Legal Question in Bankruptcy in North Carolina
My 25 yr old daughter has moved in with us. She lost her previous job and now has a parttime job 25/30 hrs per week $9.00 per hr. Her Honda car was repo\'d and will be sold with her owing the difference. She is behind on all bills-$876.00 behind on a AES student loan with total of $7500.00 owed. She has $4,000.00 in unsecured credit card debt about to be defaulted to collection. How does she file for bankruptcy with no money?\n
1 Answer from Attorneys
The United States Bankruptcy Courts allow self filing which is called a pro-se filing. It is even possible for the court to waive the filing fee. This is not an easy undertaking and there are consequences for making mistakes. In situations such as you describe, there is more than one way to secure financial stability and freedom from harassing calls. A bankruptcy lawyer will go over possibilities, including a negotiated settlement with the credit card companies and car loan people. Ordinarily, government backed student loans cannot be discharged in the absence of severe hardship. There are problems with the easily obtained "deferment" offered to some debtors who have student loans. A bankruptcy lawyer can help in devising a plan which may or may not include a bankruptcy. Keep in mind, anyone with regular income is eligible for a Chapter 13 which provides a fresh start with only payments that the debtor can afford, Chapter 7 is called the liquidation or straight bankruptcy because discharge is available much sooner and does not require payments from future income. If bankruptcy turns out to be the best option, then the debtor may have to borrow from family and friends to get the bankruptcy started or a lawyer may start the process with a minimum down payment and take future payments on the balance.