Both my mother and I have some outstanding bill’s. She is only working 4 days a week and food stamp’s. I am on unemployment and food stamp’s as well. My mother’s 2 main bill’s are an outstanding car payment and a loan payment. My outstanding bill is a loan payment.
What our question is , is do we have to pay out any money in order to file a bankrupcy claim? And if we do, how much? I saw a commercial on television that said no cost for filing. We have never had to do a bankrupcy before, so we really have no idea how to go about it. If it help’s we live in Texarkana, Texas. Any help or advice that you can give us would be greatly appreciated.
First, don’t believe what you see and hear on tv. There is no such thing as a free bankruptcy. Someone might file you for no attorney fee down, but the attorney will stick you into a chapter 13 (whether you need a 13 or not) in order to collect an attorney fee through plan payments.
Second, I want to be clear that you and your mother would need to file separate bankruptcies. You cannot file together. So that would mean two attorney fees.
Lastly, I am not familiar with Texas exemptions to protect your assets. You need to both sit down with a bankruptcy attorney to determine whether filing is beneficial for one of you, both of you, or neither of you.
There simply is not enough information about the amount of your debts, nature of the debts, and your assets. You both may even be collection proof – meaning a creditor can get a judgment, but may not be able to collect on the judgment, and might not be able to garnish your wages.
This is why you need to consult with a bankruptcy attorney. Most offer free consultations.
Good luck to both of you!
My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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