In order to file a Chapter 7 Bankruptcy in Alabama, you will need to gather a few documents. At a minimum, Britt Law Firm will need the following items to get your case filed: 1. Your driver's license 2. Your social security card 3. Two of your most recent paystubs 4. The last 2 years of your tax returns 5. A 30-day bank statement for each bank account you have 6. A list of all your creditors, loans, and debts

This is the question we receive the most. At Britt Law Firm, we try to be transparent with our price so our clients will know the full cost of filing. There are 5 components that make up total filing fee: 1. The Court costs which are currently - $338 2. A pre-filing credit counseling course and post-filing financial management course - $55 3. At Britt Law Firm, we pay for a complete credit report that will merge all three major credit reporting agencies so we can be sure to include all of your debts. The cost for the credit report is $90. 4. Britt Law Firm's filing fee - $817 This makes the total price to file a Chapter 7 at the Britt Law Firm $1,300 total including all fees, costs, and expenses.

From the date we file your case, you will receive your discharge and be debt free in roughly 90 days.

You can absolutely keep your car when you file a Chapter 7 Bankruptcy as long as you are current on the payments when you file your case. There is a common misconception that you must give up your car when you file, but this is simply not true. When you file, the creditor will be notified of the filing and will send a Reaffirmation Agreement for you to sign. This agreement basically says that you are filing a Chapter 7 Bankruptcy but you are voluntarily and willing to keep the vehicle loan.

A Chapter 7 Bankruptcy will show up on your credit report for 10 years. However, this not as bad as some people would have you believe. When you file, all of your debt and missed payments will fall off your report. So while the bankruptcy filing does show up, this is typically not as bad as all of the negative reports clients have when they file because of missed payments, lawsuits, etc.. In addition to that, you cannot file a Chapter 7 again for 8 years. Meaning, after you file, you are debt free and cannot file again anytime soon - therefore creditors generally will see you as much less of a risk as opposed to the day before you file.

The general answer is NO, you will never step foot in a courtroom when you file a Chapter 7 in our jurisdiction, barring some uncommon circumstances. This can vary across jurisdictions. After you file, you will have to attend what is called a 341 Meeting of Creditors but for now, this is held telephonically.

There are a few reasons a client may not qualify for a Chapter 7 Bankruptcy but the most common are (1) real estate and (2) income level. 1. Real Estate. You can own real estate and still be able to file a Chapter 7, but that real estate must be either (1) not valued very high, or (2) subject to a mortgage/debt. The Trustee will look at the current tax appraisal of any real estate you own when you file. That number will get compared to the current debt on any mortgage you may have. The difference in those two figures is what is called "equity". When you file, you get what is referred to as an "household exemption" which changes yearly but as of 2024 is currently around $19,000 in Alabama. If you are married, you get to double this amount to $34,000. This exemption amount represents how much equity you may have and still qualify for a Chapter 7 Bankruptcy. If you have more equity that was is allowed, you will need to look at filing a Chapter 13 if you are wanting to keep the real estate. (2) Income level. There is a chart that lists allowable income levels that are based on how many members are currently in your household - your "household size". This chart varies based on your zip code. If you are under this amount, you may file a Chapter 7 Bankruptcy. If you are substantially over this amount, your only option may be to file a Chapter 13 Bankruptcy. There are exceptions and details that can make this equation more complex so it is best to speak with a qualified attorney regarding qualification, especially if you are near the allowable limits.

A Chapter 13 bankruptcy differs from a Chapter 7 bankruptcy in that the fees are not due upfront in order to file. The Court costs may be paid through your monthly debt consolidation payment. They attorney fees are also paid through your monthly payment. This means that you can file a Chapter 13 for as little as $100 upfront. This cost goes towards your required credit counseling and the credit report fee. The low cost due upfront makes the Chapter 13 very attractive for clients who are in a hurry to get filed.

Once you file for bankruptcy, all communication from creditors and debt collectors must stop immediately. This includes phone calls, emails, and more commonly lately - text messages. This injunction is referred to as the "Automatic Stay" and is created by section 362 of the Bankruptcy Code. The Automatic Stay goes into effect as soon as you file and will last the duration of your case. In addition to stopping the harassing phone calls, the Automatic Stay is also the tool that prevents foreclosures, lawsuits, wage garnishments, and other types of collection efforts.

This is probably the second most asked question at our consultations. We cannot make any guarantees or promises of what your creditors will do if you do not file, but we can give you what normally occurs. After you fall behind on your payments, a creditor or a debt collector will usually end up filing a lawsuit at some point. Sometimes this happens very quick but some collectors will try longer to work with you in hopes that you will voluntarily pay without having to file a lawsuit. Once a lawsuit is filed and a creditor gets their judgment, they will usually first attempt to garnish your paycheck. In Alabama, they can take up to 25% of your paycheck until the debt is paid. The other option they have is to file a lien in the Probate Court against any real estate you own. Even if you do not own any real estate today, it will automatically attached to anything put into your name at a later date. This lien can be good for up to 20 years. The debt will earn interest the entire time until it is paid. Once a property is sold, the lien will have to be paid off at the closing table. There are various other methods of collection available to creditors but in our experience wage garnishments and property liens are the most common.