Every few months, the income figures used to determine whether or not a person qualifies to file Chapter 7 bankruptcy are adjusted. The current means test income figures that have been in effect since November 1, 2009 will be changing March 15, 2010.
My review of the new numbers reveals that it will be a little harder for Oklahomans to qualify for Chapter 7 bankruptcy on March 15 compared to today. This is because the new median income figures are lower than the prior income figures for Oklahoma households of all sizes.
The new median income figures for Oklahoma households are:
- $38,929 (1 person household)
- $50,710 (2 person household)
- $54,328 (3 person household)
- $61,816 (4 person household)
*Add $6,900 for each individual in the household over 4 for cases filed from March 15 through March 31, 2010.
*Add $7,500 for each individual in the household over 5 in cases filed on April 1, 2010 or thereafter.
If a person’s household income falls below these income levels, he/she passes the Means Test and automatically qualifies to file a Chapter 7 bankruptcy.
Most types of income are counted toward these figures, but a few types of income are excluded such as Social Security income.
A person whose household income exceeds these figures may still qualify for Chapter 7 bankruptcy if he/she has enough allowable expense deductions to offset his/her above median income.
A person who fails the Means Test and does not qualify to file Chapter 7 bankruptcy may choose to file a Chapter 13 bankruptcy instead.
I get a lot of telephone calls and emails from people wanting to know how much I charge for a bankruptcy. I usually tell them that’s like calling up a car dealer and asking how much it costs to buy a car. The price depends on a lot of factors.
My attorney’s fee is set based on the specifics of a person’s case. I charge less for a “routine” case and the price increases as the complexity of the case increases.
One thing I can guarantee is that if a person is looking for the cheapest bankruptcy attorney in town, I’m not him. But I’m also not the most expensive either.
Here’s something you should be aware of. The current recession is causing a lot of good people to struggle financially. And bankruptcy filings are on the increase. So attorneys who are themselves struggling financially are attracted to what they see as the latest hot area of law – bankruptcy. This means that attorneys with little bankruptcy experience are jumping into the practice of bankruptcy law and undercutting the fees charged by experienced bankruptcy attorneys.
So understand that I won’t cut my attorney’s fee just because I’m told that another bankruptcy lawyer will do it for less money. I don’t compete on price.
If you’re considering hiring a bankruptcy attorney solely based on who quotes you the cheapest price, be careful. Be very careful.
Some areas of the law are more complex than others. Bankruptcy is one of the more complex areas. You have a lot riding on whether or not your case is handled properly. Mistakes can have huge negative consequences. This is an area where the saying “you get what you pay for” holds true.
Filing bankruptcy is not just filling out some paperwork, and filing some forms, and going to court once or twice. While it sometimes can appear that there’s not too much to filing a bankruptcy case, that’s because a competent, knowledgeable, experienced bankruptcy attorney knows what to do and makes it look easy.
Just like the practice of medicine is complex and specialized, so is the practice of law. Make sure you hire a bankruptcy attorney with experience in bankruptcy. You wouldn’t go to a podiatrist (foot doctor) for heart surgery, and you shouldn’t hire a divorce lawyer or a personal injury lawyer or a worker’s compensation lawyer to represent you in bankruptcy.
And just like you probably wouldn’t want to be a heart surgeon’s first patient, even if he quoted you the cheapest price in town, you really don’t want to be the client of an inexperienced bankruptcy attorney, even if the price seems like a real bargain.
Here are several questions that I suggest you ask the attorney you are considering hiring to represent you in bankruptcy. An experienced bankruptcy attorney who cares about his or her client, will not mind answering these questions:
- How long have you practiced bankruptcy law?
- What percentage of your practice is devoted to bankruptcy?
- How many bankruptcies cases have you filed since the bankruptcy laws were changed in 2005?
- Does the local bankruptcy judge(s) know who you are?
- Can you name the Chapter 7 trustees and do they know who you are?
- Can you name the Chapter 13 trustee and does he know who you are?
- Can you name the Assistant U.S. Trustee and does she know who you are?
- Are you a member of the bankruptcy sections of the Oklahoma Bar Association and your county bar association?
- Are you a member of any national bankruptcy organizations? (You want an attorney who is a member of the National Association of Consumer Bankruptcy Attorneys).
If the bankruptcy attorney you are considering hiring cannot answer these questions comfortably and to your satisfaction, you probably should keep looking for an attorney who can.
If you’re struggling with too much debt and have questions about bankruptcy, contact me today to schedule a FREE initial telephone consultation. Just fill out the Contact Dan form on the far right side of the page and click the Submit button and I’ll get back with you as quickly as I can. Or just give me a call at 918-615-8260. I’ll answer all of your questions in plain English so that you can make a wise decision regarding what would be best for your personal situation.