where do i go to file bankreptcy when i cannot affort a lawyer in great falls, mt

by Eloise Rosenbaum 9 min read

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

What if I Can’t afford a bankruptcy attorney?

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. In certain jurisdictions, bankruptcy courts offer free legal information or clinics to help debtors filing without an attorney.

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.

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.

Do I need a bankruptcy attorney to file Chapter 13?

Most attorneys provide free consultations and can provide you with valuable information about the bankruptcy process, the type of bankruptcy you should file, and the problems you could face. If you're considering filing for Chapter 13, representation is a must.

How much does it cost to file bankruptcy MT?

The Chapter 7 bankruptcy filing fee was updated from $335 to $338, and the Chapter 13 bankruptcy filing fee was updated from $310 to $313 effective December 1st, 2020. Based on the very slight change, I would not expect the filing fee to negatively impact you.

How much does it cost to file Chapter 7 bankruptcy in Montana?

How can I pay for filing for bankruptcy? In the state of Montana, it costs $299 to file for Chapter 7 bankruptcy, and $274 to file for Chapter 13 bankruptcy. If you cannot afford to pay the Chapter 7 bankruptcy filing fee, you can request a fee waiver from the bankruptcy court based on your household size and income.

How do I declare bankruptcy in Montana?

Steps in a Montana Bankruptcylearn about Chapters 7 and 13.check whether bankruptcy will erase debt.find out if you can keep property.determine whether you qualify.consider hiring a bankruptcy lawyer.stop paying qualifying debts.gather necessary financial documents.take a credit counseling course.More items...

How much does it cost to file Chapter 7 bankruptcy in MN?

There's a filing fee of $338 to file a Chapter 7 bankruptcy. If your income is less than 150% of the poverty guidelines in Minnesota (see the table for Minnesota Fee Waiver Eligibility below), you can apply for a complete fee waiver.

What is the statute of limitations on debt in Montana?

Montana Statute of Limitations on DebtMortgage debt8 yearsMedical debt8 yearsCredit card5 yearsAuto loan debt4 years1 more row•May 21, 2019

What property is exempt from creditors in Montana?

Montana allows you to exempt up to $250,000 of the equity you have in a residential property. This doubles to $500,000 for married couples filing for bankruptcy together. If the property is a farm, you can also exempt up to 320 acres of farmland.

How long does a Judgement last in Montana?

ten yearsHow long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.

How long does it take to file bankruptcy in MN?

Generally your debts will be discharged approximately four to six months after the date the bankruptcy petition is filed. You will need to pay a filing fee, which does not include attorney's fees. And, usually you will just make one trip to the courthouse.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

How much does it cost to file bankruptcy in Minnesota?

How Much Does it Cost to File Bankruptcy in MN? If you are filing for Chapter 7, the filing fee in Minnesota is $338. If you are filing for Chapter 13 bankruptcy, the filing fee is $313. If you are unable to afford these fees, you have the option of paying in installments.

What is the first thing you need to know about bankruptcy?

The first thing to know about bankruptcy is how the automatic stay protects you. The automatic stay goes into effect immediately. It prevents any collection action from any source. This includes-

Can a federal discharge be revoked?

If you decide to use some of the tricks in said book, you may have a previously successful discharge revoked. Yes, your discharge can be revoked if the court decides that the discharge was obtained by fraud. This means that you have concealed assets or information, lied to your attorney or the court, altered or destroyed information, or are unable to explain deficiencies in your assets or property. It’s a bad idea to play chicken with the federal bench and your attorney will not be pleased.

Does bankruptcy show up on credit report?

Yes, a bankruptcy filing will show up on your credit report and it will have an impact. There is no way around it. However, many credit providers understand that someone who has successfully exited bankruptcy is a better credit risk without a burden of debt service. Instead of turning over your whole paycheck to minimum payments, that money is now in play. Additionally, with the restrictions on filing for bankruptcy, you’re locked in for a given period of years before you can file again.

Is Chapter 7 bankruptcy a simple bankruptcy?

It is, and it’s not one to be taken lightly. Bankruptcy, even a ‘simple’ Chapter 7 is actually a complex legal procedure. Many people try to DIY or using a bankruptcy preparer if they can’t afford a lawyer to file bankruptcy for them. This is risky for a few reasons.

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.