Legal Question in Bankruptcy in California

Can a bankruptcy analyst tell you that teh attorney said that i should qualify for a chapter 7 bankruptcy but i will need to pay $ 500 in order to confirm it in a means test and if i don't pass it will not be refundable? "san diego"


Asked on 3/29/12, 10:43 pm

3 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorney That's not an unreasonable fee to go through the means test, and take you on as a client for that limited purpose

However, you would be better starting a chapter 13 on our no money down policy, then If you qualify for Chapter 7, you can go from their.

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Answered on 3/29/12, 10:49 pm
Tony Carballo Carballo Law Offices

There is a lot of work that goes into doing the means test properly and setting up a file, doing a contract, etc. I usually get a credit report also at the same time to download correct amounts of secured debt and other valuable information that must be considered in doing the means test. That is a reasonable fee for that service. A Chapter 13 is a lot more expensive in attorneys' fees, not to mention required plan payments and being in the case for at least 3 years (maybe 5 years if your income is over median). What appears to cost little or nothing at the beginning may end up costing you more in the end. You must decide who to trust most by meeting with each attorney and asking the right questions to make sure it is someone you can trust and then consider the cost, distance and other factors important to you.

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Answered on 3/30/12, 7:27 am
Asaph Abrams Law Office of Asaph Abrams

Two telling issues: if you are seeking debt relief, then federal bankruptcy is often an excellent choice; ultimately both chapter 7 and chapter 13 afford sound means of obtaining a clean slate. The decision to seek bankruptcy protection should not be ruled out on the basis of not qualifying for chapter 7, if chapter 13 is a proper alternative.

Second, bear in mind that a bankruptcy "analyst" is not licensed to practice law or charge attorney fees for non-attorney work.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action. www.BankonitSD.com

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Answered on 3/30/12, 1:38 pm


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