What is the process needed to be taken to plead poverty and what are the implications?

UPDATED: Oct 19, 2011

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What is the process needed to be taken to plead poverty and what are the implications?

I have a lien on the home that my now ex-husband and I are in the process of selling but due to many unjust accumulated attorney fees there was a lien put on the home (under my name). It is stated and recorded that upon sale of home lien will be lifted but I have very little net proceeds from the house coming my way if any after the lien. The loan is paid upon sale of home. However, I don’t have any savings and much debt to both credit card and my family for attorney fees in the excess of $80,000. I am a 1- income parent (teacher) with no other living or sharing in cost of the home.

Asked on October 19, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most situations where a person's liabilities excees there assets to such a degree that there is no way for that person to get out of debt, he or she consults with a bankruptcy attorney in order to determine whether or not a bankruptcy filing and discharge will assist that particular person in starting a new way of living.

From what you have written, it appears that you should consider consulting with a bankruptcy attorney to assist you possibly in getting the debt and obligations that you have accumulated over the years off of your back. A bankruptcy filing may be the only way to get yourself out of your financial predicament.

Good luck.


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