Athens, TN asked in Bankruptcy for Tennessee

Q: I would like to know if I'm able to and what it would cost to file Ch. 7 bankruptcy in TN.

I have between $20,000-$30,000 of debt and would like to know if I would be able to file Ch. 7 bankruptcy and around what would be the upfront fees, if I'm able. I filed Ch. 13 in 2015, but due to job loss, it was dismissed. I'm pretty sure none of it is secured debt. I didn't know if the filing and dismissal of the Ch 13 would hurt me on being able to file Ch 7 or not. I've never filed Ch 7 before. Had a car, that was financed in mine and my mother's name, but not only do I no longer have, but my mother has since passed, the rest is all unsecured debt. I would prefer not to use the same attorney that I did in my Ch 13. Just wondering if I would be able to file Ch 7 on everything I filed on Ch 13, things I forgot to file on even though almost a year later the Ch 13 was dismissed, what kind of upfront fees would I be looking at, if I'm able to file Ch 7, to get the ball rolling and a "guesstimation" or around the total cost of it all in a nutshell. I work weird hours is why I'm asking.

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2 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: You should be able to file a chapter 7 if your chapter 13 was dismissed. Chapter 7 is a complete discharge of your debts and a liquidation of assets - note that a lot of assets are protected, but only a local bankruptcy attorney can do a complete analysis and give you an accurate answer.

You will need to pay the entire fee upfront for a chapter 7 (or at least prior to filing). You may be able to find attorneys willing to give you a payment plan, but everything must be paid in full prior to filing. You will need to speak to an attorney about your situation before they quote you the cost, as it depends on your specific situation and the amount of work anticipated. A general ballpark would be $1200-$1800 for attorneys fees, plus court filing and other fees.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You should be able to file a chapter 7 depending on your income and assets. The prior chapter 13 filing will not prevent you from filing a 7. Guesstimation of costs is $1,500 to $2,000 total.

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