Ask a Bankruptcy Lawyer November 2006

If you have a general question about filing bankruptcy, you can submit your questions here. Please note that all questions received are answered by a real bankruptcy attorney, however, the answers given are only meant to be general in nature and are not meant to replace legal advice.

If you are outside of California and need an attorney, click here to find an attorney. Again, none of the information found on this site is meant to replace the advice you can obtain through a qualified legal professional, in your own state (as certain things differ by state in bankruptcy), who has taken the time to look at the specifics of your case before answering.

Questions about using Bankruptcy Lawyer vs. Filing Pro Se

Q: "What advantages are there to filing bankruptcy through a lawyer rather than filing pro se, if any? What can I expect to pay in lawyers fees if I go that route?"

Signed: Worried about costs, California


A: The advantage is having your case done correctly. Think of it in terms of trying to do surgery on yourself vs. having a surgeon do it. Surgery can be expensive, but it's better than bleeding to death in your living room. See http://www.bklaw.com/california_lawyer/hiring_bankruptcy_attorney.html for more on this topic. Attorneys fees vary depending on where you are, who you hire, what chapter you're filing, the complexity of your case, and other factors. Most attorneys provide free, or low cost, initial consultations at which time you will be given a fee quote.



Is a Back Child Support Payment Considered Income When Filing Bankruptcy?

Q: "A debtor files Chapter 7 with her current spouse. She does not receive court-ordered child support from her ex-spouse of 14 yrs., although for the past two years she has received a check in the fall that appears to be the ex-spouse's income tax refund, for approximately $4000.00. As this money is not guaranteed, does not come in monthly installments, as it was court-ordered to be, and therefore cannot be worked into a monthly budget as "income", is it still viewed as an exemption? Specifically, if the support check was received after filing but before the 341 meeting?"

Signed: Perplexed about back child support, Arizona


A: Exemptions are statutory "protections" of assets. Income is not an exemption; it is income. I'm not sure what question you're trying to ask. If the debtor is entitled to money on the date the bankruptcy case is filed, whether that's a tax refund, or spousal support, or whatever, then that is an asset of the bankruptcy estate. Whether or not a given asset is exempt depends on the laws of whatever State's exemption laws apply (usually the State where the case is filed, but not always).

Ask a Lawyer Archives:

+   Is your median income the only factor in deciding if chapter seven is allowed?
+   Can the IRS come after back taxes of a discharged debt years later?
+   Do I list original debtors, collection agencies or both on my bankruptcy filing?
+   Is bankruptcy an alternative to home buying investments gone bad?
+   How is income determined when deciding if you are eligible for bankruptcy?
+   Can filing bankruptcy wipe away student loan debts?
+   Two houses and backed up credit card payments; Is bankruptcy best?
+   What counts as legitimate living expenses when filing bankruptcy?
+   Questions about using a bankruptcy lawyer vs. filing Pro Se
+   Is a back child support payment considered income when filing bankruptcy?
+   Will claiming bankruptcy affect the co-signer on my car?
+   Does one spouse filing bankruptcy affect the couple's joint tax return?
+   I can't pay an accident judgement, can bankruptcy get rid of it?
+   How are joint marital assets affected by a wife's bankruptcy filing?
+   Do I have to claim my 401K withdrawl as income?
+   Can I sign over a car to my daughter prior to filing?
+   Chapter 13 in danger of being dropped but would like to save the house
+   Debt collector calls may force us into bankruptcy
+   Husband claiming bankruptcy, but the wife has good credit
+   Need tips to find a credit counseling agency