how to file bankruptcy in pa without a lawyer

How To File Bankruptcy for Free in Pennsylvania

• Collect Your Pennsylvania Bankruptcy Documents
• Take a Credit Counseling Course
• Complete the Bankruptcy Forms
• Get Your Filing Fee
• Print Your Bankruptcy Forms
• File Your Forms With the Pennsylvania Bankruptcy Court
• Mail Documents to Your Trustee
• Take a Debtor Education Course
• Attend Your 341 Meeting
• Dealing with Your Car

Full Answer

Can I file bankruptcy without a lawyer?

But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases). While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

How to file Chapter 7 bankruptcy in PA for free?

How to File Bankruptcy in Pennsylvania for Free. 1 Collect Your Pennsylvania Bankruptcy Documents. In order to file a Chapter 7 bankruptcy in Pennsylvania, you’ll need to gather your financial ... 2 Take Credit Counseling. 3 Complete the Bankruptcy Forms. 4 Get Your Filing Fee. 5 Print Your Bankruptcy Forms. More items

Can a non-attorney petition preparer help me file bankruptcy?

You should check your court’s website before filing any documents. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

How can a bankruptcy lawyer help me?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged.

How do I file bankruptcy myself in PA?

Steps in a Pennsylvania Bankruptcylearn about Chapters 7 and 13.check whether bankruptcy will erase debt.find out if you can keep property.determine whether you qualify.consider hiring a bankruptcy lawyer.stop paying qualifying debts.gather necessary financial documents.take a credit counseling course.More items...

How much does it cost to file bankruptcy in the state of Pennsylvania?

What does it cost to file for bankruptcy? It now costs $335 to file a Chapter 7 bankruptcy and $310 to file a Chapter 13 bankruptcy, whether for one person or a married couple. The court may allow you to pay the filing fee in installments if you cannot pay it all at once.

Do you get out of all debts if you declare bankruptcy?

Bankruptcy Can Wipe Out Credit Card Debt and Most Other Nonpriority Unsecured Debts. Bankruptcy is very good at erasing most nonpriority unsecured debts other than school loans. For instance, you can discharge unsecured credit card debt, medical bills, overdue utility payments, personal loans, gym contracts, and more.

What Cannot be wiped out by bankruptcy?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What is the income limit for Chapter 7 in PA?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

Does Chapter 7 wipe out all debt?

Unsecured debts wiped out by Chapter 7 bankruptcy include credit card debt, medical bills, and gasoline card debt. However, you can't wipe out all unsecured debt.

Which is better Chapter 7 or Chapter 13?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

What type of debt is not forgiven in straight bankruptcy?

The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.

What type of debt doesn't go away?

Credit card debt. Medical bills (Studies show about 62% of bankruptcies are linked to medical debt) Overdue bills turned over to collection agencies. Personal loans.

What to do if you don't have money to file bankruptcy?

If you don’t have the money to file bankruptcy right away, there are good lawyers who will give you time to make payments if you are filing a Chapter 7 Bankruptcy while starting to work for you right away, or who will file a Chapter 13 Bankruptcy even if you have little money to pay prior to filing. A knowledgeable Consumer Bankruptcy lawyer knows you don’t have a lot of money and will offer a free consultation. He or she can also help you figure out how to file Bankruptcy and what to do financially.

How many people fail to get discharged from Chapter 13?

When people try to file Chapter 13 on their own, 98% fail to get a discharge of their debts.

What is the meeting of creditors in Chapter 7?

When you file a Bankruptcy you need to appear before the trustee at your mandatory section 341 meeting of creditors whether your bankruptcy is filed under Chapter 7 or Chapter 13. At the meeting of creditors, the trustee will examine your paperwork to make sure that every form has been properly completed, and all required documentation has been supplied.

Can you lose everything in bankruptcy?

An improperly filed bankruptcy can cause a person to lose everything that he or she owns whereas a bankruptcy filed with an experienced bankruptcy lawyer will in many cases just cause you to lose all of your debts.

Can you file bankruptcy on your own?

A person filed bankruptcy on their own and chose to file under Chapter 7 instead of Chapter 13. The individual was in foreclosure and wanted to get caught up on the mortgage and the car payments. Since the person chose Chapter 7, the full arrears on the mortgage had to be paid up to date immediately. The right approach would have been to file Chapter 13 and set up the Chapter 13 plan to protect the home by repaying the missed mortgage payments and auto loan payments.

