how to file for bankruptcy in indiana without a lawyer

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Do I need an attorney to file bankruptcy?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.

What advice will you give me if I file bankruptcy?

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. Advise you of the tax consequences of filing.

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.

What happens at a 341 meeting in Chapter 7 bankruptcy in Indiana?

Filing Chapter 7 in Indiana includes a process for creditors to seek payment on their claims from your bankruptcy estate that is automatic, so it rarely makes sense for them to ask you questions at your 341 meeting.

How much debt do you have to have to file bankruptcy in Indiana?

To file under Chapter 13, you will need to show that you have a steady income that will provide you with adequate funds to pay the necessary installments under your payment plan. You will also need to show that you have less than $419,275 in unsecured debt and less than $126 million in secured debt.

How do I file Chapter 7 bankruptcy without a lawyer in Indiana?

Collect Your Indiana Bankruptcy Documents. ... Take a Credit Counseling Course. ... Complete the Bankruptcy Forms. ... Get Your Filing Fee. ... Print Your Bankruptcy Forms. ... File Your Forms With the Indiana Bankruptcy Court. ... Mail Documents to Your Trustee. ... Take a Debtor Education Course.More items...•

How long does bankruptcy take in Indiana?

How long does the bankruptcy process take? In a Chapter 7 case, once the case is filed we will attend a meeting with the court approximately 30-45 days after the case is filed and the debts will be discharged approximately 60 days later …

What is the income limit for filing Chapter 7 in Indiana?

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 can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

What's the difference between Chapter 7 and Chapter 13 bankruptcy?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

Can you have an 800 credit score with a bankruptcy?

Many people are afraid of what bankruptcy will do to their credit score. Bankruptcy does hurt credit scores for a time, but so does accumulating debt....Bankruptcy Affects High Credit Scores More Than Low Credit Scores.ScoreAverage Drop in Credit ScoreExcellent (850-800)200 pointsVery Good (740-799)200 points3 more rows•Jun 30, 2021

Can I keep my car if I file Chapter 7 in Indiana?

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

Can I spend money after filing Chapter 7?

Frivolous spending after you file could put your case in jeopardy. Spending money willy-nilly after you file for bankruptcy could appear like fraud and upend your court ruling.

What can they take in Chapter 7?

A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.

What is considered disposable income in Chapter 7?

Disposable income is the amount that remains after subtracting allowed bankruptcy expenses from your monthly gross income. Your disposable income will determine whether you qualify to discharge (wipe out) debt in Chapter 7 or Chapter 13 bankruptcy.

Who can provide legal advice in bankruptcy?

Only an attorney can provide legal advice. Note: During the course of a bankruptcy case, bankruptcy court notices are mailed by the Bankruptcy Noticing Center (BNC) on behalf of the court. The BNC, which is operated by a private contractor, provides notice production and mailing services for the court, but the BNC is not the court.

Do corporations need an attorney to file for bankruptcy?

Corporations and partnerships must have an attorney to file a bankruptcy case.

How to file for bankruptcy in Indiana?

The most time consuming aspect of figuring out how to file bankruptcy in Indiana is collecting the documents you need to get started. Some of them will come in handy when preparing the forms you have to file with the court. You should get a copy of your credit report as that is a great starting point for collecting the names and addresses of everyone you owe money to. When your Indiana bankruptcy is filed, notice is provided to all of your creditors, so having their mailing information correct in your schedules is an important detail. Other documents you need to collect are your paycheck stubs from the last 6 months, your most recent federal income tax return, and title documents for your vehicles and real property, if any. Filing Chapter 7 in Indiana relieves you from the obligation to pay your unsecured debts, but in exchange for this relief you are expected to be forthcoming and truthful, and collecting all the necessary documents will make it much easier not to forget anything important.

What is Chapter 7 bankruptcy in Indiana?

Indiana Chapter 7 bankruptcy forms are a combination of lists, schedules and statements required to be filed in all bankruptcy cases across the country and certain local forms required by Indiana bankruptcy laws. The Southern District has prepared a Pro Se Packet, a comprehensive guide on what is needed, at minimum, to begin a case. Additionally, the Southern District provides you with a how-to guide for creating your creditors' mailing matrix that will be useful even if you are in the Northern District.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

What happens if you file Chapter 7 in Indiana?

