This is a bankruptcy used by consumers to discharge or "wipe out" their debts. Most common debts are dischargeable in Chapter 7. Some common exceptions to discharge include: child support debts, maintenance debts, back taxes, and student loans.

Chapter 7 is also a liquidation bankruptcy in that you are allowed to keep only certain kinds and certain values of property for your fresh start.

I highly recommend using an experienced consumer bankruptcy attorney to advise you about the dischargeability of your debts and if any of your property is at risk if you file a Chapter 7.

Chapter 7 is usually less expensive than filing Chapter 13, and as a rule is over and done with in 4-6 months.

This is a "wage earner plan" or a "pay your debts back" bankruptcy. A single monthly payment is made to the Chapter 13 Trustee, whose job is to distribute your money to your creditors according to the plan you propose.

Chapter 13 may be used if there is a need to stop a foreclosure, and provide an opportunity to pay the missed payments over an extended period of time. I may recommend using Chapter 13 to recover repossessed vheicles, to pay debts that are not dischargeable under Chapter 7, and in situations where property would be lost if a Chapter 7 were filed.

The Law Office of Charles H. Huber will usually charge a flat fee for services. The amount of the fees are set in accord with the guidelines set by the Court (in Chapter 13 cases), and with an eye towards balancing the goal of providing quality representation with the reality that bankruptcy clients need to be able to afford the fees.

In Chapter 7, the attorney fee will be $600.00, unless unusual circumstances are indicated. Such circumstances can be quickly spotted at the initial interview, and you will be so advised. The Court charges a FILING FEE of $299.00 so the TOTAL PRICE is $899.00. This fee does not include fees for credit counseling. The total price must be paid prior to filing. We ask people to pay at least $100.00 when they come for their appointment to get started on the paperwork.

In Chapter 13, the total fees to be charged, over the life of the case (3-5 years) is $3,000.00. This figure was set by the Bankruptcy Court Judges for the Eastern District of Missouri (St. Louis). The UP-FRONT attorney fee charged is usually $500.00. The remainder of the attorney fee will be paid over time in your Plan.The filing fee is $274.00, so it will cost you up-front $774.00 plus credit counseling fees, to get your Chapter 13 case filed.

If you want to come to the office for a consultation to learn more about your options, the Law Office of Charles H. Huber charges $50.00. If you later come back to actually file, you will get credit for the $50.00 towards your bankruptcy fees.

In order to properly assess your financial situation, and advise you on your options under the law, you will need to provide my office with the following information:

1. A list of ALL your creditors (even the ones you want to keep) which includes:
a) The name of the creditor and their complete mailing address.
b) The amount you owe (rounded to the nearest dollar).

c) The account number, if you have one.
d) The date the debt was incurred (month and year, if possible), or the last time the account or service was used.
e) A brief word or two describing what the debt was for.

2. Pay stubs for you or your spouse or roommate for the last 6 months.

3. I will ask you how much you made for the last two tax years. If you are married, or have a roommate, I need to know how much each of you made separately.

4. Any lawsuit or garnishment papers you have been served with.

5. If recently divorced, a copy of your Divorce Decree.

6. Whether we file Chapter 7 or Chapter 13, $100 to get started on the paperwork.

Law Office of

Charles H. Huber
Attorney At Law
Northwest Plaza
500 Northwest Plaza, Suite 911
St. Ann, Missouri 63074
(314) 298-0305

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