Bankruptcy for debt in AZ & KY, but live in Michigan

[mistakes1025]

What is the name of your state (only U.S. law)? Michigan

I am seeking a bankruptcy attorney for credit card & a repo debt incurred in AZ & KY, totaling about $40,000, most of which defaulted in 2005 & 2006.

1. Do I need to hire a bankruptcy lawyer specific to the state to which the debt incurred?

2. What protections does bankruptcy law provide against past credit card companies filing judgment suits against me? How does their statute of limitations play into this?

3. I have no written record of each defaulted debt except for what is stated on my credit report. Will this be sufficient enough for a bankruptcy lawyer to use in order to file the bankruptcy paperwork?

4. Typically what are the fees associated with this and how can I do this for the most economical way? I am currently unemployed.

Thanks.

[NC Mom in Indy]

Originally Posted by mistakes1025

What is the name of your state (only U.S. law)? Michigan

I am seeking a bankruptcy attorney for credit card & a repo debt incurred in AZ & KY, totaling about $40,000, most of which defaulted in 2005 & 2006.

1. Do I need to hire a bankruptcy lawyer specific to the state to which the debt incurred?

You need to hire a lawyer for the state that you reside in.

2. What protections does bankruptcy law provide against past credit card companies filing judgment suits against me? How does their statute of limitations play into this?

Bankruptcy provides an automatic stay, so they cannot collect. If debt was incurred using fraudulent information then you're SOL.

3. I have no written record of each defaulted debt except for what is stated on my credit report. Will this be sufficient enough for a bankruptcy lawyer to use in order to file the bankruptcy paperwork?

A bankruptcy attorney will review your credit report prior to filing. If they have to track down infomation it may cost you more.

4. Typically what are the fees associated with this and how can I do this for the most economical way? I am currently unemployed.

You need to obtain a job. You must be employed to file BK. The fees will vary depending on your case.

[bigun]

You file bk in the state where you resided the majority of the past 180 days. If that's Mi. then a Mi. lawyer can handle the debts. Where they were created is no issue unless, any have been reduced to a judgment. If that's the case, you'll need to retain a lawyer in that state post bk to get the judgments vacated. Prety routine.

Once you file bk a automatic stay goes into affect protecting you from any collection activity. Once discharged the stay morphs into a permanent injunction. If anyone tries to collect or sue post bk, they are in violation of the bk code and you can sue them for damages.

You really need no proof of whom you owe. Your credit report is a good starting point. ANy old collection letters? Take a bath in the soothing waters of bk. List anyone who can conceivably have a claim. Your lawyer will walk you through this.

Most bk lawyers give free or lowcost initial consultations. Speak with a few and get all your options explained. Be sure to ask about fees.