Novato, CA asked in Bankruptcy for California

Q: I have no money I'm broke and no job. I need to file bk without a fee?

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3 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: You can make an application to the court to waive the fee. Must show severe hardship

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: The answer provided by Attorney Nachbar is correct. You would get the form and information at the bankruptcy clerk's office or may be able to find it online. I do, however, recommend that you seek assistance from a local public law center if there is one in your area and talk with a bankruptcy attorney about your case. Many bankruptcy attorneys offer no charge initial consultation. The bankruptcy clerk's office also might be able to direct you to attorneys that provide pro bono legal services.

Michael Francis Barrett agrees with this answer

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You could use a document preparer. I think they are capped at $125 by law. The court also charges $335 and you have to take 2 counseling classes at around $15 each. You might be able to get a waiver of the court charges. You also must realize that a "document preparer" is not an attorney and cannot give you legal advice. They also will not come to court with you so you are basically on your own. That is pretty risky in my opinion. We allow our clients to get on an affordable payment plan and when they are done paying we can file even it's a year or more later. While our clients are paying us we also take the creditor calls so you can live peacefully while making the small payments. That is the better course of action since legal advice in Bankruptcy matters is important. Good luck to you whichever way you go. TED

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