Be Debt Free

  1. Home
  2.  » 
  3. Articles
  4.  » The History Of The “$40 To File” Bankruptcy

The History Of The “$40 To File” Bankruptcy

By G. Dezenberg & Smith, Attorneys At Law, Jr.

Prior to October 17, 2005, and the advent of the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” a.k.a. “BAPCPA”, we would file your Chapter 13 Bankruptcy with “No Money to File”. Court filing fees would be paid through the Chapter 13 Plan as would attorney fees, and Credit Counseling Certificates and Financial Management Certificates did not yet exist.

With the enactment of BAPCPA on October 17, 2005, persons filing Bankruptcy were REQUIRED to obtain a Credit Counseling Certificate from a Credit Counseling Agency PRIOR to filing for Bankruptcy Relief. Further, a Financial Management Certificate had to be obtained AFTER filing in order to qualify to receive a Bankruptcy Discharge. The cost of the two certificates usually runs $40. (Some providers charge $20 for the first certificate, $20 for the second; others charge $25 for the first certificate, $15 for the second.)

Upon enactment of BAPCPA we began to offer “$40 To File” Bankruptcies to take the place of the “No Money to File” Bankruptcies of the past. As you can see, the only difference is the need to pay for Credit Counseling Certificates and Financial Management Certificates now mandated by the U.S. Bankruptcy Code!

If you need to STOP A FORECLOSURE……..

If you need to PROTECT A CAR FROM REPOSSESSION……

If you need to RELEASE A GARNISHMENT………

If you need to CONSOLIDATE YOUR BILLS………

THEN A “$40 TO FILE” BANKRUPTCY MAY BE RIGHT FOR YOU!

A “$40 to File” Chapter 13 can be filed to offer you IMMEDIATE PROTECTION!

When you file a Chapter 13, you are required to file a Petition containing your name, address, and social security number and Schedules listing your assets, income and expenses, means test, Statement of Financial Affairs, and a list of your creditors. The Court allows you to file these two items separately!

Filing the Schedules within two weeks of the Petition being filed has come to be known as an EMERGENCY FILING. Basically you file your name, address and social security number with the Court and get an AUTOMATIC STAY ORDER to protect your wages, money and property, and then you file your SCHEDULES within 14 days.

THERE IS NO EXTRA CHARGE FOR FILING YOUR PETITION AS AN EMERGENCY FILING! $40 WILL GET YOU FILED AND GET YOU PROTECTED!

If you are facing a Garnishment……………..

If you are worried about a car getting Repossessed………..

If you have a Foreclosure scheduled……………..

If you are a party to a Lawsuit………….

$40 WILL GET YOU PROTECTED!!!

Call the law firm of DEZENBERG & SMITH today to get protected. As long as you haven’t filed a Chapter 13 before where the Court Filing Fee did not get paid to the Court, we can get you protected for $40! (The Court makes you pay the $310 filing fee up front if they were ever not paid a filing fee in a prior case.)

FOR A FREE CONSULTATION CALL US AT (256) 533-5097 OR STOP IN AT OUR OFFICES AT 908-C NORTH MEMORIAL PARKWAY IF YOU HAVE A FINANCIAL EMERGENCY. WE CAN HELP!