Lincoln, NE asked in Bankruptcy for Nebraska

Q: Do I need a bankruptcy lawyer?

$37,000 in credit card debt. Annual income is $30K. Fixed income. I'm a mortgage payer. Maybe $10K of equity in the house. I own a 1998 VW Jetta. Age 49, on SSDI, paying $10K in health costs annually.

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1 Lawyer Answer
Andrew Bresalier
Andrew Bresalier

A: A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car). Most attorneys provide a free initial consult and discuss these matters, along with the best chapter for you.

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