That is why it is important that you understand your options when it comes to dealing with your car. If your vehicle is paid off, then Indiana bankruptcy laws provide you with a "wildcard" exemption to protect the value of your vehicle up to a certain amount. If you are still making payments on your car, you can choose whether to keep it or surrender it without fear of having to pay any balance left owing. In order to keep the car, you will either have to enter into a reaffirmation agreement and keep making the payments, or redeem the vehicle by paying its current value to the bank.

What is the Southern District of Indiana?

The Southern District of Indiana serves the 60 southernmost counties in the state and holds court in Evansville, Indianapolis, New Albany and Terre Haute. Since the next blizzard is never far off in Indiana, the Southern District also lists its policy on weather related closings on its website. If you are thinking about filing for Chapter 7 bankruptcy in Indiana without an attorney ("pro se"), make sure to check out the information about courthouse restrictions and courtroom etiquette the Southern District provides.

How long do you have to take credit counseling in Indiana?

The Bankruptcy Code requires that you complete a credit counseling course no more than 180 days before you file your Indiana bankruptcy case. This course has to be taken from one of the providers approved to offer it in your state and failure to do so can result in your case being thrown out of court.

What is the biggest cost of bankruptcy?

The biggest cost associated with a bankruptcy is attorneys fees . The first thing you have to determine is whether you need to file Chapter 13 to reorganize your household debts (or take advantage of Chapter 12 to restructure your family farm's finances).

How long does it take for creditors to stop bothering you after filing for bankruptcy in Indiana?

After Filing for Bankruptcy in Indiana. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors the notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

What is homestead exemption in Indiana?

Indiana's homestead exemption applies to residential property or tangible personal property (such as a mobile home) that constitutes your personal or family residence. As a result, a homestead in Indiana can include a home, condominium, trailer, or farm. Spouses who co-own a home can double the exemption amount.

Can you lose your car if you file Chapter 13?

So you could lose your home or car if you're behind when you file. Chapter 13 bankruptcy. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7.

Can you keep property in bankruptcy?

Exempt and nonexempt property. You can keep property protected by an exemption or "exempt" property. When a bankruptcy exemption doesn't cover the property, you'll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan. Choosing state or federal exemptions.

Can student loans go away in bankruptcy?

Nondischargeable debts, like domestic support arrearages and recent tax debt, won't go away in bankruptcy, and student loans aren't easy to wipe out (you'd have to win a separate lawsuit). You'll want to be sure that bankruptcy will discharge (get rid of) enough bills to make it worth your while.

Can spouses file for bankruptcy together?

Spouses filing together can double the exemption amount if both own the property unless noted otherwise. COVID-19 recovery rebate exemption. You might be able to protect stimulus payments, tax credits, and child credits in bankruptcy with the federal recovery rebate exemption.

What is bankruptcy in Indiana?

Bankruptcy is a tool established by the US Government to help struggling Americans find relief from overwhelming debt. You may want to consider filing bankruptcy if it’s best for you. Get Help Filing Bankruptcy in Indiana.

How does bankruptcy work?

It is initiated by an individual filing a Petition with their nearest bankruptcy court. The Petition can be filed by an individual or by spouses jointly.

What is a trustee in bankruptcy?

During a bankruptcy, a trustee is appointed to oversee the particulars of the matter. His or her responsibilities will vary and depend on whether the individual has filed for Chapter 7 or Chapter 13 bankruptcy. Did you know that Indiana ranks #6 in the nation for bankruptcy filings.

What happens to the assets in Chapter 7?

Chapter 7. The trustee of the bankruptcy will liquidate the assets, such as cars, homes, and other property of value in a Chapter 7 Bankruptcy proceeding , In exchange for dissolving all past due debts. The proceeds collected during liquidation will be used to repay debtors that were listed on the bankruptcy filing.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

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).

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.

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.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

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.

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.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

Indiana Is a Non-Community Property State

Community property laws make a difference when you’re considering filing for bankruptcy. In a state that practices community property, any money that is brought in—and the assets purchased with that money—is considered to be owned equally by both partners in the marriage, no matter who earns more or less.

What That Means for Your Case

The good news is that you can declare bankruptcy without needing to include your spouse. It’s important to note, though, that your spouse will still be responsible for repaying any of the debts you incurred together. In some cases, it might be in your best interest to file for bankruptcy together so you can double your exemptions.

Reach out to an Indiana Bankruptcy Lawyer

If you have further questions about how to move forward with your bankruptcy without your spouse, or if you need legal representation throughout the bankruptcy process, get in touch with an experienced Indiana bankruptcy lawyer at Rowdy G. Williams Law Firm.