Time Limit for Filing BK?

[pelliott]

What is the name of your state? Wisconsin

I am disabled and hospital-bed bound, unable to leave my home. I am also way below the poverty-level, and receive Medicaid in addition to my Medicare (on social security disability).

At the end of August/early September of this past year, I contracted with a paralegal for the completion of forms needed to file bankruptcy. There were two serious drawbacks: The court holding proceedings is over three hours away and my attendance at the court is impossible; and there was no way I could come up with the $200 filing fee.

I still have the paperwork, completed, with little change necessary - and I have not yet signed anything. The paralegal, however, did sign her name and date. Is it possible for me to now submit these papers? I am in desperate straits and to find the filing fee will mean skipping important payments, such as utilities, but I don't have a choice at the moment.

Any and all input/suggestions will be greatly appreciated. Thank you.

P.Elliott

 

[Ladynred]

I must ask, first, why are filing for bankruptcy ? It sounds to me that you're pretty judgment-proof if you are on SSI and disability, and bed-ridden. Unless you've got some significant assets that could be siezed by creditors, and your income is certainly exempt, why file for BK at all ? Do you own your home and/or have a lot of equity in it ?

If you can't pay creditors, with your income being totally exempt and the fact that you won't be earning any salary that can be garnished, then even if they were to sue you and win a judgment, it would be almost impossible for them to collect on it. Exemptions from judgments are the same as in bankruptcy. Wisconsin has a pretty generous homestead exemption as well as pretty reasonable personal property exemptions.

Even if you do file for BK (and I don't htink the date of the paralegals signature has ANY bearing at all), you would STILL have to find a way to be present at the 341 meeting of creditors. I don't believe there is any way for you to get around that, you must be there in person.

As I said, unless you've got some serious assets to protect, you might want to reconsider bankruptcy.

 

[pelliott]

Thank you. I'm obsessing over my home, I suppose. My fear being I would be forced to sell it - but even then, the proceeds would go to Rural Development and a couple other funding agencies.

I'll put the papers away for my daughter to discover some day and go "What??"....

pelliott

 

[Ladynred]

Can't blame you for worrying about your home, who wouldn't be ?
Wisconsin's homestead exemption is 40K, which, as I said, is pretty generous compared to many other states.

If a creditor sues you and wins a judgment, they COULD get a lien against the property which would sit there until you try to sell it. Since most of the time they'll do an asset search, they'll see you have no income and may not even bother to try to sue you.

I'd have to look it up in the WI statutes, buy many states have additional protections in place for the disabled.