Bankruptcy Representation in Iowa

We advise you before filing and represent you throughout the bankruptcy case. Chapter 7 can discharge many common unsecured debts, including credit cards and medical bills. A discharge is the court order ending your responsibility for debts it covers.

What Representation Covers, Stage By Stage

We begin by reviewing your income, debts and property. We also talk about what you need to protect and what you want the case to accomplish. That helps us determine whether bankruptcy fits your situation and which chapter may work.

Before The Case Is Filed

Chapter 7 eligibility may depend on the means test, which compares your income and other financial information to the rules for filing under that chapter. The means test rules are set out in 11 U.S.C. 707(b). A case can be dismissed if the court finds that filing under Chapter 7 would be an abuse.

Protecting Property And Preparing The Papers

Iowa exemptions are laws that protect certain property during bankruptcy. We review how those protections apply to your home, vehicles and other belongings. The answer depends on the property, its value and the facts of the case.

Federal law lists the information and documents you must provide when you file bankruptcy in 11 U.S.C. 521. The court papers report property, debts, income and expenses. They also ask about past financial activity. You sign them under penalty of perjury, so complete and accurate information matters.

After Filing

After filing, you attend a meeting of creditors required by 11 U.S.C. 341. Creditors are the people and companies you owe. A trustee, the person assigned to review the case, asks questions under oath about your papers and finances. We prepare you for the meeting and attend with you.

Chapter 13 uses a court-approved repayment plan lasting three to five years. It can help you catch up on missed house or car payments over time. Your total debt does not set the monthly payment. The payment is based on income left after payroll deductions and necessary living expenses, subject to court review. In most cases, a large percentage of eligible debt is wiped out after successful completion of the plan.

The trustee or a creditor may object before the court approves the plan. We prepare the plan, respond to objections and represent you while the court reviews it. Our page on repayment plans in Iowa explains how Chapter 13 plans work.

You Are Allowed To Do This Yourself

Individuals may file without an attorney. The federal courts call this filing pro se, which means representing yourself. The federal courts provide guidance about filing without an attorney. The same guidance strongly recommends hiring a lawyer because bankruptcy can have long-term legal and financial effects.

Someone filing alone must follow the Bankruptcy Code, federal court rules and local court rules. The official forms are free to the public. Court employees and judges cannot give legal advice. They cannot choose a chapter for you, decide what information belongs in your papers or tell you whether specific property is protected.

What A Non-Lawyer Is Not Allowed To Do

A bankruptcy petition preparer is a non-lawyer who prepares court documents for a fee. Federal law allows that service but strictly limits it. Federal law lists those limits in 11 U.S.C. 110.

A preparer cannot advise you about:

• Whether to file a bankruptcy case
• Which chapter is appropriate
• Whether particular debts may be cleared
• Whether you can keep your home, car or other property
• The tax consequences of filing
• Whether to reaffirm a debt, which means agreeing to remain responsible for it after the case
• How to describe your property or debts on the court papers
• Your legal rights or court procedures

You still have to make the legal decisions yourself. A preparer can enter the information you provide into the forms. A preparer cannot tell you whether your choices follow the law or protect your interests.

What A Preparer Must Do

Federal law requires a preparer to give you written notice that the preparer is not a lawyer. It must say that the preparer is not an attorney and cannot give legal advice.

The preparer must identify themselves on the documents they prepare. The preparer must give you a copy of each document you are asked to sign. The preparer cannot sign for you, use the word “legal” in advertising or collect the court filing fee.

What Is Different About Filing In Iowa

Iowa has Northern and Southern federal bankruptcy districts. The correct district depends on where you live. Bankruptcy cases in Iowa are filed in federal court under that court’s filing rules.

The Southern District requires its Model Chapter 13 Plan, Form B113. The court explains its Chapter 13 plan requirement in this notice about the required form. We use the required form when we prepare a Chapter 13 plan for that court.

The required forms differ depending on who is filing. Individuals and married couples use the 100 series. A sole proprietor uses that series because the business is not legally separate from its owner. Corporations, partnerships and LLCs use the 200 series. If you own a business, our page on small business bankruptcy help in Iowa explains how a filing may affect you and the business.

Where We Fit

We represent Iowans in consumer bankruptcy cases from the first review through the final court order. We explain the choices, prepare the papers and handle the court process. We also help you understand how filing could affect your debts and property. We do not provide standalone collection defense, debt settlement, lawsuits against debt collectors or credit repair.

We discuss and agree on fees before filing. You can also read what to consider when choosing an Iowa bankruptcy lawyer. You do not need to know whether bankruptcy is right before you call. That is part of what the free consultation is for.

You can request a free consultation or call us at 641-472-5141. Before you call, you can read what to expect from a free bankruptcy consultation.