Oakland, CA asked in Bankruptcy for California

Q: How do people pay for bankruptcy attorneys if they're already in so much debt?

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4 Lawyer Answers

Theodore Allan Greene

Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned. They can't give legal advice and do NOT go to court with you. I have seen some poor folks in court about to lose the equity in their house because they used a document preparer who was no where to be found... So be careful whatever you do!

Peter Maurice Lively agrees with this answer

Ronald Holland

Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: Most people that find they are in a significant amount of unsecured debt, such as credit cards, have income. Over time, charging and making the minimum payment, with perhaps a few late charges here and there, will cause the amount of the debt, and the minimum monthly payment to increase to the point where it is difficult or impossible to pay.

By the time people decide to file for bankruptcy, many have already stopped making payments. As long as charges aren't made prior to the bankruptcy where the person knows that they aren't going to repay the debt, not making payments for a time will normally not cause a problem. other than phone calls from the creditors.

The money previously used to make those high-interest payments can be used to hire an experienced bankruptcy attorney for advice and ultimately for filing the bankruptcy.

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Paying the attorney should be the first priority if you’re filing bankruptcy. Since you shouldn’t be paying your debts if filing, you need to squeeze out enough money to pay to the attorney. The attorney is the best movie you will ever spend.

Harlene Miller

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

A: I agree with my colleagues comments. In addition, if you have absolutely no ability to pay due to no income - you may want to seek assistance from a public law center for a no fee or very low fee bankruptcy. Check in your area.

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