Bankruptcy Lawyers in Birmingham
Our Birmingham bankruptcy lawyers are currently charging $850 in attorney’s fees for simple, no asset Chapter 7 bankruptcy cases throughout Alabama. This would include most Chapter 7 filings, but there are potentially additional costs if there are complex legal issues such as corporate, divorce, or other such issues that would require a significant amount of additional time to handle or are likely to involve hearings. However, in most cases this flat fee will cover your attorney fees in Chapter 7 cases.
Although a Chapter 7 bankruptcy can be beneficial to you in potentially discharging your unsecured debts, sometimes another type of bankruptcy called a Chapter 13 would be preferable. When you call our bankruptcy lawyers in Birmingham and set up a consultation, we will go over your situation with you and help you figure out which type of bankruptcy is the best option for you.
When you set up your initial consultation to speak with our Birmingham bankruptcy lawyers over the phone or in person in our Birmingham office, we will send you a questionnaire for you to fill out and bring with you to your appointment (if you do a phone consultation, we will typically go through the questionnaire together over the phone). In order to actually file your bankruptcy we will need some documentation depending on your particular situation, but we will almost always need your last two years tax returns, your last six (6) months of income information (usually in the form of your pay stubs), and a list of your creditors whether in the form of bills that you have or a list that you actually write out for us. After going over your situation and determining whether bankruptcy is the right option for you, we can discuss moving forward with your filing.
You will usually be either filing a Chapter 7 or Chapter 13 bankruptcy. A Chapter 13 bankruptcy is basically a three to five year payment plan that is administered through the Bankruptcy Court, where you pay your creditors off over time allowing you to get caught up on certain important bills such as your mortgage or a car payment. For more information on this type of bankruptcy, you can go to our Chapter 13 page. When most people think of filing bankruptcy they are thinking of a Chapter 7 bankruptcy, and that is much quicker and simpler type than a Chapter 13.
However, not everyone can qualify to file a Chapter 7 bankruptcy, and you must be eligible in order to do so. There are certain income based tests that must be performed in order to determine if you qualify and your last six months of pay stubs or other proof of income for the last six months is required in order to make this determination. This income based test basically looks at only your previous six months of household income, which would include your spouse’s income (if you are not separated) since they make up the household income along with you. Therefore, we will likely need some details about your spouse’s income (such as pay stubs) when performing these tests. For more information on whether you are eligible to file this type of bankruptcy, go to our Qualifying to File a Chapter 7 Bankruptcy page.
Once your bankruptcy case is filed, you will have to go to something called a Meeting of the Creditors, no matter which type you file. Our Birmingham bankruptcy lawyers will be there with you for this meeting and if you live in Birmingham or the surrounding areas of Bessemer, Pelham, Trussville, Gardendale, Hoover, Alabaster (or anywhere else in Shelby or Jefferson County) then this meeting will likely be at the Federal Courthouse in downtown Birmingham. The United States Courts are divided into divisions and districts, with Birmingham being located in the Northern District of Alabama, Southern Division. For more information on this hearing, you can go to our Meeting of the Creditors page.
There are many things to consider when thinking about filing for debt relief and you should almost always talk to an experienced bankruptcy attorney in your area before deciding whether to file and, if so, what type of bankruptcy. If you are interested in possibly filing for a bankruptcy, then call us today and set up a consultation with our Birmingham bankruptcy lawyers in our Shelby County office or over the phone.