Chapter 7 | Chapter 13 | |
---|---|---|
Filing fees | $338 | $313 |
Attorney fees* | $500 - $3,500 | $1,500 - $6,000 |
Total | $838 - $3,838 | $1,813 - $6,313 |
Filing Chapter 7 in Connecticut comes with a $338 court filing fee. This fee is due when you bring your forms to the courthouse for filing and you can only pay it in cash or as a money order in the exact amount due. If this presents a hardship, and you do not qualify to have your court filing fee waived for your bankruptcy case, just remember this means that you are doing better financially than those who do get approved for a waiver. Then, prepare to ask the court to pay the fee for filing Chapter 7 in Connecticut in installments. This allows you to get the protections of the Connecticut bankruptcy laws now, while giving you up to 4 months to pay the court fee. If you go this route, be aware that failure to make a single payment can result in your case being thrown out. Plan on making each payment on time (or early).
Connecticut Bankruptcy Exemptions. If you have lived in the Constitution State at least 2 years before you file your Chapter 7 bankruptcy in Connecticut, you can choose to protect your assets either using federal bankruptcy exemptions or Connecticut bankruptcy exemptions.
In order to get a discharge in your Chapter 7 bankruptcy in Connecticut, you have to take the second bankruptcy course. Congress added this requirement to the bankruptcy laws in 2005 with the hope that requiring everyone take a course on financial management will help debtors make the most of their fresh start. As before, it is important that you only take this course from an approved provider; otherwise, it will not satisfy the requirement. Once done, a certificate of completion has to be filed with the court, so there is an official record that you completed this requirement. Someone filing bankruptcy in Connecticut without an attorney ("pro se") can actually file the certificate online themselves, thereby avoiding another trip to the courthouse.
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The trustee is an independent contractor for the Department of Justice, and it's their job to make sure that creditors get what they are due, although more often than not , creditors don't get anything . One of the documents the trustee needs to review is your federal income tax return from the prior year.
The 341 meeting, also called a creditors' meeting, sounds really scary, but it really is nothing to be worried about. It's primarily an opportunity for your trustee to check your identity and ask you some questions that everyone filing bankruptcy in Connecticut has to answer. Creditors can appear and ask questions as well, but that hardly ever happens. Everyone who is in a Chapter 7 bankruptcy in Connecticut will have to attend their creditors meeting either in New Haven or Hartford. In other words, even if your case is assigned to the Bridgeport division, you will have to make your way to New Haven for the creditors meeting when filing Chapter 7 in Connecticut. Preparing for the 341 meeting is relatively straight forward, as the most important parts are (1) showing up on time, and (2) bringing a government issued picture ID and acceptable proof of your social security number. The questions you will be asked are about your life, specifically, your financial situation, so just take a deep breath and simply tell the truth. If you don't understand a specific question the trustee is asking you, it is totally okay to ask them to clarify or rephrase it. They would much rather take a minute to do that, than get the wrong answer to a confusing question.
It's difficult making ends meet in this state. The high cost of living in Connecticut is really putting the squeeze on the good people that live here. But there is a way to make your financial situation a whole lot better. If you are drowning in debt, with nothing left over at the end of the month for the kids, retirement, vacation, college tuition, or just yourself, then it's time to break the chains of unsecured debt that make life miserable, that prevent you from saving for you and your family's future, that constantly put you behind the financial eight ball!
Chapter 7 bankruptcy allows you to 100% discharge all of your old unsecured debts, with certain exceptions, walk away from homes that are upside down and have become financially unaffordable, get rid of most lawsuits, wage garnishments, payday and personal loans, and the constant harassment by debt collectors.
Once you have filed your paperwork with the bankruptcy court, an automatic stay immediately goes into effect. This provision prevents creditors from making direct contact with you or staking a claim on any of your property from the day of filing forward. This will stop any foreclosure proceedings. Bankruptcy Trustee.
Automatic Stay. Once you have filed your paperwork with the bankruptcy court, an automatic stay immediately goes into effect. This provision prevents creditors from making direct contact with you or staking a claim on any of your property from the day of filing forward. This will stop any foreclosure proceedings.
If you have filed Chapter 13, you must begin making your plan payments. Generally these payments will be withdrawn directly from your wages and you or your attorney should arrange with the court for these payments to be deducted from your wages . Automatic Stay.
A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible. This person will thoroughly review your paperwork, particularly the assets you have in your possession and the exemptions you wish to claim, and can challenge any element of your case.
341 Meeting of Creditors. Approximately a month after filing, the trustee will call a first meeting of creditors, which the debtor must attend. This proceeding is also referred to as the § 341 meeting, named after the corresponding section of the bankruptcy code.
Fee structure: Many lawyers will charge a flat rate when taking on a bankruptcy case. This is especially true in cases for Chapter 7 bankruptcy. This means that a client will have a general idea of how much a bankruptcy lawyer’s services will cost. It also means that the client will likely need to pay a portion of the flat fee upfront.
An experienced bankruptcy lawyer can assist you in weighing the risks and benefits of filing for bankruptcy, and can help you in selecting the proper chapter of bankruptcy based on your personal circumstances. They can also aid you in drafting and filing the legal documents required to file for bankruptcy in court.
The primary goal of bankruptcy is to restructure and manage a person’s overwhelming debts. In some cases, such as those for Chapter 7 bankruptcy, the purpose may shift to partially reducing or entirely eliminating such debts. Bankruptcy attorneys can provide a wide range of legal services to help their clients achieve these goals. Some examples of what a bankruptcy attorney does on a regular basis can include: 1 Ensuring that the client understands what bankruptcy is, how filing for bankruptcy will personally affect them and/or their business, and that they know what their legal obligations are if their petition for bankruptcy is approved by the court. 2 Making sure that the client complies with all the laws and procedural requirements associated with the bankruptcy process, such as attending the mandatory credit counseling courses and the 341 meeting of the creditors. 3 Gathering, drafting, and reviewing all documents and any evidence pertaining to the bankruptcy matter. 4 Offering legal counsel on any questions or concerns that a client has prior to, during, and/or after the bankruptcy petition is filed. 5 Explaining the rights and protections that a client has under the relevant bankruptcy laws. 6 Assisting the client with further bankruptcy issues, such as resolving disputes with creditors, converting their case to a different chapter of bankruptcy if necessary, and stopping creditors from harassing them after they declare bankruptcy.