Filing for bankruptcy in Alabama isn’t much different than filing in another state because the Alabama bankruptcy process falls under federal law. But you'll need to understand Alabama state exemption laws, too.
Table of Contents
- How Bankruptcy Works in Alabama
- Choosing the Right Bankruptcy Chapter For You in Alabama
- Will Filing Bankruptcy in Alabama Erase My Debts?
- Bankruptcy Steps Checklist
- Keeping Property When Filing Bankruptcy in Alabama
- Alabama Bankruptcy Exemptions
- Preventing Bankruptcy Exemption Problems
- Qualifying for Bankruptcy in Alabama
- Hiring a Bankruptcy Lawyer in Alabama
- Filing in Alabama: Bankruptcy Document Checklist
- After Filing for Bankruptcy in Alabama
Facing financial challenges is a part of life. But if you're one of the millions struggling financially due to a job loss, illness, or another event in Alabama, bankruptcy can help. Here, you'll find an explanation of Chapters 7 and 13, checklists to help you understand the process and stay organized, and Alabama's property exemption laws and filing information.
However, we couldn't squeeze everything into this article, so be sure to check out its companion, What You Need to Know to File for Bankruptcy—you'll find lots more details there.
How Bankruptcy Works in Alabama
In most respects, filing for bankruptcy in Alabama isn't any different than filing in another state. The bankruptcy process falls under federal law, not Alabama state law, and it works by unwinding the contracts between you and your creditors—that's what gives you a fresh start.
But Alabama's laws come into play, too, in a very important way. They determine the property you can keep in your bankruptcy case. You'll also need to know other filing information, which we explain after going over some basics.
Choosing the Right Bankruptcy Chapter For You in Alabama
Most people file either Chapter 7 or Chapter 13. If you don't know the differences between the two, you're not alone. The short explanation below and our handy Chapter 7 versus 13 chart will help clarify things.
Chapter 7 is often a bankruptcy filer's first choice for several reasons. It's quick—it only takes a few months to complete. And it's cheap—you don't pay anything to creditors. It works well for those of us whose property consists of the essential items needed to live and work.
However, people with more assets could lose them, especially if they own unnecessary luxury items. For instance, you might have to give up your RV, baseball card collection, or timeshare in the Bahamas—even your house or vehicle if you have too much equity in it or you're behind on the payments. Unlike Chapter 13, Chapter 7 doesn't have a payment plan option for catching up on late mortgage or car payments. So you could lose your home or car if you're behind when you file.
By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7. For instance, not only do you keep all of your property, but you can save your home from foreclosure or your car from repossession. If you need time to repay a debt you can't discharge in bankruptcy, you can use this chapter to force a creditor into a payment plan. The biggest downside to this chapter? It can be expensive. Many people can't afford the monthly payment. Learn more about when filing for Chapter 13 is better than Chapter 7.
Caution for businesspeople. Be sure to learn about the ins and outs of small business bankruptcies. The principles discussed apply to consumers only.
Will Filing Bankruptcy in Alabama Erase My Debts?
Bankruptcy wipes out many bills, like credit card balances, overdue utility payments, medical bills, personal loans, and more. You can even get rid of a mortgage or car payment if you're willing to give up the house or car that secures the debt. (Putting property up as collateral creates a "secured debt"—if you don't pay what you owe, the lender gets to take the property back.)
But you can't discharge all debts. Nondischargeable debts, like domestic support arrearages and recent tax debt, won't go away in bankruptcy, and student loans aren't easy to wipe out (you'd have to win a separate lawsuit). You'll want to be sure that bankruptcy will discharge (get rid of) enough bills to make it worth your while.
Steps in an Alabama Bankruptcy
We all know that seeing the forest helps us recognize the trees, so it's probably a good time to consider the significant steps you'll take during your bankruptcy journey. Think of this checklist as a roadmap, but you can also use it to track your progress. The good news? You've already made headway on the first two items!
