Washington Bankruptcy
Bankruptcy is a very serious matter that requires a great deal of forethought and planning. Thus, before filing for bankruptcy, it is important that a debtor take the following steps to prepare: Compile financial records: Compile a list of property, debts, assets, income, liabilities, and expenses. Keep in mind that debts, such as federal ...
What’s the Cheapest Way to File Bankruptcy?
Technically, a divorce in Washington State can be finalized 90 days after the Petition for Dissolution of Marriage is filed and is signed by both spouses (or is signed by one spouse and served to the other spouse). However, many divorces take longer than 90 days to finalize due to a number of different factors.
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.
You'll qualify for Chapter 7 bankruptcy if your family's gross income is lower than the median income for the same size family in your state. Add all gross income earned during the last six months and multiply it by two.
In short, the answer is no. When you file for bankruptcy you must include every debt and every asset you have. As a matter of fact, providing the bankruptcy court with an incomplete petition when you file could result in dismissal of your case.
By definition, a bankrupt or an insolvent person is the one who is unable to pay his debts. However, you can file an insolvency petition only if your liabilities exceed your assets, making it impossible for you to pay the debt. Hence, this option is not open to all the people who are in debt.
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.
Filing for bankruptcy can negatively impact your immediate financial future. Obtaining credit after filing for bankruptcy could mean increased interest rates. Obtaining credit after filing for bankruptcy might require security deposits.
What debts aren't affected? Declaring bankruptcy won't wipe out all debts and some types of debt will survive the bankruptcy. In other words, if you declare yourself bankrupt, you will still be required to pay: court-ordered penalties and fines.
You must list all debts on your Chapter 7 bankruptcy schedules without exception—even if you think they won't get wiped out by your discharge. If you leave off a debt, you run the risk of remaining responsible for it.
Generally speaking, in a Chapter 7 proceeding, the following types of debts are not discharged:Debts that were not listed at the start of the case (or debts for unlisted creditors). ... Most student loans (unless repayment would cause the debtor and their dependents undue hardship)Recent federal, state, and local taxes.More items...•
Bankruptcies are considered negative information on your credit report, and can affect how future lenders view you. Seeing a bankruptcy on your credit file may prompt creditors to decline extending you credit or to offer you higher interest rates and less favorable terms if they do decide to give you credit.
Bankruptcy will have a devastating impact on your credit health. The exact effects will vary. But according to top scoring model FICO, filing for bankruptcy can send a good credit score of 700 or above plummeting by at least 200 points. If your score is a bit lower—around 680—you can lose between 130 and 150 points.
90 daysLet's Summarize... If possible, 90 days before filing is the time to stop using your credit cards once you know that you're going to file Chapter 7 bankruptcy. You can't max out credit cards before bankruptcy just because you're about to file.
Financial Forms. Bankruptcy; Garnishment; Order of Default; Small Claims; Notes on Usage and exemption amounts. Back to Forms Home. Bankruptcy Bankruptcy
Publication Name Download ; U.S. Bankruptcy Courts - Business and Nonbusiness Cases Filed, by Chapter of the Bankruptcy Code
Will Filing Bankruptcy in Washington State Erase My Debts? Bankruptcy wipes out many bills, like credit card balances, overdue utility payments, medical bills, personal loans, and more.You can even get rid of a mortgage or car payment if you're willing to give up the house or car that secures the debt.
The bankruptcy system is governed by federal law. However, where you live does play a role in some aspects of bankruptcy. Here you'll find information important to filing for bankruptcy in Washington, including:
About Bankruptcy Filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity. All bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankruptcy Code.
The bankruptcy process falls under federal law, not Washington state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.
Most people find it worthwhile to get counsel. A bankruptcy attorney will help you: 1 qualify for the chapter of your choice 2 determine when it's time to file 3 help you keep the property you want 4 make sure you don't run afoul of fraud or other issues, and 5 explain when you can stop paying the bills you'll erase in your case.
After Filing for Bankruptcy in Washington State. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:
Individual filers must take two financial courses—one before filing and another before receiving a discharge (debt forgiveness). Approved providers are listed under "Credit Counseling & Debtor Education" on the U.S. Trustee's website (be sure to scroll down to your district).
