and you do not need an attorney to go with you. If you are really in desperate shape, then you can file a pauper's affidavit and if it is approved you will be allowed to file your petition without paying any fees.

As for an attorney, there are several services and products which allow you to file bankruptcy without an attorney. Some states, like California, allow paralegals or legal assistants to prepare the documents for you and charge you a reasonable fee for doing so. This fee needs to be disclosed to the court in your bankruptcy papers. There is also several online sites which will have you to complete a questionnaire and then the documents will be prepared for you which you can download, print out, sign, and file. And of course, if you are filing a Chapter 13 bankruptcy, then you can take up to three years to pay your attorney fees.

So you see, no one is ever too poor or too unfortunate to declare bankruptcy.


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