Is an attorney necessary?

[no1chebon]

What is the name of your state? Kansas

If the Bankruptcy court assigns a mediator, of which I assume
is the reason for a cost on filing, then how would a third-party
attorney be beneficial on a Chapter 13 filing?

I haven't yet seen any information on 'how soon' does one
file for chapter-13?

Thanx for the assistance....

 

[Ladynred]

How soon ?? Not sure what you mean ? If you're in serious debt and can't pay your bills, then its probably time to file. I don't think the same precautions about charges 60-90 days prior to filing have the same impact in a 13 as they do a Ch 7, even though unsecured debt is often discharged w/o any of it being paid as in a Ch 7. There can still be fraud charges in a 13 though.

 

[no1chebon]

Is attorney necessary...?

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Thank you for the kwik response. ...
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My mistake on timing situation. I forsee $2000 salary drop in September of this year. Our monthly expenses deem this
$2000 as necessary. We cannot pay all of our creditors without
the 2k each month. This is the reason a Chapter 13 sounds more
of a plan which meet our wants. We wish to continuing paying but
with less to each of our creditors? or whatever plan the courts decide? We wish to retain all of our possessions. I am fifty years old and will retire at 60.
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No fraud is intended nor is it even to be considered...
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Thanx again....

 

[Ladynred]

About the only time the courts decide on which type of BK you end up with is if you're going for a Ch 7 and the Trustee decides you have enough disposable income to pay some of your bills and would force you into a Ch 13 instead. For the most part, its up to you to decide which CH to file for. If you have assets to protect above and beyond your state's exemptions or if you have significant disposable income, then 13 is a good choice. Just make sure you don't underestimate your true yearly expenses. Far too many Ch 13's end up being converted to 7's becuase people can't make it under the 13 plan.

I didn't mean to imply any attempt at fraud, I was just pointing out that charges made within a certain time frame prior to filing may not be discharged or could be construed as trying to get away with something.