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Directories of Milltown, SD Bankruptcy Attorneys
Finding a Bankruptcy Lawyer in Milltown, SD
Residents of Milltown, SD will want a bankruptcy attorney that is familiar with filing cases in the South Dakota District Bankruptcy Court, and has experience with the trustee that will be appointed to your case.
Directories of Milltown, SD Bankruptcy Attorney Advertising
Here are a few selected websites that offer directories of attorneys that serve Milltown,SD and Hutchinson County. Not all attorneys list on all directiories, so we offer a choice here, and make it convenient to access the widest possible selection of Milltown, South Dakota bankruptcy lawyers.
Nolo offers lawyer profiles and asks the attorneys whether they're open to the idea of working with people who have read up on the subject of bankruptcy.
Each year, LSC updates appendix A to 45 CFR part 1611 to provide client income eligibility standards based on the most recent Guidelines. The figures for 2023, set out below, are equivalent to 125% of the Guidelines published by HHS on January 19, 2023.
In addition, LSC is publishing a chart listing income levels that are 200% of the Guidelines. This chart is for reference purposes only as an aid to recipients in assessing the financial eligibility of an applicant whose income is greater than 125% of the applicable Guidelines amount, but less than 200% of the applicable Guidelines amount (and who may be found to be financially eligible under duly adopted exceptions to the annual income ceiling in accordance with 45 CFR 1611.3, 1611.4, and 1611.5).
Legal Services Corporation 2023 Income Guidelines *
Size of household
48 Contiguous states and the District of Columbia
Alaska
Hawaii
1
$18,225
$22,763
$20,963
2
24,650
30,800
28,350
3
31,075
38,838
35,738
4
37,500
46,875
43,125
5
43,925
54,913
50,513
6
50,350
62,950
57,900
7
56,775
70,988
65,288
8
63,200
79,025
72,675
For each additional member of the household in excess of 8, add:
6,425
8,038
7,388
* The figures in this table represent 125% of the Federal Poverty Guidelines by household size as determined by HHS.
Reference Chart—200% of Federal Poverty Guidelines *
Size of household
48 Contiguous states and the District of Columbia
Alaska
Hawaii
1
$29,160
$36,420
$33,540
2
39,440
49,280
45,360
3
49,720
62,140
57,180
4
60,000
75,000
69,000
5
70,280
87,860
80,820
6
80,560
100,720
92,640
7
90,840
113,580
104,460
8
101,120
126,440
116,280
For each additional member of the household in excess of 8, add:
10,280
12,860
11,820
* The figures in this table represent 200% of the Federal Poverty Guidelines by household size as determined by HHS.
See Also
Justia.com's Milltown, SD Legal Aid Directory (Started by original FindLaw founder and "free law" pioneer, Tim Stanley, Justia.com has localized listings & profiles of attorneys that have been listed on lawyer directories services, and Cornell University's LLI project.)
Should You Use a Bankruptcy Petition Preparer (BPP)?
When deciding whether to hire a Bankruptcy Petition Preparer (BPP), the most important thing to remember is that a BPP is not a lawyer and can’t provide any legal advice about your bankruptcy. To make this perfectly clear, federal bankruptcy law requires that BPPs give you a contract (Form B119) that includes all the things they’re not allowed to do and all the topics they can’t discuss. The form primarily covers anything that might be considered legal advice, including:
whether you should file for bankruptcy
which type of bankruptcy to file
whether your bankruptcy case will be successful
what kind of property you will or won’t get to keep
whether to list certain items of property or how to describe your property, or
whether you should promise to repay debts to any of your creditors.
That said, if you need the equivalent of clerical help with your forms, a bankruptcy petition preparer can produce the forms you need for a reasonable fee. A good BPP will have the necessary forms and software to do this job quickly and efficiently. But for legal information and advice, you must look elsewhere.
What Is a Bankruptcy Petition Preparer?
A bankruptcy petition preparer is a person or business—not a lawyer or someone who works for a lawyer—who you pay to prepare your bankruptcy documents. Following your specific directions, the BPP creates the bankruptcy forms that you will file in court. BPPs often use a bankruptcy software program to do this job.
