consider hiring a bankruptcy lawyer stop paying qualifying debts gather necessary financial documents take a credit counseling course fill out and file paperwork turn over financial documents attend the 341 creditor's meeting attend the confirmation hearing and make plan payments (Chapter 13 only) file a debtor's education course certificate
How you pay for bankruptcy also depends on the chapter you file. All court costs and attorney fees must be paid before your Chapter 7 case is filed. Our Pennsylvania Chapter 7 lawyers offer payment plans, but you must be paid in full before your case will be filed. Chapter 13 cases are typically more expensive and work differently.
Sep 27, 2021 · Our office has helped over 10,000 individuals and families in the Philadelphia area get a fresh start by filing for bankruptcy and debt relief in PA. You can call The Law Offices of David M. Offen at 625-9600. We will guide you on how to get out of your debts in Pennsylvania and get you a fresh start!
For answers to your bankruptcy questions, please do not hesitate to call Czekaj Law, LLC at (717) 275-9770 . During an initial case consultation, we will learn more about your situation and advise you on whether we should look deeper into filing personal bankruptcy. You can also reach us online to request an appointment.
$338Court FeesChapter 7 Bankruptcy Petition$338Chapter 9 Bankruptcy Petition$1,738Chapter 11 Bankruptcy Petition$1,738Chapter 12 Bankruptcy Petition$278Chapter 13 Bankruptcy Petition$31336 more rows
The balance of what you owe is eliminated after the bankruptcy is discharged. Chapter 7 bankruptcy can't get you out of certain kinds of debts. You'll still have to pay court-ordered alimony and child support, taxes, and student loans.
Below are the household income levels for Pennsylvania for bankruptcy cases filed on or after May 15, 2021. The figures change every 6 months or so....Pennsylvania Chapter 7 Bankruptcy Income Limit.# of PeopleAnnual Income1$60,6402$74,8053$92,4414$110,0775 more rows•Feb 2, 2022
If you pass the Pennsylvania bankruptcy means test (which you can estimate below), you can erase most unsecured debts through Chapter 7. Unsecured debts discharged in Chapter 7 include medical bills, personal loans, some old income tax debt, old utility bills, credit card debts, and most personal judgments.Dec 3, 2021
Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.
The person who files for bankruptcy is typically the one that pays the court filing fee, which partially funds the court system and related aspects of bankruptcy cases. In some cases depending on your income, your Licensed Insolvency Trustee can ask to have the fee waived.Dec 17, 2021
The bankruptcy means test determines who can file for debt erasure through Chapter 7 bankruptcy. It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts.
Look at Your Disposable Income If your disposable income after expenses is less than $128, you qualify for Chapter 7 under the means test. If it's more than $214, you do not qualify. If you fall into the gray area between, you'll have to complete one more step.Jan 26, 2022
Pennsylvania Resident Debt Relief. InCharge provides free, nonprofit credit counseling and debt management programs to Pennsylvania residents. If you live in Pennsylvania and need help paying off your credit card debt, InCharge can help you.
The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.
Most Chapter 7 bankruptcy filers can keep a home if they're current on their mortgage payments and they don't have much equity. However, it's likely that a debtor will lose the home in a Chapter 7 bankruptcy if there's significant equity that the trustee can use to pay creditors.
The average cost of a bankruptcy lawyer in Pennsylvania is about $1,250, but it can range from just under $1,000 up to $1,500 depending on the complexity of the case and where you’re physically located. If you’re hoping to file with the help of a bankruptcy attorney, schedule a free consultation with them to find out how much they’d charge for your Pennsylvania bankruptcy case.
The bankruptcy court in the district you’re filing in may require additional local forms. Pennsylvania is divided into three federal districts - the Eastern District of Pennsylvania, the Middle District of Pennsylvania, and the Western District of Pennsylvania.
Currently, the filing fee for a Chapter 7 bankruptcy is $338 but it’s set to go up to $338 as of December 1, 2020.
In order to file a Chapter 7 case, you will need to qualify under Pennsylvania bankruptcy laws by passing the Means Test. You can do so in one of two ways. First, based on your monthly income and household size, you might immediately qualify for a Chapter 7 if you are under the average median income in Pennsylvania. Second, even if you earn more than the income limit allows, you may still qualify by completing the second portion of the Means Test.