Most people file either Chapter 7 or Chapter 13. If you don't know the differences between the two, you're not alone. The short explanation below and our handy Chapter 7 versus 13 chart will help clear things up.
Exempt your property carefully. The bankruptcy trustee —the court-appointed official assigned to manage your case—will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.
Facing financial challenges is a part of life. But if you're one of the millions struggling financially due to COVID-19 or another event, bankruptcy can help. Here, you'll find:
The purpose of the Filing Without and Attorney section is to provide the pro se filer, (someone who represents himself or herself without a lawyer), with access to some information about the bankruptcy process and information about local procedures that you must know.
A proof of claim may be filed by an individual, corporate entity, or partnership with or without an attorney. There are many complicated issues that may come up in a bankruptcy case, individuals may wish to hire an attorney who is allowed to practice in this bankruptcy court.
Individuals appearing as debtors (including husbands and wives filing jointly), creditors or other interested parties before this court do not have to be represented by an attorney but they are still required to comply with all laws, rules, and procedures.
An individual may represent him or herself in bankruptcy court without an attorney. But a corporate entity or partnership may not appear in bankruptcy court without an attorney, and if a corporate entity or partnership attempts to file a bankruptcy case without an attorney, the case may be dismissed. A proof of claim may be filed by an individual, corporate entity, or partnership with or without an attorney.
You will need to fill out a petition and schedules and be certain to list all of your assets and creditors. In order to make certain that you are properly listing all of your creditors you should get a copy of your credit report. You can request a free copy here.
A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.
3 minute read • 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
There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.
First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.
Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.
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.
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.
Bankruptcy Forms are available to the public free of charge.
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.
The first is known as Chapter 7. Chapter 7 bankruptcy allows the debtor to liquidate his debts. A Washington State bankruptcy court appoints a trustee who then seizes all of a debtor's non-exempt property. Non-exempt property includes items such as televisions, jewelry worth more than a certain amount and computers. This property is then sold off to pay back creditors, or the various people and entities owed money. A debtor is allowed to keep what is known as exempt property. Exempt property includes alimony, child support, health aids and tools of your trade up to a certain monetary limit.
When you file the bankruptcy petition with the Washington State bankruptcy court, you will also need to include a proposed payment plan that extends for three to five years. This plan should outline how you will pay all priority claims in full. Priority claims include such debts as child support, unpaid wages and taxes.
You will be allowed to keep all exempt property. There are two types of exemptions you may opt for in Washington State. One is the list of federal exemptions, while the other is the list of Washington State bankruptcy exemptions. Which one is best for you will depend on the type of property you own and what you think is best for you and your family.
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).
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.
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.
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.
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.
To find a licensed bankruptcy attorney in your area who practices Chapter 7 and Chapter 13 bankruptcy, you can use the “find an attorney” feature on the NACBA website. The National Association of Consumer Bankruptcy Attorneys, like many local bar associations and the Washington State Bar Association, helps individuals and families locate licensed attorneys who may provide free consultations.
Chapter 7 bankruptcy is kept purposefully straightforward because this debt relief option is only available to members of low-income households. The courts recognize that most low-income filers can’t afford to retain the services of a law firm. As a result, the process is kept as straightforward as possible so that most filers can prepare their case without having to hire a lawyer.
The reason why Chapter 13 bankruptcy is so much more complex than Chapter 7 bankruptcy is that this process requires filers to restructure their debt via a 3-5 year repayment plan. This restructuring makes paying down debt more manageable, but it takes time and skill to construct a plan in ways that will allow the filer to succeed. As a result, most Chapter 13 repayment plans created without professional assistance fail. If you’re ineligible to file for Chapter 7 bankruptcy because you earn too much money, talk to a lawyer about filing bankruptcy under Chapter 13.
5 minute read • 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
Legal aid societies are very approachable. If you can’t discern a legal aid society’s eligibility criteria from the information posted on its website, call and clarify the organization’s eligibility restrictions with an employee or knowledgeable volunteer.
