how to get a lawyer to help with bankruptcy with no money

If you can't afford a bankruptcy attorney, you might find help at a local legal aid society or a free legal clinic. Legal aid societies have both staff and volunteer attorneys to help meet the legal needs of low-income individuals in the community. If you have a legal aid society nearby, check to see if it has a bankruptcy department.

Full Answer

Where can I get bankruptcy help without an attorney?

Get Help from a Legal Aid Society or Free Legal Clinic. If you can’t afford a bankruptcy attorney, you may be able to receive help from a legal aid society or a free legal clinic in your area.

Why don't I have to pay my lawyer in bankruptcy?

Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help. If that isn't an option, qualified Chapter 7 debtors will stop making bill payments if the obligation will be discharged (wiped out) in the case.

Can I get a bankruptcy lawyer pro bono?

If you don’t have the means to pay for the services of a bankruptcy attorney, you might be able to find a lawyer to take your case pro bono. You can typically find more information on pro bono attorneys online, through your state bar, a local bar association, or by talking to lawyers in your area.

Do I need a bankruptcy lawyer for a complex case?

Complex Chapter 7 cases and almost all Chapter 13 bankruptcies require extensive knowledge of bankruptcy law and have many pitfalls for inexperienced filers. For these reasons, it would be in your best interest to hire a bankruptcy lawyer.

Can I get free help with my bankruptcy case?

Yes, nonprofit legal services offer help to low-income people who either need an attorney to represent them in a bankruptcy case or are handling a...

How long does a bankruptcy stay on your credit report?

A Chapter 7 bankruptcy can stay on your credit report for up to 10 years, while a Chapter 13 bankruptcy may remain on your credit report for up to...

What types of debt can’t be included in a bankruptcy case?

Among the types of debt that can’t be discharged—meaning you’re no longer legally required to pay them—are most student loans, most taxes, child su...

Bankruptcy Fees, Waivers, and Payment Plans

If you’re unable to pay your filing fees, the court will usually try to work with you. For Chapter 13 bankruptcy, you may be able to roll your court fees into your repayment plan, paying the court in monthly installments.

Filing Bankruptcy on Your Own

If you’re looking to save money, the obvious choice is to file your bankruptcy case by yourself. There is no law that says you have to hire an attorney. In this case, however, going the “DIY” route may not be the best option. Very few bankruptcies are successful with pro se litigants, and there are many ways to misstep when filing a bankruptcy.

Call A Cleveland Bankruptcy Lawyer

The lawyers at Luftman, Heck & Associates have extensive experience with Chapter 7 and Chapter 13 bankruptcies. Schedule your free consultation and let us walk you through the process. Call us at (216) 586-6600 or contact us online.

What can a bankruptcy attorney do?

A knowledgeable bankruptcy attorney can provide you with legal advice, prepare your bankruptcy paperwork, and guide you through the bankruptcy process. But these services come at a cost. If you can't afford to pay the fees, you might be able to: represent yourself as a "pro se" debtor. negotiate reduced attorneys' fees.

Can I file for bankruptcy without an attorney?

Learn more about filing for bankruptcy without an attorney. Simple Chapter 7 bankruptcies. Filers with little or no income or assets, and no other matters that might complicate a bankruptcy might be able to file on their own. But even a simple Chapter 7 bankruptcy requires a significant amount of time and research.

Can I afford a bankruptcy lawyer?

In many cases, you can pay a good portion of your attorneys' fees through your Chapter 13 repayment plan. Even if you can't afford a bankruptcy lawyer, consider talking to an attorney. Many attorneys provide free consultations.

Do I have to have an attorney to file for bankruptcy?

Represent Yourself in Bankruptcy. You don't have to have an attorney to file for bankruptcy. But whether it would be in your best interest to hire one will depend on: the type of bankruptcy you want to file. the complexity of your case, and. if you're willing to do the research necessary.

Can I take a bankruptcy case pro bono?

Some attorneys take on a certain number of cases pro bono (free of charge or at a significantly reduced rate) each year. If you don't have the means to pay for the services of a bankruptcy attorney, you might be able to find a lawyer to take your case pro bono.