Bankruptcy Steps Checklist
Keeping Property When Filing Bankruptcy in Alabama Using Bankruptcy Exemptions
You won't lose everything in bankruptcy. You'll use your state bankruptcy exemption laws to protect your property. We list the significant exemptions below, but first, understanding the following will help you maximize what you'll keep in your case.
- Exempt and nonexempt property. You can keep property protected by an exemption or "exempt" property. When a bankruptcy exemption doesn't cover the property, you'll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan.
- Choosing state or federal exemptions. You can't choose between the state exemption list and the list of federal bankruptcy exemptions, you must use Alabama's exemptions. But you can use the federal nonbankruptcy exemptions.
- Doubling exemptions. Spouses filing together can double the exemption amount if both own the property, unless noted otherwise.
- COVID-19 recovery rebate exemption. You might be able to protect stimulus payments, tax credits, and child credits in bankruptcy with the federal recovery rebate exemption.
- Retirement accounts all filers can protect. You can protect tax-exempt retirement accounts, including 401(K)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans and traditional and Roth IRAs to $1,512,350 per person (for cases filed between April 1, 2022, and March 31, 2025).. (11 U.S.C. 522(b)(3)(C); (n).) Learn more about retirement accounts in bankruptcy.
Alabama Homestead Exemption
A homestead exemption helps you keep your home in bankruptcy. In Alabama, you can protect up to $16,450 of equity in your residence. Your residence can be a house, mobile home, or similar dwelling place on up to 160 acres. (Ala. Code 6-10-2, 3, 4, 12.)
Learn about Alabama's homestead exemption in bankruptcy.
Alabama Wildcard Exemption
You can use a wildcard exemption to protect any property of your choosing with some exceptions. For instance, Alabama doesn't have a motor vehicle exemption, so you could use the wildcard to cover your car, truck, motorcycle, or other transportation. Alabama's wildcard allows you to protect up to $8,225 in personal property. However, you can't use it for real estate, wages, salary, or other compensation. (Ala. Code 6-10-6; 6-10-126.)
Other Alabama Bankruptcy Exemptions
This isn't a complete list and the amounts change on April 1 every three years (the last change occurred on April 1, 2020). You'll find the statutes on the Alabama Legislature website but be sure to check the Alabama State Treasurer website for amount changes.
Preventing Bankruptcy Exemption Problems
Exempt your property carefully. The bankruptcy trustee—the court-appointed official assigned to manage your case—will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.
Example. Mason owns a rare, classic car worth $15,000, but the state vehicle exemption doesn't cover it entirely. Believing that the car qualifies as art—at least in his mind—Mason exempts it using his state's unlimited artwork exemption. The trustee disagrees with Mason's characterization and files an objection with the court. The judge will likely decide the vehicle doesn't qualify as art.
Purposefully making inaccurate statements could be considered fraudulent. Bankruptcy fraud is punishable by up to $250,000, 20 years in prison, or both.
Qualifying for Bankruptcy in Alabama
You'll meet the initial requirement if you've never filed for bankruptcy before. Otherwise, check whether enough time has passed to allow you to file again. The waiting period varies depending on the chapter previously filed and the chapter you plan to file. Learn more about multiple bankruptcy filings.
You'll also need to meet specific chapter qualifications.
You'll qualify for Chapter 7 bankruptcy if your family's gross income is lower than the median income for the same size family in your state. Add all gross income earned during the last six months and multiply it by two. Compare the figure to the income charts on the U.S. Trustee's website (select "Means Testing Information").
Want an easy way to do this online? Use the Quick Median Income Test. If you find that you make too much, you still might qualify after taking the second part of the "means test." If, after subtracting expenses, you don't have enough remaining to pay into a Chapter 13 plan, you'll qualify for Chapter 7.
Qualifying for Chapter 13 can be an expensive proposition because the extra benefits come at a hefty price and many people can't afford the monthly payment. To qualify, you'll pay the larger of:
- your priority nondischargeable debt
- the value of nonexempt property, or
- your disposable income.