What Rules Apply to Bankruptcy Petition Preparers?
describing themselves as debt relief agencies providing services under the federal bankruptcy code
not using the term “legal” or any term that might lead you to believe they are providing legal services
charging reasonable fees (usually between $100 and $200)
providing the contract mentioned above that describes their services and fees
providing disclosure forms that summarize bankruptcy procedures
including their name and tax ID number on all documents they prepare
not collecting any bankruptcy court fees, and
filing a disclosure with the court saying how much they charged you.
The rules apply only to professional BPPs. If a friend, for example, helps you fill out your papers, they don’t have to meet these requirements.
What to Know Before You Hire a Bankruptcy Petition Preparer
Before you hire a bankruptcy petition preparer, familiarize yourself with what they can and cannot do and be sure you have good sources for the legal help you need. If you use a BPP and not a lawyer, you must understand that you are representing yourself in bankruptcy court. You will be responsible for making all of the legal choices in your case and you must provide the BPP with complete and accurate information so they can properly complete your forms.
Here is a breakdown of what bankruptcy petition preparers are not allowed to do and where to find more about each topic in the book How to File for Chapter 7 Bankruptcy.
I am forbidden to offer you any legal advice, including advice about any of the following:
The book won't give you specific advice, either, but it does discuss important facts to consider when making decisions.
• whether to file a petition under the Bankruptcy Code (11 U.S.C. § 101 et seq.);
Whether you should file for bankruptcy
Chapter 1
• whether commencing a case under chapter 7, 11, 12, or 13 is appropriate;
What kind of bankruptcy you should file for
Chapter 1
• whether your debts will be eliminated or discharged in a case under the Bankruptcy Code;
Which debts you can eliminate
Chapters 5 and 9
• whether you will be able to retain your home, car, or other property after commencing a case under the Bankruptcy Code;
Whether you'll lose your house, car, or other property
Chapters 3, 4, and 5
• concerning the tax consequences of a case brought under the Bankruptcy Code;
how your taxes may be affected if you file for bankruptcy
Not covered
• concerning the dischargeability of tax claims;
Whether or not your tax debts will be wiped out
Chapter 9
• whether you may or should promise to repay debts to a creditor or enter into a reaffirmation agreement with a creditor to reaffirm a debt;
Which secured loans are worth keeping, versus other options, like surrenduring the property
Chapter 5
• concerning how to characterize the nature of your interests in property or your debts; or
Whether property is exempt and which exemption category it belongs to
Chapters 3 and 4
• concerning bankruptcy procedures and rights.
What happens in a bankruptcy case; what are your rights
Covered throughout the book
What is UpSolve, And How Does It Work?
What is UpSolve?
You may or may not have heard of UpSolve, but if your income is below the state median, and your bankruptcy is simple (and isn't about student loan debt), UpSolve may be able to help you file your bankruptcy paperwork with their free app.
The Upsolve "tool" guides you through the process of uploading your necessary information, and filling in the required forms, via an interview-based process like TurboTax, or WillMaker.
It was launched in Brooklyn by a couple of Harvard "social entrepreneurs", who would be called public interest lawyers, but one of them is not a lawyer... hence the moniker "civil rights entrepreneur."
I've met the founder, Rohan. He came up to Berkeley and introduced himself when he was at the Y-Combinator down in Stanford. He's a good guy.. He thanked me for blazing the "access to law" trail with Nolo — a trail which he has so aptly taken and continues to blaze in new directions. UpSolve has taken up the mantle that uncontested legal matters should not require a lawyer — an idea that was advocated back in the 1970's by Ralph Warner & Ed Sherman of the California do-it-yourself-law publisher Nolo Press, whom I joined in 1987 and worked with for 17 years (before getting restless and launching this site).
UpSolve is what is known as a Bankruptcy Petition Preparer (a BPP). That is, a service that can help prepare your bankruptcy petition, but can't give you advice along the way.
BPPs have been around for a long time. But UpSolve has automated the bankruptcy petition preparation process and made it free, thanks to nonprofit funding — and a business model that knows that a certain percentage of users won't qualify for their free tool, and are turned into paid leads, sold to local bankruptcy lawyers for free consultations.
In UpSolve's words..
