How to File Bankruptcy in Alabama Free
Most Alabama attorneys charge $1,500 and up to assist someone with a Chapter 7 or Chapter 13 bankruptcy action. These lawyer fees don't include the filing fee of approximately $300 that needs to be paid to the federal bankruptcy court in order to open the case. To file a bankruptcy for free in the state of Alabama, you must be able to research the law; find free copies of the necessary forms and prepare them correctly; and prepare, file and support an application requesting that the court fees be waived.
Instructions
- 1
Determine the proper district for filing. Alabama has three districts with United States bankruptcy courts: a northern district, a middle district and a southern district. You will need to file for bankruptcy in the district that handles cases for the county where you live.
2Decide which type of consumer bankruptcy you want to file by researching Chapter 7 and Chapter 13 of the federal bankruptcy law. Many people choose to file Chapter 7 when they have limited income, a great deal of unsecured debt and minimal property. People with a steady income, a good deal of secured debt and property they wish to keep often choose Chapter 13 as a way to pay back a portion of their debts over time.
3Check the web for free bankruptcy forms. The specific forms you need will be dictated by your individual situation and the chapter under which you are filing. Both chapters will include a voluntary bankruptcy petition as well as a number of accompanying schedules that detail your financial state of affairs for the court.
4Prepare the bankruptcy forms correctly. Many websites offer instructions on how to do this along with the actual forms themselves. You will also need to prepare an application for waiver of the filing fee. While you will file this application along with the other bankruptcy forms with the clerk of court, a bankruptcy judge will make the final decision as to whether or not you qualify to have the fee waived.
5Sign all of your forms, make two copies of everything and take the originals and the copies to the clerk of the United States district court where you are filing your case. Once you file the case, an automatic stay begins immediately. During this time, none of your creditors can try to take any of your money or property outside the scope of the bankruptcy court.
6Attend the 341 creditors meeting and represent yourself. At this meeting, you will meet for about 15 minutes with the Alabama bankruptcy trustee who is overseeing your case. He may have some questions regarding the paperwork you have filed. Your creditors are allowed to come to this meeting, but it is rare for them to show up unless you have assets to which they may be entitled.
7Wait to receive an order from the court approving your request to have the filing fee waived. You will probably receive this order in the mail, but you may receive it at the 341 meeting. If the judge orders that you do have to pay the filing fee, you will have to make arrangements to do this before you can receive the discharge that releases you from paying your debts.
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