Full question:
I'm going to be filing for a Chapter 7 Bankruptcy. I live in Washington, DC. Once I file for bankruptcy, how soon after that do the bill collectors stop harassing you by phone and mail? Does the bankruptcy fee have to be paid all at once before sending out letters to the creditors that you are filing a Chapter 7? Is there any way that I can have the filing fee waived? Is it possible that I could do this on my own without going through a lawyer?
- Category: Bankruptcy
- Date:
- State: District of Columbia
Answer:
1. Once you file for bankruptcy, how soon after that do the bill collectors stop harassing you by phone and mail? After filing your bankruptcy petition, an automatic stay is put in place. This means creditors cannot take action against you, including phone calls or mail harassment. If a creditor continues to contact you during this time, they may be liable for damages. The automatic stay remains in effect until your bankruptcy case is closed or dismissed or you receive a discharge.
2. Does the bankruptcy fee have to be paid all at once before sending out letters to the creditors that you are filing a Chapter 7? Generally, the filing fee must be paid upfront. However, if you cannot pay it all at once, you may request to pay in installments. To do this, you need to file your petition with a signed application stating your inability to pay the full fee and propose a payment plan. The court will decide on the number of payments, which cannot exceed four, and the final payment must be made within 120 days after filing, unless extended for cause.
3. Is there any way that I can have the filing fee waived? Unfortunately, filing fees for bankruptcy cases cannot be waived under 28 U.S.C.A. § 1915(a), which allows some civil suits to proceed without prepayment of fees. Courts have determined that bankruptcy courts do not fall under this provision. Therefore, you must pay the filing fee to avoid dismissal of your case.
4. Is it possible that I could do this on my own without going through a lawyer? While you can file for bankruptcy without an attorney, it is often beneficial to hire one. The bankruptcy process is complex, and an experienced attorney can help ensure you accurately list your obligations and protect your assets while eliminating debt. Mistakes in filing could lead to more significant problems than the cost of hiring a lawyer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.