How do you start the Ch.13 process?

[JPOP1]

I'm looking at having to file Bankruptcy and I'm curious to know, with the new laws, how do you get started. I have read that you actually have to start out with credit counseling first. Is this correct? How long do you have to do the credit counseling before you can file?

[Minnymouth]

First of all, you just don't go "INTO" a Chapter 13.....

Have a consultation with at least 2-3 attorneys (free).... regarding your financial issues..... see what they say, what options are open for you to consider and where you might stand if you do file bankrutpcy.... Chapter 7 may be better for you..... if not a Chapter 13 might apply..... This all depends on a LOT OF INFORMATION ABOUT YOU....

Check out the "sticky's" at the top of each section of the forum.... It will help you determine what you need to take to the attorneys and what they are wanting and looking for.

Do your reading!!!!!! Don't start without reading about the types of bankruptcy, how they work, and what they consists of....

Will give you a better "overview" of what your getting yourself into.....

There is a govt. means test that will tell you where you stand financially and how much your exemptions will be for your state and the size of your family...

All this has to be considered in your bankrutpy.....

Do a lot of reading, ask questions, and we will help all we can....

[SinkingFast]

Minny's wise words again there.

Do call and schedule appointments with attnys for Consults. I'd suggest 3 so you get different perspectives and maybe even a concensus opinion on the best approach for your particular case.

Here's a link for you so you can look up info about the Means Test for your State:

http://www.usdoj.gov/ust/

You'll find the Median Income and Schedules allowables there.

Unless you're facing a Foreclosure or a Law Suit, you're not under the gun to file. Take time to learn on your own. There are lots of little tips that you can do for yourself. Things attnys won't tell you. Some things you can do in advance to help yourself later.

[aa06a47]

I'm looking at having to file Bankruptcy and I'm curious to know, with the new laws, how do you get started. I have read that you actually have to start out with credit counseling first. Is this correct? How long do you have to do the credit counseling before you can file?

Yes, you do need credit counseling. Many attorney's provide that in there fee's now, but you can go to the web site SF gave and find a cc service that is court approved. It is really just filling out a questionaire, giving them 50 bucks and them telling you that you need to see a bk attorney. Key is that they have to give you a certificate to be filed with the petition. You will need to give that certificate to the attorney prior to filing your case.

SF and Mini gave some good advice in there post. See some attorneys and find out your options.

[JPOP1]

Thanks AA06.. Thats what I was waiting to hear.