A good bankruptcy lawyer is a great resource whenever considering filing for Chapter 7. Unfortunately, many low-income Nephi residents who need a fresh start cannot afford the $1,500 that it often costs to hire an attorney. First, you need to know whether you need to file for bankruptcy. You may not need to file bankruptcy. Chapter 7 bankruptcy is a very effective tool for erasing credit card bills and medical debt. But you can only be using it once every 8 years. So it often doesn’t make sense to file unless you know that you’re going to be able to discharge a significant amount of debt, at least $10,000. And you’re confident that all of our property is protected by exemptions. If not, you should diligently explore alternatives to Chapter 7. That said, filers in 96% of Chapter 7 cases get to keep everything they own. And research shows that waiting to file for bankruptcy too long can be very hazardous to people’s finances. If you prefer to get help of an attorney in your bankruptcy case, you can find listings of local bankruptcy lawyers from the National Association of Consumer Bankruptcy Attorneys. A good bankruptcy lawyer should be able to advise you on how to maximize the economic value of your bankruptcy filing. On the other hand, if you simply have too much credit card debt you may be able to do it yourself. And if are very low-income, you may also be able to get help from a legal aid organization in your area.
How to File Bankruptcy in Nephi
• Collect Your Documents: Before getting started, you need to collect all your financial documents so you understand the current state of your finances. First, you need to obtain a copy of your credit report from Experian, Transunion, or Equifax to learn how much debt you owe. You can obtain your credit report from all three at AnnualCreditReport.com. Some of your debts may not be listed on your credit report, like medical bills, personal loans, or tax debts. Make a list of any missing debts as you will need to list all of them on your bankruptcy forms.
In addition to your credit report, you will need the following documents:
Tax returns for the past 2 years
Pay stubs or other proof of your income for the last 6 months
Recent bank account statements
Recent retirement account or brokerage account statements
Valuations or appraisals of any real estate you own
Copies of vehicle registration
Any Other Documents relating to Your Assets, Debts, or Income.
Having these documents next to you will help you get an accurate picture of your finances.
• Take Credit Counseling: An important first step to the bankruptcy process is credit counseling. Everyone who files for bankruptcy is required to take a credit counseling course that is approved by the Department of Justice. Credit counseling courses like this one give you an idea of whether you really need to file for bankruptcy or whether you could get back on your feet through some type of informal repayment plan. You will provide the credit counseling agency with your income and expenses. Together, you will review the options for repaying the debt, like debt consolidation, or debt settlement. In many cases, this exercise only confirms that you don’t have any feasible options for addressing the debt other than bankruptcy. But it’s a valuable exercise even still. The course takes at least one hour and can be completed online or by telephone. The course fee ranges from $10 to $50, depending on the provider. But if your household income is under 150% of the federal poverty line, you should be able to get this fee waived. Once you complete the course, you will receive a certificate of completion. Keep it. You will need to give a copy of this certificate to the court when you file your bankruptcy forms.
• Complete the Bankruptcy Forms: This is the most time-consuming step. The Bankruptcy Forms include 23 separate forms totalling roughly 70 pages. The forms ask you about everything you make, spend, own and owe. If you download and print out the forms online, you will have to enter repetitive data and make lots of math calculations. So if you’re not able to hire a lawyer, you probably want to buy a bankruptcy software program.
• Get Your Filing Fee: Filing for Chapter 7 bankruptcy normally requires a $335 filing fee, which must be paid to the court in person in exact change. If you don’t have the funds to pay the filing fee now, you can complete a special form, asking to pay your fee in installments. You can ask to pay the $335 fee in up to 4 payments within 120 days of your filing date. If paying in installments isn’t even possible, you can submit another form to apply for a fee waiver. To qualify, your total household income must be under 150% of the federal poverty line. The court will decide whether you get a fee waiver after you file. If your application is denied, the court will order you to pay the fee in installments.
• Print Your Bankruptcy Forms and Bring them To Court: Once you have prepared your bankruptcy forms, you will need to print them out for the court. You must print them single-sided. The court won’t accept double-sided pages. You will also need to sign the forms once they are printed. Most bankruptcy courts require just 1 copy of the petition, but some courts like the bankruptcy court in Manhattan require 4 copies. So call your local bankruptcy court to find out how many copies you will need to bring.
• Go to Court to File Your Forms: It’s now time to bring the bankruptcy forms and your Course 1 certificate to the court to file them. The court is open from Monday through Friday excluding federal holidays during normal business hours. Call ahead of time if you want to know when it is open. If you have questions about how to get to the court, you can call the court staff. Once you enter the doors of the court house, you will be greeted by security guards, who will ask you to pass through a metal detector. Once you pass security, you will go to the clerk’s office. And you will tell the clerk, “I’d like to file for bankruptcy.” You’ll hand the Clerk your bankruptcy forms, along with your filing fee of $335 in exact change. Or if you are filing a fee waiver or installment plan, you hand the clerk the fee waiver form or fee installment form instead of the cash. The clerk will take your bankruptcy forms and ask you to take a seat in their waiting room. It shouldn’t take long for the clerk long to process your case – about 15 minutes. During this time, they will scan your forms and upload them to the court’s online filing system. As soon as they are done processing your forms, the clerk will call you back to the front desk. The clerk will give you:
• Your bankruptcy case number
• The name of your bankruptcy trustee
• The date, time, and location of your meeting with your trustee (this is called the “Meeting of Creditors” or “341 Meeting”)
At this point, your case has been filed! Congrats! Something very important has just happened. Your debt collectors are now legally prohibited by bankruptcy’s Automatic Stay from contacting you to collect your debts, from garnishing your wages, or foreclosing on your property. This lasts until the end of your bankruptcy case, at which point most, if not all, of your debts will hopefully be erased.