Eastern District of Pennsylvania Requirements. The Eastern District is divided into two divisions with courthouses in Philadelphia and Reading. The Philadelphia division handles cases for Bucks, Montgomery, Delaware, Philadelphia, and Chester counties.
Written by Attorney Eva Bacevice. Pennsylvania is well known for being home to the first capital of our country, the Liberty Bell, and the first American flag. Pennsylvania also has a number of tasty claims to fame, including the chocolate capital of the United States (Hershey, PA) and the Philly cheesesteak.
Wherever you print your forms, make certain to do so on one-sided pages. The court won’t accept double-sided print-outs.
In nearly every bankruptcy case, your attorney’s fees will account for the bulk of your costs. However, there are some fixed costs associated with every bankruptcy filing.
How you pay for bankruptcy also depends on the chapter you file. All court costs and attorney fees must be paid before your Chapter 7 case is filed. Our Pennsylvania Chapter 7 lawyers offer payment plans, but you must be paid in full before your case will be filed.
Our Allentown bankruptcy lawyers know you are financially struggling if you are thinking about bankruptcy. While there are costs involved with filing for bankruptcy, the investment is usually small compared to the benefits you receive.
Filing a DIY bankruptcy is like filing a business tax return without being able to use the instructions. Furthermore, if things go sideways, you are on your own. A bankruptcy petition preparer charges a lot of money simply to fill out forms. Preparers cannot tell you how to fill out the forms.
Bankruptcy offers these families shelter from these financial storms. A bankruptcy attorney can build something much more secure than a temporary shelter. Lawyers show debtors how to maximize the law's limited property exemptions.
The informal exemptions usually involve an obscure bankruptcy rule called the best interests of creditors rule. Assume Jill has a small bass boat worth about $1,000, and it also needs about $500 in repairs. If the trustee seized it, the trustee must not only make the repairs.
Wildcard exemption: The federal wildcard exemption is much more complicated than the state exemption. Under the federal exemptions, the wildcard is $1,325.
Section 362 of the Bankruptcy Code, on the other hand, automatically stops adverse actions like: Foreclosure. Creditor harassment. Eviction.
There are basically two forms of consumer bankruptcy. Chapter 7 is the fastest and easiest way for debtors to obtain fresh starts.
Generally, a Pennsylvania family of four cannot earn more than $104,000. Chapter 13 debtors cannot exceed the debt ceilings. You cannot have more than $1.4 million in secured debt and $400,000 in unsecured debt. These numbers are subject to change as well. These qualifications are usually not a problem.
Bankruptcy proceedings are governed under federal law, Title 11 of the United States Code, and go through the federal court system. This ensures that the rules of bankruptcy are similar throughout the country. However, there are Pennsylvania laws, if they are elected, regarding the property you are allowed to keep during bankruptcy.
Bankruptcy is a serious legal proceeding that should not be taken lightly. It is not a process for when you have a small amount of debt or are having trouble budgeting. You should consider filing for bankruptcy when your monthly expenses and debts are greater than your income.
The bankruptcy process can be overwhelming, which is why it’s important to understand the types of bankruptcy as you move forward.
If you are interested in filing for Chapter 7 or 13 bankruptcy, talk with a bankruptcy attorney in Harrisburg, PA as soon as possible. Filing for bankruptcy in federal court is not a simple process. You must complete pre-filing credit counseling from a qualified non-profit credit counseling agency within 180 days of filing.
Before you decide to file for Chapter 7 or 13 bankruptcy, talk with a Pennsylvania bankruptcy attorney about the potential consequences. No matter which type you choose, the major credit bureaus are informed. Your credit score will take a hit. With a very poor credit score, you may not gain approval for loans or credit cards.
Whether you are just beginning to think of bankruptcy or you are confident it is the right move for you, we recommend talking with an experienced bankruptcy lawyer about your situation. You should be fully aware of your rights, options, and responsibilities before diving in.
Bankruptcy is a legal proceeding in which an individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. (see Pennsylvania Court Directory) Filing bankruptcy immediately stops all of your creditors from seeking ...
It now costs $306 to file for bankruptcy under chapter 7 and $281 to file for bankruptcy under chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once.
Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to: 1 Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt 2 Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. (see Pennsylvania Non-Dischargeable Debts) 3 Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.- Discharge debts that arise after bankruptcy has been filed.
Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. (see Pennsylvania Non-Dischargeable Debts) Protect cosigners on your debts.
Bankruptcy will probably not make things any worse. The fact that you’ve filed a bankruptcy can appear on your credit record for ten years. But since bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit. Back to Top.
Chapter 7 is known as “straight” bank ruptcy or “liquidation.”. It requires a debtor to give up property which exceeds certain limits called “exemptions”, so the property can be sold to pay creditors. Chapter 11, known as “reorganization”, is used by businesses and a few individual debtors whose debts are very large.
Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to: Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan.
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. If your income is very low (up to 150% of poverty), the filing fee in a Chapter 7 can be waived.
If everything goes normally in a bankruptcy case, the final thing the court does is to grant you a discharge, which excuses you from paying all your debts (except possibly for the few mentioned above). The Dis charge Order also forbids creditors from doing anything to try to collect a debt that has been discharged.
Chapter 7 - Straight Bankruptcy. In a bankruptcy case under Chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a Chapter 7 bankruptcy is to wipe out ( discharge) your debts in exchange for giving up your property, except for exempt property which the law allows you to keep.
In a Chapter 7 bankruptcy you can wipe out all debts except: money owed for child support, alimony, fines, property settlements, criminal restitution, some taxes, and limited other kinds of debts; debts not listed on your bankruptcy petition, although there are some exceptions to this rule;
If you are behind in your payments, the court in a Chapter 13 bankruptcy can give you time to catch up. For some types of property, you can pay the creditor the amount that the property is worth rather than the full debt.
In a Chapter 13 case, you file a plan showing how you will pay off some of your past-due and current debts over an extended period, normally three to five years. After you complete the plan, the unpaid balance on certain debts may be wiped out.
If you don’t make your payments on the debt, the creditor may be able to take and sell the home or property.
In a Chapter 7 bankruptcy, the bankruptcy trustee appointed to administer your case will sell nonexempt property and distribute the proceeds to creditors. Find out more about the bankruptcy process and the Chapter 7 documents you'll need at each stage. In a Chapter 13 bankruptcy, it works differently.
Some people can keep all assets, but that isn't always true. Here's what will happen to nonexempt property: 1 In a Chapter 7 bankruptcy, the bankruptcy trustee appointed to administer your case will sell nonexempt property and distribute the proceeds to creditors. Find out more about the bankruptcy process and the Chapter 7 documents you'll need at each stage. 2 In a Chapter 13 bankruptcy, it works differently. You can keep everything you own, but you'll pay creditors the value of the nonexempt property, your disposable income, or your nondischargeable debt (support obligations, most taxes, and the like), whichever is more, through your Chapter 13 repayment plan.
Do Not Sell My Personal Information. You won't lose all of your assets when filing for bankruptcy in Pennsylvania. However, Pennsylvania's bankruptcy exemptions are some of the most limited in the country.
Unless otherwise noted, when spouses file together in Pennsylvania, each spouse can claim the full amount of the exemption (informally called "doubling") as long as each spouse has an ownership interest in the property.
In a Chapter 13 bankruptcy, it works differently. You can keep everything you own, but you'll pay creditors the value of the nonexempt property, your disposable income, or your nondischargeable debt (support obligations, most taxes, and the like), whichever is more, through your Chapter 13 repayment plan.
None, but the equity in a residence held in tenancy by the entirety can't be used to repay the debts of one spouse. Contact a local bankruptcy lawyer for information about your situation.
Some states, including Pennsylvania, allow residents to choose between the state and federal bankruptcy exemptions. You can't protect property by using exemptions from both lists—you must pick the system that will work best for you. If you elect to use Pennsylvania's state exemptions, the federal nonbankruptcy exemptions will be available to you, too.
Chapter 7 involves liquidation of the debtor's non-exempt assets, that is, selling her possessions to satisfy financial obligations, after which she receives a discharge that relieves her of any further obligation to pay. However, creditors often receive nothing from a Chapter 7 bankruptcy, because many debtors have few if any assets that are not protected by exemptions.
Filing without an attorney is known as filing pro se. This means that you must complete all the paperwork associated with your petition, file the required documentation with the proper officials and appear in court on your own.
If you are filing for Chapter 7 bankruptcy and you cannot afford court filing fees, you may apply for a waiver of the filing fee or to pay the fee in installments.