Legal Question in Bankruptcy in Pennsylvania

Re: A few general Questions

Generally speaking they would be discharged in Bankruptcy Court. An analysis is needed to to get a more concrete answer.

Re: A few general Questions

Chapter 7 will eliminate all unsecured debt, with a few exceptions, Certain taxes, student loans and criminal fines are not dischargeable. There is no minimum or maximum amount to qualify for a Chapter 7..

Therefore, assuming you otherwise qualify, you should consider filing. You should speak with experienced bankruptcy counsel to discuss all the ramifications.

I trust this has been helpful, but feel free to call or e-mail with further questions.

Re: A few general Questions

Short answer -- Your medical bills and bounced checks can be eliminated in a Chapter 7 filing as well as your old utility bills.

Basically, all debts must be listed including utilities. However, it is customary not to list as debts certain ongoing obligations such as a water bill, phone bill, etc. I advise my clients that if they are current on their utilities I do not list them as debts. Your question suggests that you are several payments behind on some of your utilities. In this case you would definitely list these past due accounts. The bankruptcy filing should allow you to discharge (the bankruptcy term for wipe out) the past due amounts. Remember you must resume making your regular monthly payments especially once the bankruptcy case was concluded. Otherwise the utility company could "turn off the lights". I hope this answers your particular situation. I'm not sure if the utility bills you mentioned are for current services or for old accounts (like an old phone bill).

In your second question you are essentially asking if you have enough debt to necessitate or qualify for a bankruptcy filing. The Bankruptcy Code does not require a minimum amount of debt and currently there are no limitations to the amount of monthly income you can receive. Many people have the impression that they must be destitute in order to "qualify" for bankruptcy. This is not the case. If your income is high enough that it exceeds your necessary monthly expense (not including payments on credit cards)substantially then you would probably need to file under Chapter 13 instead of Chapter 7 and repay a portion of your debts. In your particular situation I don't believe your monthly income is high enough to warrant a Chapter 13 filing. You would file for a complete "discharge" (a bankruptcy term which means wipeout or erase) under Chapter 7.

I believe a fresh start would help you tremendously. If you reside in Pittsburgh or Philadelphia or can travel to these areas I would be happy to serve you. I will be in Pittsburgh on April 17, 2002 and I can arrange to meet with you free of charge. Please call (800) 303-0720