File Bankruptcy Online -
How It's Done
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It is possible to file bankruptcy
online. Acting as your own counsel is known as a pro se
filing. This may ostentatiously save you money at a time when you are hard-pressed for money, but it might
not be the smartest move in the long-run. Bankruptcy law firms are specialists in the field of
bankruptcy. They are familiar with the bankruptcy law, the procedure, the process and they know how to handle
negotiations, a skill particularly needed in Chapter 13 bakruptcy cases. So saving a few dollars by not
hiring a bankruptcy attorney may end up costing you more in the end, depending on how complicated it is for you
to file bankruptcy online.
Information To File Bankruptcy Online
The US Bankruptcy
Courts have their own websites and they provide a wealth of information. You will find the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005 there, as well as explanations and advice on how to comply with its
provisions. The provisions of each chapter are explained. There is information on the income means
test, the requirement of the debtor's six month mean income compared to the median income for the area. If
his income is greater than the median, he cannot use Chapter 7 bankruptcy. Disposable income is computed by
deducting allowable expenses (determined by using IRS standards) from the mean income. If the figure is less
than $100, the debtor can use Chapter 7 bankruptcy. The online bankruptcy websites will explain the method of asset
valuation (replacement market value) and the state residence requirements of two years. This determines
whether or not a filer can use that state's definitions of assets and exemptions or if they have to use the
previous state's definition or the federal definition.
File Bankruptcy Online
Proceedings
The
online bankruptcy websites also provide all the forms required for the personal bankruptcy filing, with directions
for filling them out. The 2005 bankruptcy law requires a consultation with a United States Trustee Office's
approved credit counseling agency for a pre-filing evaluation. The purpose of this evaluation is to see if
online bankruptcy is the only alternative or if a debt consolidation loan and final management counseling can
suffice. The agency prepares a plan that is presented to the bankruptcy court. Neither the bankruptcy
court nor the filer has to accept the recommendations of the agency. The filer must also complete debt and
financial management classes before the bankruptcy proceedings are finalized.
Some court
websites, like Arizona, have a very streamlined process. There is a questionnaire for the filer to fill out
which among other things includes the incomes test and eligibility for Chapter 7 bankruptcy filings. There
are also video classes, etc. to help the filer. The filer is also put in touch with a bankruptcy
attorney. Different websites take different approaches and present different information.
There are also credit counseling agencies and law firms
that present a myriad of online bankruptcy information. It is possible to go through a bankruptcy
proceeding without hiring an attorney but the debtor is cautioned that it might cost him more in the long-run.
You should definitely seek professional help and not try to file bankruptcy online
alone.
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