Although many of UpSolve’s informational articles are drafted or reviewed by attorneys, Upsolve is not a law firm or a substitute for an attorney or law firm. By using Upsolve, you do not enter any form of attorney-client relationship with Upsolve.
UpSolve provides an online web app that helps you file for bankruptcy for free on your own, if you have a simple case and pass their eligibility criteria. They do not provide any form of legal advice and absolutely no communication between you and Upsolve should be considered legal advice.
If you do not qualify for UpSolve's free web app, or you do not want to use it, they provide access to private independent attorneys at your specific direction. Attorneys pay Upsolve for the chance to provide free evaluations to people who ask for them.
UpSolve's revenue model generated more than $400,000 in lead based revenue from private attorneys, according to their 2021 partner letter.
Note: Selling leads to attorneys is the same way that LegalConsumer.com makes money. It's the way pretty much all free information services make money, by charging advertisers rather than users.
Who Qualifies for UpSolve's free app?
If you meet their criteria, UpSolve offers a service where you can upload your information and pay stubs and get back filled in schedules for you to submit to the court.
situation requires no "adversary proceedings" or "lien avoidance"
Have filed their tax return for the current tax year
have pay stubs to submit
They'll also tell you who is going to be your trustee and give you a brief video of what to expect when you meet with the trustee at the 341 meeting.
It's still up to you to complete credit counseling, but they have some built in offers for that too.
Should you use it?
All in all, UpSolve does a decent job of automating the bankruptcy filing for those debtors who don't have real estate, and who owe the right kind of debt, and have income low enough to qualify for their free service.
There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.
Although I write self-help law books, I realize that -- when it comes to complex forms, tight deadlines, and piles of details -- not everyone is cut out for do-it-yourself law.
Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy and complete work carefully, and on time, and meet all filing requirements and deadlines. (If you're not the type of person that is willing to follow instructions carefully, then self-help bankruptcy is probably not for you. For more discusion, see the help topic: Do I Need Lawyer?)
Indeed, there are many ways that a lawyer can help you in filing for bankruptcy. Here are at least ten ways that come to mind:
Help you classify exempt property.
Help answer issues about debt and expenses on the means test.
Help decide whether bankruptcy is the best solution for your particular situation.
Help you organize all of your relevant financial details into the appropriate forms.
Help you meet all filing requirements and deadlines for the .
Help you analyze whether you qualify for lien avoidance (and decide when to use it)
Help you untangle complicated property ownership issues with jointly-owned property and divorce.
Help decide if a Chapter 13 bankruptcy is the right option for you.
Help you write a Chapter 13 plan that the trustee assigned to your case will accept.
Give you local knowledge about what your trustee generally allows when it comes to "reasonable" expenses.
Like tax law, bankruptcy is a specialty. Someone claiming to be a bankruptcy lawyer should be able to point to experience and deep knowledge of the specialized law of bankruptcy, and specifically, your local court.
Most bankruptcies are routine for someone who has done many of them. Chances are very good that an experienced bankruptcy attorney has seen your situation many times before. The lawyer you choose should be able to advise you on the best way to proceed with your bankruptcy given your assets, your debts, your secured debts, whether there are cosigners, and other issues.
If you're going to pay for a bankruptcy lawyer, make sure you get a good one. Just because someone is a lawyer does not mean they are knowledgeable about bankruptcy law. Do your homework before you hire someone.
There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.
Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy. (If you're not the type of person that is willing to follow instructions carefully, then self-help is probably not for you.)
Your Financial Situation
If your debts consist only of unsecured credit card debt, you may well be able to file for bankruptcy on your own.
However, other factors to consider are the amount and type of property you own. If you own your home, have substantial retirement savings, or other substantial assets you may want to consult with a lawyer to make sure your property is not at risk.
A good way to approach the decision of whether to hire a lawyer is to buy (and read) Nolo's book How to File for Chapter 7 Bankruptcy. It will give you a good idea of what issues may arise when you file, and flags specific situations when a lawyer's help is called for. It will also give you a good idea of whether the filing process seems to complicated for you.
If your financial situation is simple, but you just don't want to deal with the forms, you might consider a using a Bankruptcy Petition Preparer to handle the form preparation.
