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<\/a><\/h4>\nWhat is bankruptcy?<\/h4>\n
Bankruptcy<\/a> is a federal law that provides a fresh start<\/a> to people who are drowning in debt.<\/p>\n <\/p>\n Because I\u2019m easy<\/a>. Oh, sure, I\u2019m a lawyer, and there are a lot of things I do \u201cjust so\u201d to make sure they get done and get done right, and often that\u2019s not easy for ME, but that\u2019s my problem. I reckon it\u2019s my job to make things easy for YOU.<\/p>\n Because I know my job and I care. I know the problems you\u2019re facing and I can help you get a fresh start.<\/p>\n BECAUSE YOU LIKE ME. This may seem like a silly reason to pick a lawyer, but if you\u2019ll think about it you may decide it\u2019s the most important reason of all. If you\u2019re like most people, the things that have led you to consider bankruptcy are, in your opinion, some of the ugliest, least pleasant things about your life \u2013 and you\u2019re going to have to spend several hours with your bankruptcy attorney, examining this most-painful part of your life in excruciating detail. Are we having fun yet? Now, do you want to do this with someone whose company you enjoy, or someone who makes you feel even more uncomfortable than you already are? If you like me, you\u2019ll relax and tell me the details I need so desperately to serve you well. If I make you uncomfortable, you\u2019ll clam up and forget things and I won\u2019t be able to do nearly as good a job for you. So, if you like me, great. If not \u2013 FIND A LAWYER YOU LIKE.<\/p>\n First, it depends on the bankruptcy chapter<\/a> you choose to use. \u00a0If your case has no unusual complications, it may be completed with the fees below; unusual complications must be billed on an hourly basis. At this writing, the legal fee for a normal, relatively simple Chapter 7 case is $1200, payable in advance (before the case is filed with the court). \u00a0The legal fee for a normal, relatively simple Chapter 13 case is $3000, but some of that may be paid through the Chapter 13 Plan. \u00a0Additional charges will apply for legal work beyond the initial case preparation, filing, and 341 meeting. \u00a0In addition to the legal fees, filing fees must be paid to the Court ($306 for Chapter 7 cases, $281 for Chapter 13 cases) and there may be a charge for one or both of the two mandatory classes<\/a>. (Charges vary by provider; some providers sometimes waive the fee.)<\/p>\n Can I make payment arrangements? Yes and no \u2013 it depends. \u00a0If your case is filed under Chapter 13, yes<\/strong><\/em>, a portion of your legal fees maybe paid through the Chapter 13 Plan; then the Plan is<\/em> your \u201cpayment arrangement.\u201d \u00a0The Chapter 13 Plan lasts for three to five years. \u00a0If your case is to be filed under Chapter 7, really the answer is \u201cno,\u201d your legal fees must be paid before the case is filed, and the filing fee must be paid with the filing of the case; but I will happily accept installment payments while we\u2019re getting the case ready to file, so the case can be filed immediately upon final payment of the fees.<\/p>\n As your bankruptcy lawyer, it is my job to arrange your case so we pay as little as possible \u2013 ideally, nothing \u2013 to your general, unsecured creditors. \u00a0That\u2019s the whole point of the bankruptcy — discharge of unsecured debt. \u00a0If I accept your promise to pay me later for your Chapter 7 bankruptcy now, I am a general unsecured creditor \u2013 so if I\u2019ve done my job right, I file your case and, *POOF* \u2013 you don\u2019t owe me the money any more. \u00a0As business plans go, that one sucks! \u00a0I\u2019d be broke and unable to help you or anybody else with their bankruptcies. \u00a0So, I must collect my Chapter 7 fees in advance. \u00a0Under Chapter 13, however, it\u2019s accepted, it\u2019s the norm, that the attorney fees will be paid through the Chapter 13 Plan, so no up-front fees are required.<\/p>\n In a word, everything. All your property, all your debts, all your income, all your dependents, everything.<\/p>\n The bankruptcy code<\/a> requires that you list ALL of your property and ALL of your debts, period. Failure to do so is a felony, a federal crime, and you must answer all the related questions fully and honestly, too, which means you must also disclose any recent transactions, whether it\u2019s paying back Grandma, giving that old truck to your brother, or selling the tea set to your wife’s cousin.