how to file for bankruptcy in porter county indiana without a lawyer

Only attorneys can file bankruptcies electronically in the Northern District. But the Southern District has an Electronic Self-Representation (eSR) filing system for individuals filing without an attorney, also called pro se filers. Depending on which district you’re filing in, you may be able to file by mail, in person, or by drop box.

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Can a Hoosier file bankruptcy?

The important thing to remember is that a Hoosier's ability to seek relief under the nation's bankruptcy laws goes back all the way to the U.S. Constitution. While no one thinks it's fun to seek the bankruptcy protections available pursuant to Indiana bankruptcy laws, they are there to help you take care of yourself and your family.

How do I file a protective order in Indiana?

Persons who want to file a protective order with the court can save the time and expense of waiting at the Clerk's Office and filling in the paperwork by printing out the form on the Indiana Judiciary website.

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:

What happens if you don’t have money to file 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).

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).

What is the role of a non-attorney petition preparer?

The role of non-attorney petition preparers is solely to type information on bankruptcy forms. They are barred by law from providing legal advice -- they cannot explain how to answer legal questions or assist in bankruptcy court.

Can I file for bankruptcy without an attorney?

Filing Without an Attorney. CAUTION: It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical and a misstep may affect your rights. Further, bankruptcy has long-term financial and legal consequences - hiring a competent attorney is strongly recommended.

Do petition preparers have to sign documents?

Petition preparers must sign all documents they prepare; print their name, address, and social security number on such documents; and furnish copies to you. They cannot sign a document on your behalf or receive payment from you for court fees. Find an Attorney or Free Legal Assistance.

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).

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.

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.

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 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 long can you keep assets in Chapter 13?

The individual will be allowed to retain his or her valuable assets over a 3- to 5-year time frame.

Do I need a lawyer to file for bankruptcy?

Current bankruptcy laws do not require individuals to hire a lawyer to declare bankruptcy relief. People are permitted to represent him or herself as a pro se debtor. You will simply contact the local bankruptcy court and obtain all forms and requirements directly through them. Going it alone is not an easy task.

Can a petition be filed by an individual?

The Petition can be filed by an individual or by spouses jointly. When the bankruptcy is over, the filer will ‘exit’ and will have a chance for a fresh start on their finances. During a bankruptcy, a trustee is appointed to oversee the particulars of the matter.

Complaints About an Attorney

The Indiana Disciplinary Commission has posted the necessary form to file a grievance against an attorney online (PDF).

Protective Order Forms

Persons who want to file a protective order with the court can save the time and expense of waiting at the Clerk's Office and filling in the paperwork by printing out the form on the Indiana Judiciary website.

Notice Bankruptcy Judge Position

The Judicial Council of the Seventh Circuit is seeking applicants for a bankruptcy judge position for the United States District Court for the Northern District of lndiana headquartered in Hammond. Applicants must also be willing to travel to other locations in the Seventh Circuit to handle cases as need arises.

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.