Some lawyers may be willing to review your situation without taking on your entire case. If they see that your situation is very simple, some lawyers might even tell you that you can do it yourself.
Other Resources, Other Opinions
Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyers... guess what... think you should always have a lawyer. But, seriously, they make some worthwhile points that are worth reading as you decide what to do.
If you hire a lawyer, make sure your lawyer is an experienced bankruptcy lawyer. Bankruptcy is a complex, unique area of law that is not something that a general practitioner can learn overnight. Ask your lawyer how many bankruptcies they have filed.
Your lawyer will probably have you fill in a questionnaire about your property, debts, expenses and income. A good lawyer will be able to determine quickly what kinds of debts will be dischargeable in bankruptcy. The lawyer should advise you to get credit counseling before you file, and will may even have a computer terminal in their office where you can do the counseling right there, online. Many lawyers have preferred credit counselors that they work with.
Lawyers are responsible for making sure that your information is accurate, so they will be asking you to bring in documentation about your finances, including pay stubs, tax returns, etc.
Bankruptcy Petition Preparers are non-lawyers paid by consumers to prepare bankruptcy documents, for filing in court.
Anyone can be a BPP, provided they comply with the rules governing BPP practice contained in the bankruptcy code.
Customers who use a BPP are representing themselves in the bankruptcy court. This means they are responsible for making the choices required of them in their case. They must also provide the BPP with complete and accurate information to be entered in the documents.
Because BPPs are not lawyers, their customers must obtain necessary legal information and advice from an independent source such as a self-help law book or a lawyer.
-
Rules for Bankruptcy Petition Preparer Practice
As a debt relief agency, you are liable to your customers if you are negligent in performing the services required by the bankruptcy law or other services you have agreed to provide.
Specific Bankruptcy Petition Preparer Requirements:
As a BPP you must: • sign and print your name, address and social security number on documents you prepare (the official bankruptcy documents provide spaces for this information) • provide your customers with an official notice explaining that you are not an attorney and can’t practice law or provide legal advice • provide your customers with copies of the documents to be filed, and • file an official document with the bankruptcy court disclosing your fees.
The new law specifically prohibits BPPs from:
1) providing customers with information or advice about bankruptcy, including:
• Whether to file bankruptcy • What type of bankruptcy to file • What debts will be cancelled • What property can be retained • Tax consequences of filing bankruptcy • Whether tax claims can be cancelled • About repayment options • About the nature of the customer’s debts, and • About bankruptcy procedures and rights.
2) using the word “legal” (or any similar term including “paralegal”) in advertising
3) advertising under any category that includes the word legal (or any similar term)
5) charging a fee higher than the maximum allowed by the court in which the documents will be filed.
6) advising a customer to exclude assets or income that must be included on applicable forms
7) advising a customer to use a false Social Security account number
8) failing to inform a customer that he or she is filing for bankruptcy relief, or
9) preparing a document for filing in a manner that fails to disclose your identity
With the training and materials offered by the Bankrutpcy Law Project, there should be no reason to violate any of these rules. But if there are violations, stiff fines may result, and repeated violations or fraudulent acts may result in a loss of your right to engage in BPP practice.
Credit counseling is now required for all persons filing for bankruptcy. It costs about $50 and can be done in person, on the phone, or over the internet.
A credit counseling session generally lasts about 90 minutes. They'll review of your financial situation, give you information about your rights and options, and propose a repayment plan for resolving your debt problems, if possible.
Credit counseling organizations are now screened by the federal government and only approved organizations can be used in bankruptcy. (Click here for the list of approved credit counseling agencies.) This regulation is a good thing. The field rife with rip-off artists and the regulation has been welcomed by legitimate credit counselors.
Debt consolidation is the practice of taking out one large loan to pay off a bunch of smaller debts that are charging higher interest.
Debt consolidation may or may not be a good idea, depending on your situation. Lower interest is a good thing, but turning unsecured debts (like credit card bills) into secured debts (like a home equity loan) can be a costly mistake if you eventually file bankruptcy anyway. Unsecured debts can often be eliminated in bankruptcy, while most secured debts cannot. If you can't pay your secured debt -- or if the payments are late -- you may lose your home.
Also, the fees for setting up such loans can be expensive.