Find out more about calculating a Chapter 13 bankruptcy payment.
Hiring a Bankruptcy Lawyer in Alabama
Most people find it worthwhile to get counsel. A bankruptcy attorney will help you:
- qualify for the chapter of your choice
- determine when it's time to file
- help you keep the property you want
- make sure you don't run afoul of fraud or other issues, and
- explain when you can stop paying the bills you'll erase in your case.
You can expect creditors to call until you file. It's usually best to ignore them because telling creditors about your bankruptcy can encourage them to take more drastic collection steps before losing the right to collect altogether. However, if you hire counsel and refer creditors to your lawyer, they'll have to stop calling you.
Are you curious whether your case is simple enough to file yourself? Our quiz will help you identify potential complications while educating you about the bankruptcy process. You'll find it here: Do I Need a Lawyer to File for Bankruptcy?
Filing Your Bankruptcy in Alabama
Now that you've decided to file, the fun begins! Well, not really. The first step—gathering your financial information—can be a bit of a chore. But using our bankruptcy document checklist should help you organize the things you (or your attorney) will need.
Bankruptcy Document Checklist
Bankruptcy Forms, Means Test Multipliers, and Course Providers
After assembling the documents, your next step will be to prepare the paperwork. Here's what you'll need and where to find it.
- Bankruptcy forms. You'll find free downloadable bankruptcy forms on the U.S. Courts website.
- Means test multipliers. Go to the U.S. Trustee website to get the figures needed to complete the means test.
- Education providers. The U.S. Trustee website also lists providers under "Credit Counseling & Debtor Education." Scroll down until you get to your district. And don't give up—it's a long list. (Individuals must complete credit counseling during the 180 days before filing for bankruptcy and a debt management course after filing the bankruptcy case.)
Alabama Bankruptcy Court Locations
Your case starts when you file your paperwork with the local bankruptcy court and either pay the filing fee or request a fee waiver. Each court has a website where you'll find the court's local rules and instructions for filing your paperwork. Click on the district name to go to the court's homepage.
File your case in the division covering the area you've lived the most during the 180 days before filing (or the last 91 days). Here's where the courts were last we checked (you can verify this using the Federal Court Finder tool):
- Northern District of Alabama: Courts are located in Anniston, Decatur, Birmingham, and Tuscaloosa. To find your division, select a city in the "Court Locations" box and consult the map.
- Middle District of Alabama: Courts are located in Montgomery, Opelika, and Dothan. To find your division, select a city in the "Court Locations and Hours" box and consult the map.
- Southern District of Alabama: Courts are located in Mobile and Selma. To find your division, contact the court clerk.
After Filing for Bankruptcy in Alabama
Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:
- You'll turn over financial documents proving the statements in your bankruptcy paperwork.
- You'll attend the 341 meeting of creditors—the one appearance all filers must attend.
- You'll complete a debtor education course and file the completion certificate.
These things all must happen before you get a Chapter 7 bankruptcy discharge. Chapter 13 filers will also attend a repayment plan confirmation hearing and complete the three- to five-year payment plan.
Need More Bankruptcy Help?
Did you know Nolo has been making the law easy for over fifty years? It's true—and we want to make sure you find what you need. Below you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!
|
Our Editor's Picks for You |
|
|
More Like This |
|
|
What to Consider Before Filing Bankruptcy |
What Not to Do Before Bankruptcy |
|
Helpful Bankruptcy Sites |
We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.
Updated April 18, 2022
Talk to a Bankruptcy Lawyer
Need professional help? Start here.
How it Works
- Briefly tell us about your case
- Provide your contact information
- Choose attorneys to contact you
Get Professional Help
Get debt relief now.
We've helped 205 clients find attorneys today.
How It Works
- Briefly tell us about your case
- Provide your contact information
- Choose attorneys to contact you