Legal Question in Bankruptcy in California

bankruptcy

how do i file with no money


Asked on 7/04/09, 10:42 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: bankruptcy

There are self help books you might find at a library. Also, the court might waive your filing fee if you qualify.

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Answered on 7/04/09, 11:05 am
David Gibbs The Gibbs Law Firm, APC

Re: bankruptcy

I am not saying this as a joke, or to demean you in any way, but it is true that in some cases you are "too broke to go broke." It will cost you some money to file - even if it is just the two required courses (pre-filing credit counseling, and post-filing money management). I believe they can be done for about $30-$50 each. That is the absolute minimum it is going to cost you.

As Attorney Cohen correctly points out, you may be able to get the court filing fee waived if you can prove that your situation is exteme enough. The filing fee is $299, and can be paid up front, in some instances with court approval, in installments, or it can be waived. You need to sit down and examine your expenses - that's the first thing the Court is going to do to decide if you can afford the filing fee or not. Are you paying for cable TV, internet, cell phones - those things would have to go before a court will waive the fee. If you think about it, a cell phone bill or internet bill not paid for three months or so will cover the filing fee.

As for legal representation, you can try to obtain legal aid, however, I know that there is a huge backlog. Your best bet might be to do as Attorney Cohen suggested and look for some self-help books at the library or used book store. Just make sure they are relatively current, as in 2005 there was a significant change to the way bankruptcies are filed. Do some research - you can find a way to do it, but it will not be easy, and will take a lot of work on your part. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/06/09, 12:49 pm


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