Need to file Bankruptcy ! help please I have questions

[speedaddict]

Trying to decide which to file 7 or 13. Called a lawyer and cant afford $1375 for 7 and 13 is $344 for starters but a total of $3950 has to be repayed. Our debt is around $5300 in credit cards, misc and medical bills $17,000, back taxes $5000, back child support $8,000 and 2 cars loans $17,000.

I rent an apartment, own no property.
If I file 7 can my car be repoed right away or do they have to wait until the bk is discharged ?
If I file 13 what % of my debt do I have to repay ?
Can you file 7 and keep your car if you owe on it ?

Our income is around 44k yearly

what are the best current books on Bankruptcy ?

[speedaddict]

also the state I live in is Georgia and I filed a 13 but its been discharged since 1995

[325Falcon]

Taxes and child support cant be dischaged

[speedaddict]

Taxes and child support cant be dischaged

but from what I understand they can be reduced

[keepmine]

In some circumstances, taxes can be discharged. The only entity that can reduce child support payments is, the court that issued the order. Bk won't help with that.
A car can be repoed once a creditor files for relief from stay and the motion is granted.
Yes, you can keep a car in a 7 if, the equity is below what your state exempts and, you are current on the loan.
Nobody can tell you what percent you'll pay unsecured creditors in a 13 without knowing your disposable income. That child support will be repaid at 100%

[MajorMike]

If you went through a 13, wouldn't you know what to expect?
I'm sure there are attorneys who take payments and if you don't pay your creditors, you can afford the attorney...or file pro se.

[speedaddict]

If you went through a 13, wouldn't you know what to expect?
I'm sure there are attorneys who take payments and if you don't pay your creditors, you can afford the attorney...or file pro se.

I filed chapter 13 over 12 years ago. laws have changed since then. yes I have an idea but need current info

[speedaddict]

If you went through a 13, wouldn't you know what to expect?
I'm sure there are attorneys who take payments and if you don't pay your creditors, you can afford the attorney...or file pro se.

whats pro se ?

[rrockinggramma]

generally the advice is if you can file a chapter 7, file a chapter 7but your best bet would be to gather up your information and get a few free consults from some lawyers in your area. With your income and assets he/she can determine which chapter would be the best way to go. You can't discharge the child support or taxes in a chapter 7 or 13 but in a chapter 13 you can make payments on them through the trustee and get them caught up. So depending on that situation, a lawyer can tell you your best option.

[butterflywings]

Filing pro se means filing for bankruptcy yourself without an attorney.

[HAP]

Or in general terms pro se is representing yourself in any type of legal matter whether it be bankruptcy or another type of litigation.

[FreshLikeADaisy]

Speed, the best book on Chapter 7 (in my own personal opinion ) is the one from Nolo Press. I used it to file my own Chapter 7 without an attorney, and I can't tell you how helpful it has been. Although I filed pro se out of necessity (no $$$ at all to spend on an atty and nothing left to beg borrow or steal) I would recommend it even if you intend to hire an attorney: it will definitely help you get the most out of him or her. Here's the link:

http://www.nolo.com/product.cfm/ObjectID/F87C0B36-D2FB-4FE2-801B76AD0792C01A/catid/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/

(Please note that I am not affiliated with these folks in any way, just a satisfied customer.)

Good luck!

[speedaddict]

Speed, the best book on Chapter 7 (in my own personal opinion ) is the one from Nolo Press. I used it to file my own Chapter 7 without an attorney, and I can't tell you how helpful it has been. Although I filed pro se out of necessity (no $$$ at all to spend on an atty and nothing left to beg borrow or steal) I would recommend it even if you intend to hire an attorney: it will definitely help you get the most out of him or her. Here's the link:

http://www.nolo.com/product.cfm/ObjectID/F87C0B36-D2FB-4FE2-801B76AD0792C01A/catid/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/

(Please note that I am not affiliated with these folks in any way, just a satisfied customer.)

Good luck!

thanks for the link