<\/p>\n That would be a very bad idea. \u00a0First, if you do<\/em> tell me about these things, right up front, I can usually find a way to save the thing for you legally. \u00a0If you don’t<\/em> tell me about it, I can\u2019t help. \u00a0Second, hiding any<\/em> asset, or hiding the payment of a debt, is a crime \u2014\u00a0a federal felony \u2014\u00a0and they do<\/em> catch folks who try to cheat the system like this. Oh, sure, they don\u2019t catch everybody, but if they suspect anything shady, they have a whole army of investigators \u2014\u00a0it\u2019s called the United States Department of Justice \u2014\u00a0and once they\u2019re looking, they will probably find what they\u2019re looking for. \u00a0If you\u2019re caught trying to cheat, your bankruptcy case may be dismissed \u2014\u00a0probably will<\/em> be dismissed \u2014\u00a0and you could be facing a felony prosecution and prison.<\/p>\n By the way, I don’t do criminal law.<\/p>\n A lawyer is one trained in the law. An attorney is one who represents another. \u00a0An \u201cattorney-at-law\u201d is a lawyer with a client; every attorney-at-law must be admitted to practice law in at least one state. \u00a0An attorney-in-fact is one who is specifically authorized to act for another, typically by a power of attorney.<\/p>\n In most cases, most of the work, for both client and lawyer, comes before the case is filed. \u00a0Generally I expect to meet with you three times before we\u2019re ready to file the case. The first meeting is a free consultation<\/a>; I’ll ask you to tell me all about your case, then we’ll discuss the options available so you can make the best possible choices for your case. Based on those choices, I\u2019ll tell you what other information and documents we\u2019ll need for filing. At the second meeting, we will review those documents and answer any lingering questions; at the end of that meeting, I should have everything I need to prepare your case. The third meeting is to sign the bankruptcy petition and schedules; when they\u2019re signed, the case is ready to file.<\/p>\n Technically, no; it\u2019s perfectly legal for you to file your own bankruptcy. \u00a0Legal, but stupid. \u00a0A typical bankruptcy petition, with its required schedules and other forms, runs 50 to 80 pages or more, and failing to fill out the forms properly can be truly disastrous. You don’t want to be one of those penny-wise, pound-foolish folks who file their own case, hoping to save themselves the cost of a lawyer, only to lose their home, their cars, and even their retirement accounts \u2013\u00a0the very things they were trying to save through bankruptcy! \u00a0As your attorney, I will check and double-check every entry to ensure we\u2019re using the bankruptcy code to work for you, not against you. \u00a0But, hey, don’t \u00a0take my word for it \u2014 check out what the United States Trustee says: \u00a0Filing for Bankruptcy Without an Attorney<\/a>.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" What is bankruptcy? Bankruptcy is a federal law that provides a fresh start to people who are drowning in debt. Why John Bodle? Because I\u2019m easy. Oh, sure, I\u2019m a lawyer, and there are a lot of things I do \u201cjust so\u201d to make sure they get done and get done right, and often […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":5,"comment_status":"open","ping_status":"closed","template":"","meta":{"footnotes":""},"yoast_head":"\nWhy John Bodle<\/a>?<\/h4>\n
How much does it cost?<\/h4>\n
Why do I have to pay the legal fees for a Chapter 7 bankruptcy in advance?<\/h4>\n
What must I list on my bankruptcy schedules?<\/h4>\n
Do I have to list the $500 I owe my grandmother? Do I have to list the antique truck I got from my dad when he died? It hasn\u2019t run for years. What about the silver tea set my wife inherited from her mother, that\u2019s been in the family for generations?<\/h4>\n
What if I just don’t tell you about the truck and the tea set?<\/h4>\n
What\u2019s the difference between a lawyer and an attorney?<\/h4>\n
What do I have to do to file bankruptcy?<\/h4>\n
Do I need a lawyer to file bankruptcy?<\/h4>\n