What to do if you can't afford bankruptcy?

If you can't afford to pay a bankruptcy attorney right away, you might consider: asking friends and family. getting help from a legal aid society or other free legal clinics in your area. finding an attorney who will take your case pro bono (free of charge), or. filing your case without an attorney.

Why won't my attorney file a Chapter 7 case?

Your attorney won't file a Chapter 7 case until you've paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help.

Can you finance a Chapter 13 case?

It isn't as challenging to finance a Chapter 13 case. Many attorneys will take a downpayment upfront. The remaining amount gets paid in your repayment plan, thereby allowing you to pay a small part of your legal fees each month. Find out more about how bankruptcy lawyers get paid.

Is it a good idea to go it your own?

But it isn't always a good idea to go it your own, either. Whether it would be in your best interest to hire a lawyer typically depends on: whether you are filing for Chapter 7 or Chapter 13 bankruptcy. the level of complexity. whether you can afford an attorney, and.

Can you represent yourself in Chapter 7?

Even so, it's still possible to represent yourself in Chapter 7.

Do bankruptcy attorneys cut fees?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver.

What to do if you can't afford bankruptcy?

If you can't afford a Chapter 7 bankruptcy lawyer, consider whether one of the following might work for you: stop making payments on debts that will get wiped out in bankruptcy and pay your attorney instead. borrow the fees from a friend, family member, or even your employer. retain a bankruptcy lawyer who will handle creditor calls ...

What are the free clinics for bankruptcy?

Free Clinics, Legal Aid, and Pro Bono Attorneys. Resources are available to debtors who can't afford a bankruptcy attorney, but they vary depending on where you live. Some bankruptcy courts have free clinics to help debtors file for bankruptcy relief on their own.

What happens if you file Chapter 7 bankruptcy?

When you file for Chapter 7 bankruptcy, the court—and your creditors—assume that you'll stop making payments on bills that will get discharged (wiped out) in your bankruptcy case and use the funds to pay legal fees instead. For instance, credit card payments, medical bills, past-due utility payments, and personal loans (such as payday loans) usually qualify for a discharge.

How many installments can you pay for bankruptcy?

Otherwise, you might be able to pay the fee in up to four installments. To apply for either, you'll complete and submit the official request forms along with your initial bankruptcy petition. The court will notify you if the judge approves the waiver or installment arrangement.

How much do lawyers pay for retainers?

Some lawyers will let you pay a retainer as low as $100 and then pay the remaining attorneys' fees in installments. However, even though many lawyers offer payment plans, they won't file your case until all fees are paid in full—and for a good reason.

Do you have to file bankruptcy in Chapter 7?

All Chapter 7 cases require you to fill out extensive bankruptcy forms, research exemption laws (to protect property) and follow all local court rules and procedures. If you aren't comfortable doing the work—and assuming the risk—consult with a bankruptcy lawyer.

Can you pay all attorney fees in Chapter 13?

But this chapter doesn't work for everyone.

How much does it cost to file for bankruptcy?

If you don’t hire an attorney, the total cost for filing Chapter 7 is $338, broken down this way: 1 $245 filing fee, the cost for the court to handle your paperwork and case after you take it to the bankruptcy court and file it in person. 2 $78 administrative fee. Somebody has to pay the clerks and other court employees. 3 $15 trustee surcharge. It’s the government, right?

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy is designed to discharge debt and give you a faster fresh start. You may have to sell some nonexempt assets to pay as much of the debt as you can, but filers keep their homes in 90% of all consumer bankruptcy cases. Chapter 13 requires a payment plan to address the debt.

How much does it cost to file Chapter 7?

How Much Does Chapter 7 Bankruptcy Cost? If you don’t hire an attorney, the total cost for filing Chapter 7 is $338, broken down this way: $245 filing fee, the cost for the court to handle your paperwork and case after you take it to the bankruptcy court and file it in person. $78 administrative fee.

What happens if you have no property other than your home?

The answer: If you have no property other than your home and you can wipe out most of your debt, you have a “simple” bankruptcy. Be prepared to study the procedures and the laws in your local bankruptcy court. Knowledge is always power, so when filing bankruptcy it’s wise to inform yourself before filing on your own.

