what to do if you can not afford a bankrfuptcy lawyer

by Stevie Kshlerin 7 min read

  • Negotiate Reduced Fees. Try negotiating if you can’t afford the amount your attorney has quoted. ...
  • Apply for Chapter 7 Filing Fee Payment Plan. If you can’t afford a bankruptcy attorney near you or a Chapter 7 filing fee in full, you can apply for a ...
  • Contact a Legal Aid Society. There are legal aid societies in the U.S. that offer low-income individuals with free legal services.
  • Seek a Pro Bono Attorney. Some legal professionals will take on a case pro bono, or free of charge/at a reduced rate. ...
  • Contact OakTree Law. If you’re looking for a bankruptcy attorney in Los Angeles or Orange County, OakTree Law can help find the right solution for you based on your financial ...

In most states, legal aid societies and pro bono attorneys provide free legal services or assistance to low-income individuals. Contact your local legal aid society, state bar, or local bankruptcy lawyers to find out about aid for people who wish to file for Chapter 7 bankruptcy but can't afford an attorney.

Full Answer

What if I can't afford a bankruptcy attorney?

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.

How can I get help with bankruptcy attorney fees?

borrow the fees from a friend, family member, or even your employer retain a bankruptcy lawyer who will handle creditor calls while you pay fees over time obtain assistance from a free clinic, legal aid society, or pro bono attorney, or file for Chapter 13 bankruptcy and pay attorney fees through your repayment plan.

How can I file bankruptcy when I'm low on funds?

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. These are a few ways to file for bankruptcy when you're low on funds. Keep reading for more details.

Where can I get a bankruptcy attorney near me?

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.

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 are the three types of bankruptcies?

With that in mind, below are details about three main bankruptcy types.Chapter 7 Bankruptcy. Chapter 7 is also referred to as a liquidation bankruptcy because it calls for most of the debtor's assets to be sold to pay creditors. ... Chapter 13 Bankruptcy. ... Chapter 11 Bankruptcy.

What kind of bankruptcies should I file?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

What is one of the most common reasons for bankruptcies?

Following is a list of the most common causes of bankruptcy in America today.Medical Expenses. A study done at Harvard University indicates that this is the biggest cause of bankruptcy, representing 62% of all personal bankruptcies. ... Job Loss. ... Poor/Excess Use of Credit. ... Divorce/Separation. ... Unexpected Expenses.

Paying A Bankruptcy Attorney Instead of Certain Creditors

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 (wip...

Borrowing Attorneys’ Fees

After meeting with a bankruptcy lawyer, you can expect to feel a great sense of relief (it’s wonderful knowing that a solution is in sight) and wan...

Retaining A Lawyer to Field Creditor Calls While Making Payments

The automatic stay order that stops creditors from collecting doesn’t go into effect until you file the bankruptcy case. However, once you hire an...

Filing For Chapter 7 Bankruptcy Without An Attorney

You aren’t required to have an attorney when filing for bankruptcy relief. Whether you should, however, will depend on how complicated your case is...

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 f...

Filing For Chapter 13 Bankruptcy

Filing for Chapter 13 bankruptcy allows debtors to pay all or a portion of their attorneys’ fees through their repayment plan. If you can’t afford...

Negotiate Reduced Fees

Try negotiating if you can’t afford the amount your attorney has quoted. Make a proposal based on what you can afford to pay and are willing to offer. If your lawyer understands your financial situation and/or your income is low, they may agree to accept your case. Otherwise, consult with other local attorneys that charge a more affordable fee.

Chapter 13 Repayment Plan

Your Chapter 13 bankruptcy attorney can agree to an option that allows you to pay your attorney’s fees through the plan. While you’ll need to pay a filing fee and other costs, you can pay out attorney’s fees and your creditors will cover the costs up front.

Apply for Chapter 7 Filing Fee Payment Plan

If you can’t afford a bankruptcy attorney near you or a Chapter 7 filing fee in full, you can apply for a Chapter 7 filing fee installment payment plan (Form 103B). You must have a steady income source to qualify.

Contact a Legal Aid Society

There are legal aid societies in the U.S. that offer low-income individuals with free legal services. One in your area can help if you can’t find an affordable bankruptcy attorney.

Seek a Pro Bono Attorney

Some legal professionals will take on a case pro bono, or free of charge/at a reduced rate. You can find pro bono attorneys through your state bar or a local bar association, by referral from other lawyers, and on the internet. The American Bankruptcy Institute also provides resources to locate pro bono attorneys by state and city.

Contact OakTree Law

If you’re looking for a bankruptcy attorney in Los Angeles or Orange County, OakTree Law can help find the right solution for you based on your financial situation, starting with a thorough evaluation. We specialize in Chapter 7, Chapter 13, and Chapter 11 bankruptcy.

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.

Understanding the Agreements

Low or no down, the agreements are handed over before the filing – one is the agreement to pay the filing fee if such is not waived under the means test. The second agreement is for the services provided after the filing, and the schedule of payments for the petitioner to the law firm for those services.

Why We Do It

Denying people access to justice because of their finances is an act of injustice. It is discriminatory, and in a country where everyone is entitled to equal protection under the law, it betrays a basic tenet of our country. Our payment agreement may not right historical wrongs, but it can help to stop perpetuating them.

Every Case is Different

Even when two people file for the same Chapter 7, there are so many factors in their individual circumstances. Tenancy by the entirety? Personal property? Mortgage versus rent? Retirement income? We do more than just file a petition, we offer individualized legal advice and assistance to get you the outcome you need to go on with your life.

Public Defenders

A public defender is a lawyer who works for the benefit of the public. Their role is to uphold people who have been criminally charged or require aid with civil affairs when incapable of paying their legal representation.

Programs Supported by The Federal Government

Low-income people can get free legal representation in civil lawsuits thanks to federal funds. Separation, landlord-tenant, discounted housing, public assistance, Social Security, and unemployment disputes are among the issues that our staff attorneys and competent paralegals can help with.

Charitable Groups that Help Specific Groups

You might be able to identify a nonprofit (charitable) group with attorneys or legal assistants on staff devoted to offering low-cost legal services to specific demographics, based on what is accessible in your area.

Bar Associations and Pro Bono Programs

Lawyers’ bar organizations can be found at the state and municipal levels, and they frequently offer cheaper or no-cost legal services to plaintiffs. Some bar organizations have pro bono initiatives manned by lawyers who have committed to volunteering a portion of their time to provide free legal counsel to deserving clients.