December 2, 2009

If I file bankruptcy will I be relieved of my credit card payments?

how to file for bankruptcy
delsey2007 asked:


I have 2 credit cards bills and a few medical bills and no job to repay them.

I don’t own anything. No car, no home, nothing that they can take.

If I were to file bankruptcy would this eliminate the credit card payments and medical bills?

I live in WV. Exactly how much would it cost to file bankruptcy?

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8 Comments

  1. about $1500 to file with an atty. But you may not even have enough to file over get a job and become responsible for YOU

    Comment by golferwhoworks — December 2, 2009 @ 8:10 pm

  2. Unless your debts equal several thousand dollars bankruptcy is probably not the best thing. Most attorneys will consult for free, so I recommend you do that first. It is possible to file yourself, which is what I did a long time ago. The filing fee was around $100, if I recall. Could be very different now.

    Comment by misslabeled — December 5, 2009 @ 4:23 pm

  3. I don’t know how much it would cost, but it would hold off creditors, and protect you from making payments.

    Comment by bgramsrule — December 6, 2009 @ 2:52 pm

  4. In your case, not owning any assets would most likely qualify you for a chapter 7 bankruptcy.
    You would have to take a means test to see if you qualify for chapter 7 bankruptcy.
    1st. Stage of the Bankruptcy Means Test: Check to see if the monthly average of your last 6 months gross income is below the median income for your state. If it is you can file Chapter 7: State Median Incomes
    West Virginia
    1 eaner $37,275
    Family Size
    2 people $41,280
    3 people $49,111
    4 people $57,552

    2nd. Stage of the Bankruptcy Means Test: If your income is slightly higher than your state’s median income you may still be able to file Chapter 7. Your bankruptcy lawyer will be able to make this calculation and also advise on allowable expenses that can be used in the calculation.

    Also, a person filing Chapter 7 bankruptcy will have to take an approved Credit Counseling Course within the 6 months before he or she files. Your bankruptcy lawyer can set this up for you. In some cases the course can be taken over the Internet. You will also have to complete an approved Financial Management Course before you can be discharged. Your bankruptcy lawyer can set this up for you.

    Here is a link to download the form you will have to fill out

    As to the cost, it varies but on avverage it costs about $300 to file a Chapter 7 bankruptcy. A bankruptcy lawyer’s fees vary but should be in the range of $1,000 to $2,000

    Hope this helps answer your questions

    NOTE: This communication is not intended as and should not be interpreted as legal advice but is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to constitute legal advice to any person reviewing such information..

    Comment by Sgt Big Red — December 8, 2009 @ 7:57 am

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