Although filing for Chapter 7 bankruptcy isn’t the best debt relief option for every individual’s financial situation, this process does provide a fresh financial start for hundreds of thousands of people throughout the United States every year. If filing bankruptcy is the best option for your circumstances, there are many free and fee-based options available to help you prepare your bankruptcy case. You can choose to file pro se or to work with a bankruptcy attorney – whichever option is the best for you is the approach worth taking.
The county you live in determines which district your New York bankruptcy will be filed in. You can go to any of the courts located in your district to file your forms, even if your case is ultimately assigned to a different division within the district. In response to the coronavirus pandemic, most courts have restricted hours or alternative filing options. So, before you make the trip to the courthouse, make sure to check what your court is doing .
The course itself only takes about 1 - 2 hours and, as before, can be taken online, over the phone, or in person. If you were happy with the company you used to complete the first bankruptcy course, you should find out if they are approved to offer the financial management course to folks filing bankruptcy in New York as well. If so, you can go through them again for this second course and may even be able to get a discount for taking both classes with them. If not, check out the list of providers approved to offer this course for New York bankruptcy cases published by the Office of the United States Trustee.
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
This district has jurisdiction over all New York bankruptcy cases filed by residents of the Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester counties, and has concurrent jurisdiction over Greene and Ulster counties. It has locations in Manhattan, Poughkeepsie, and White Plains and is currently handling 90 so-called mega cases .
If you are in the Western District of New York, you have to bring three copies in addition to your original bankruptcy forms to the court.
You took a credit counseling course before your Chapter 7 bankruptcy in New York was filed in order to be eligible to be a debtor in bankruptcy. Now that your case has been filed, you have to take bankruptcy course 2 in order to be eligible to receive your bankruptcy discharge.
Even though New York is home to some of the more spectacular bankruptcy cases, such as the case filed by the Lehman Brothers following its collapse in 2008, or the Texaco bankruptcy file d in 1987, it's important to understand that bankruptcy protection is available to all New Yorkers who are struggling financially.
Next, when filing bankruptcy in Washington, you will need to get together your filing fee. The current filing fee for a Chapter 7 is $338. Traditionally, the full amount is due at the time that you file your Chapter 7 bankruptcy case with the court. The payment must be paid by cashier’s check or money order in U.S. funds, payable to “Clerk, United States Court” for exact payment or “not to exceed” amounts only. Unless you're in the Eastern District of Washington, you cannot make this payment using a credit or debit card. As of April 16, 2020, filers in the Eastern District can pay their fees online. If you feel that you cannot afford this fee, it is possible to request a fee waiver with the court. It is important to review the instructions carefully to see if you qualify for a waiver by earning less than 150% of the federal poverty line with all combined family income. If the waiver request is not granted (or you do not qualify), you can also request to pay the filing fee in installments.
In order to file a Chapter 7 bankruptcy in Washington, you will need to show that you are qualified to do so. You can show that you are qualified through the Means Test based on your income and family size. your current monthly income is below a certain threshold or income cutoffs, you qualify for filing Chapter 7 in Washington. If you do not qualify under that threshold, you can still complete the full Means Test, which involves a closer look into your income and household expenses, and qualify through that route.
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
You will need to send documents to your Chapter 7 trustee prior to your scheduled 341 hearing, or “ Meeting of Creditors .”. If you are filing in the Western District,you can check the “ Chapter 7 Debtor (s) Requirement ” list and gather the documents right away.
Washington state: Up to $10,000 in tools, instruments, and materials used to carry on his or her trade. Special exemptions are available for farmers, physicians, attorneys, and clergymen. (RCW § 6.15.010 (1) (e) (i)- (iii).)
The U.S. Bankruptcy Court Western District of Washington has two divisions: Seattle and Tacoma. If you live in one of the following counties, you must file your case in Seattle: Clallam, Island, Jefferson, King, Kitsap, San Juan, Skagit, Snohomish, or Whatcom.
Washington state: The homestead exemption protects up to $125,000 of equity in a debtor’s home or principal residence, including a manufactured or mobile home. The exemption is reduced to $15,000 for other personal property used as a residence (RCW §§ 6.13.010, 6.13.020, 6.13.030).