What do you need to pay for bankruptcy?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

Why download bankruptcy forms?

Download the bankruptcy forms package to save the time and stress involved in tracking down the necessary materials. The packages are inexpensive and provide you with all the forms you need to file for Chapter 7 bankruptcy in your state.

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

What to do if you fail to report a debt?

You'll need all three reports because creditors don't typically report to every bureau. If you fail to report a debt, it won't be discharged in bankruptcy. Next, you'll have to complete a credit counseling and financial literacy course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

What assets are liquidated in Chapter 7 bankruptcy?

In exchange for dissolving all past due debts, the trustee of the bankruptcy will liquidate the assets, such as cars, homes, and other property of value in a Chapter 7 Bankruptcy proceeding.

How long can you keep assets in Chapter 13?

You will be allowed to keep your valuable assets over a 3- to 5-year time frame.

How long does a bankruptcy meeting last in Pennsylvania?

The meeting of creditors typically lasts about five minutes. You will receive notice of the location of the meeting but you may contact the court to confirm the address and time. (see Pennsylvania Bankruptcy Court Directory) Most Chapter 7 filings involve no non-exempt assets, however, if you filed for Chapter 7 and do have non-exempt assets, you will have to turn over non-exempt property (or its fair market value in cash) to the trustee after the meeting. The trustee will sell this property and distribute the proceeds to your creditors. If the property isn’t worth a great deal or would be hard to sell, the trustee may decide to abandon the property (and return it to you). Trustees and creditors have 60 days to challenge the debtor’s right to a discharge. If there are no challenges, you will receive a notice from the court that your dischargeable debts have been discharged within three to six months.

What is the job of a bankruptcy trustee in Pennsylvania?

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.

What are the requirements for a Chapter 7 bankruptcy repayment plan?

In addition to the general requirements listed above, the repayment plan must pass each of the following three tests: 1) It must be delivered in good faith. 2) Unsecured creditors must be paid at least as much as if a Chapter 7 bankruptcy had been filed.

What is automatic stay in bankruptcy?

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.

How much does it cost to file for bankruptcy?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived. If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted.

How long does a trustee have to challenge a debtor?

Trustees and creditors have 60 days to challenge the debtor’s right to a discharge.

How long do you have to pay into a Chapter 13?

3) All disposable income must be paid into the plan for at least three years (you may use up to five years in order to meet the second test that you pay at least as much as in a Chapter 7). If you have filed Chapter 13, you must begin making your plan payments.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Is bankruptcy free to the public?

Bankruptcy Forms are available to the public free of charge.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Is Bankruptcy Better Than Debt Settlement

Determining how to handle your debts is not an easy decision. It is essential to evaluate each option carefully to ensure that you choose the best option. The surest way to achieve this goal is to seek the guidance of a legal expert who knows the pros and cons of debt settlement and bankruptcy.

How Much Does It Really Cost To File Bankruptcy

If you’re thinking about going it alone, you’re probably pretty strapped for cash, and you’re worried that you won’t be able to come up with the funds to hire someone to help you. To some extent, legal representation can indeed be costly. To get quality representation, like most things, you’ll need to pay for it.

Typical Steps In The Chapter 7 Bankruptcy Process

Get mandatory credit counseling. You must receive credit counseling during the six-month period prior to filing for Chapter 7 bankruptcy.

Liquidation Requirements For Chapter 7 Bankruptcy

Chapter 7 bankruptcy is also known as liquidation bankruptcy. In Chapter 7, the borrower may be required to sell certain assets as a requirement of the case. Fortunately, not all of a debtorâs assets will be subjected to liquidation by the bankruptcy court. Florida bankruptcy law provides exemptions for many of the assets a debtor might own.

How To File Bankruptcy Without A Lawyer In Pa

The court provides a detailed Chapter 7 checklist online, but here are the steps you will need to take to file a bankruptcy case in Pennsylvania pro se:

Filing And First Meeting Of Creditors

Once you have completed your pleadings, the documents must be filed in the office of the Clerk of the Bankruptcy Court. Shortly thereafter, a Trustee will be assigned to your Case and a Hearing in front of the Trustee will be scheduled.

Approval Process For Credit Counseling And Debtor Education Courses

In Alabama and North Carolina, the bankruptcy administrator approves credit counseling and debtor education providers. Lists of approved providers for the six judicial districts in Alabama and North Carolina are maintained by the bankruptcy administrator for that district or bankruptcy court.