• Mail Documents to Your Trustee: The bankruptcy trustee is a official appointed by the court to oversee your case. Pay attention to mail you receive from the trustee after filing. The trustee will send you a letter asking you to mail them certain financial documents, like tax returns, pay stubs, and bank statements. If you don’t mail the trustee the requested documents, you will not get a discharge of your debts.
• Take Bankruptcy Course: As soon as possible after filing your bankruptcy forms, you also need to take your second mandatory bankruptcy course. The second course, called the Debtor Education Course, is similar to the credit counseling course. But it is designed to educate you on making smart financial choices so that you won’t have to seek bankruptcy relief in the future. Course 2 can be completed online or by phone and takes at least 2 hours to complete. The fee for the course ranges from $10-$50. But the fee may be waived if your household income is under 150% of the federal poverty level. If you don’t complete the course, you will not obtain a fresh start. So make sure to complete the course as soon as possible after filing.
• Attend Your 341 Meeting: Finally, you need to attend your 341 meeting. The location of the 341 Meeting depends on where you filed your bankruptcy case. Usually, the 341 Meeting takes place about a month after filing. The main purpose of the 341 Meeting is to ensure that you are not hiding any expensive assets that should be distributed to creditors. If your papers were done correctly, you should have no trouble answering the questions. Most meetings last only about 5 minutes. Creditors are allowed to attend, although they almost never do. You must bring your government-issued ID and social security card to the meeting. If you don’t bring them, the trustee cannot verify your identity and the meeting cannot go forward. You should also bring a copy of your bankruptcy forms to the meeting, along with your last 60 days of pay stubs, your recent bank statements, and any other documents that your trustee has asked for. In most cases, the trustee “closes” the case at the end of the meeting. In that case, unless something very unusual happens, you get a letter two months later from the Court stating that your debts have been discharged.
• Optional – Dealing with Your Car: Finally, there’s an additional step in the bankruptcy process if you own a car with outstanding debt. If you want to surrender the car to the lender, the lender will file a motion with the bankruptcy court to ask permission to retake the car. Alternatively, you might choose to keep the car by “reaffirming” the car debt and continuing making payments on it. In that case, your lender would normally send you a reaffirmation agreement that you would need to sign and return within 45 days after your 341 meeting. The lender would then file the signed reaffirmation agreement with the court for approval. If the judge approves your reaffirmation, you would get a notice of reaffirmation along with your discharge. And you would be able to keep the vehicle as long as you stay current on your payments. Finally, you may also have chosen “redeem” the car by buying it back from the lender in one lump sum, usually obtained from a lender like 722redemption.com. If you chose redemption, you will be required to filing a motion in the bankruptcy case.
Below are some of the guidelines that legal aids use to see if you’re eligible.
If you think you may qualify for free legal aid help, you should call your local legal aid organization rather than guess whether you qualify for free help or not. Most legal aid organizations require you to be income eligible. This means that they can only assist you if you make less than a certain amount of money. Although it varies, most legal aids help people below 200% of the poverty line or below 125% of the poverty line.
• At 200%, that is about $24,280 for an individual or $50,200 for a family of four.
• At 125%, that is about $15,175/year for an individual and $31,375/year for a family of four.
Meet the Other Requirements
Sometimes there are other requirements in addition to how much you make. These requirements may be that you:
• are a United States citizen
• do not own over a certain amount of assets
• have a certain amount of debt
Exceptions to the Legal Aid Requirements
It’s possible that you can be eligible to get help from legal aid even if you don’t meet any of the above requirements. This usually happens if you’re a member of a certain group of people. For example, legal aid often have specific services for military veterans, senior citizens, or if you are living with certain medical conditions. The best way to find out whether you can get help is to just call and speak to someone directly.
Getting help from a legal aid organization is a great option if you need guidance but can’t afford an attorney. That said, there are some things that might impact your experience with legal aid. It’s important to keep in mind that, although they offer assistance for a variety of legal needs, many legal aid organizations don’t do bankruptcy. And, if they do, there might be a waiting list to receive assistance. Because legal aid organizations offer face-to-face contact with a lawyer, it takes longer for them to help each client. Because of this, it’s important to know what your timeline looks like and how long you are able to wait before getting relief. Even if legal aid does offer bankruptcy assistance, as we mentioned above, you would still need to qualify for help based on the criteria mentioned above. These limits in legal aid’s ability to provide service to people in need sometimes complicate things if you need straightforward bankruptcy help.
Free Consultations with Bankruptcy Attorneys
If you’re still feeling unsure about your case and circumstances, it may be worth taking advantage of free consultations many lawyers offer.
Filing for bankruptcy in Nephi takes some careful preparation. Hiring a good bankruptcy attorney is the most convenient way to file.
Nephi Utah Bankruptcy Lawyer
When you need legal help with bankruptcy in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506