Can you get bankruptcy if you don't qualify for Chapter 7?

If it is, you qualify for Chapter 7 bankruptcy and possible debt relief. However, you may pass the means test, yet still not qualify to have fees waived. If you don’t qualify to have the fee waived, you could ask the court to spread out the cost in as many as four installment payments.

Can you file Chapter 13 and do it yourself?

Because debt is addressed over time, filers can keep their home and other important assets. Only with Chapter 7 can you seek a waiver on filing fees. Though you have the option to file Chapter 7 and to do it yourself, there are ways to address debt prior to filing bankruptcy.

Can you get out of debt with Chapter 7 bankruptcy?

The oxymoron of bankruptcy is that a person in significant debt has to find money to pay for the way to get out of debt. Government thinking, no? Yes, Chapter 7 bankruptcy can give you a fresh start, but obviously there are hurdles to clear and challenges to meet in doing so.

Can you file for bankruptcy if you don't have money?

It is problematic to file bankruptcy when you have no money for an attorney or for court filing fees. If you are out of work you should wait until you return to work. Lawsuits reduced to judgments can be discharged in bankruptcy. When you aren't working there is no possibility of wage garnishment. This means you are noncollectable or what is called "judgment proof." If you become employed but still can't afford an attorney you might want to consider filing on your own. There are self-help books, such as the ones published by Nolo Press of Berkeley, California. You might be able to get a free consultation to review papers that you have prepared on your own. Sometimes there are pro bono clinics who can help you for free. Also, most bar associations have a referral service where you can get a low cost consultation.

Is bankruptcy attorney free in Phoenix?

Qualified and experienced bankruptcy attorneys are not cheap. Most qualified and experienced bankruptcy attorneys in the Phoenix area offer consultations for FREE. You will be amazed at what you can learn from a free consultation.

What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:

What happens if you lose a case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it's important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case.

What time does the Akron Bar Association answer legal questions?

The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

Can a lawyer represent you on contingency?

It's risky for lawyers to take cases on contingency, and they need to be confident a judge or jury will side with you, and that there's going to be something sizable awarded to you. While no legal expert will suggest you represent yourself, it is an option if you're in a financial bind.

Can you go to small claims court after divorce?

For instance, you can't go to small claims court if you're trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn't worth risking lawyer fees, you might consider small claims court.

Do attorneys give discounts?

An attorney might give you a discount. Also, many attorneys offer payment plans, so that you're paying monthly instead of one huge sum all at once. Of course, you could hit the jackpot and find a pro bono lawyer, or you might find someone willing to take your case on contingency.

When to use tax refund for bankruptcy?

Use your tax refund to pay the attorney’s fees: Consumer bankruptcy filings in March and April are much higher than the rest of the year because many people take advantage of their tax refund to pay for legal help.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy involves a repayment plan and is reserved for folks with a regular monthly income. As a result, filing bankruptcy under Chapter 13 of the Bankruptcy Code usually means the filer is not eligible for a filing fee waiver. Additionally, the Chapter 13 bankruptcy process is pretty complex, so hiring a bankruptcy lawyer is typically ...

Do you have to pay bankruptcy attorney fees upfront?

So, when they say you have to pay the attorneys fees “up front” they often mean “before your bankruptcy case is filed” and not that you have to come up with a lump sum payment somehow.

Can you sell property that isn't protected by bankruptcy?

Any property you own when you file bankruptcy that isn’t protected by an exemption can be sold by the bankruptcy trustee to pay your creditors. If you already know that something you own won’t be protected, it’s ok to sell it for it’s fair market value and use the funds to pay your bankruptcy lawyer.

Is it better to hire a bankruptcy lawyer or file for bankruptcy?

Additionally, the Chapter 13 bankruptcy process is pretty complex, so hiring a bankruptcy lawyer is typically a good investment. Even if it means you have to pay attorneys fees for the legal help. Chapter 7 bankruptcy, on the other hand, gives folks with little or no income a fresh start. This type of bankruptcy can be filed for free by eligible ...