Bankruptcy / Alabama / Anniston

Filing Bankruptcy in Anniston: 7 Things You Need to Know

Written by Ben Tejes
Updated Apr 16th, 2024

You are considering filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy in Anniston. Bankruptcy is a common debt relief choice. In fact, many people in Alabama have received bankruptcy relief, and Anniston is no different. In fact, there were 15,222 bankruptcies filed in Alabama in the year ending June 30, 2021 (Source). With a population of 21287, I’d estimate a fair number of those were in Anniston.

The purpose of this article is to provide an extensive list of filing bankruptcy in Anniston including:

  1. Chapter 7 Bankruptcy in Anniston
  2. Chapter 13 Bankruptcy in Anniston
  3. Anniston Bankruptcy Attorney Fees
  4. Finding a Reputable Bankruptcy Lawyer in Anniston
  5. Estimating Loss of Belonging (i.e.
  6. Getting Bankruptcy Help in Anniston
  7. Bankruptcy Alternatives and Conclusion

Without further ado, let’s get started with Chapter 7 bankruptcy.

Chapter 7 Bankruptcy in Anniston

Chapter 7 bankruptcy is the most common consumer bankruptcy in the United States. People appreciate the simplicity of Chapter 7 bankruptcy, the cost of the Chapter 7 bankruptcy, and the speed of debt relief. For example, in Anniston, you could get debt relief in about 120 days with a Chapter 7 bankruptcy.

One of the challenges of Chapter 7 bankruptcy in Anniston is that you have to qualify. In order to qualify in Anniston, you often have to pass the Alabama bankruptcy means test. You can estimate that qualification below in Anniston. Let’s cover how you can qualify.

Chapter 7 Qualification

The first part of the means test is to understand your income in relation to the median income levels for Alabama. It considers the average family size and income.

To estimate your qualification, you can take the Anniston Chapter 7 qualification calculator below that is specific to Anniston.

Finally, the most recent Alabama median income levels is for cases filed on or after April 1, 2024, and can be found below. 

# of PeopleAnnual Income
1$59,605
2$72,419
3$86,685
4$94,373
5$104,273
6$114,173
7$124,073
8$133,973
9$143,873

If your income exceeds the median, you can move on to the second part of the means test to estimate qualification. The second part of the means test is to understand your actual expenses. You can check out our guide covering trying to qualify for Chapter 7 bankruptcy above the median.

For example, the average median rent amount in Anniston is $672, but let's say your rent is almost double that amount. Could you potentially still qualify for Chapter 7 bankruptcy because of those additional expenses? What you are able to state as ab expense is limited, and you can refer to the current national standard for the maximum amounts, but you may want to speak with your attorney about this situation.

Which Could Would You File In If You Live In Anniston?

Anniston is located in the Alabama Northern district, so our understanding is that you would be filing your bankruptcy in the Anniston bankruptcy court. Here's the estimated information we have for your court:

Anniston Bankruptcy Court
Address: 1100 Gurnee Avenue, Anniston, AL 36201
Phone: (256) 741-1500

Does that mean you would have to drive to court?

Not necessarily. 

Please note that main meeting for a Chapter 7 bankruptcy is the 341 meeting of creditors, which is often online via Zoom or another teleconference after the COVID-19 pandemic. 

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is known as a wage-earner bankruptcy. Chapter 13 bankruptcy is a voluntary reorganization of debt.  In Chapter 13 bankruptcy, the individual has debt that they can no longer manage and often own assets that exceed state and/or federal relief. Folks file Chapter 13 bankruptcy often when they do not qualify for Chapter 7 bankruptcy.  

Most individuals in Anniston will qualify for Chapter 13 bankruptcy as long as they are below the debt limits.

Compared to Chapter 7, there is no liquidation in Chapter 13 Bankruptcy. Although, the discharge won’t be until around 3 to 5 years. The Chapter 13 bankruptcy will stay on your credit report for 7 years.

Anniston Bankruptcy Attorney Fees

When looking for a bankruptcy attorney, we recommend that you look for these 5 attributes: Rate, Reliability, Referrals, Reviews, and Relevancy. You can check our guide to find a top bankruptcy attorney in Anniston.

The estimated Chapter 7 bankruptcy lawyer fee in Anniston is: $800 - $1538.

The estimated Chapter 13 bankruptcy lawyer fee in Anniston is: $3500 - $4500. The Chapter 13 attorney fee is often set across the district, meaning that all Chapter 13 bankruptcy attorneys in a district may charge around the same fee.

Anniston Bankruptcy Attorneys

One of the most important things to do is to find a reputable bankruptcy attorney in Anniston if you decide to hire one. This is legal advice related to finances that are going to affect your future. For example, making sure you are in the right bankruptcy chapter (Chapter 7 vs Chapter 13) could cost you thousands more and take you years longer.

Chapter 7 Bankruptcy Lawyer

As stated above, Anniston has a population of 21287. In many cases, individuals in larger cities such as Huntsville or Birmingham would like a bankruptcy lawyer close by. In smaller cities, I have found that individuals have questions about whether the bankruptcy will show up in the newspaper or whether friends will hear about it. This is a valid question.

Regardless, you can check the Chapter 7 bankruptcy lawyers in or near Anniston using the table below. You just need to input your zip code, and voila, you can choose which Chapter 7 bankruptcy lawyer you would like to speak to near or far away from Anniston in a free bankruptcy lawyer consultation

Chapter 13 Bankruptcy Lawyer

Filing a Chapter 13 bankruptcy in Anniston may be a bit more intensive, so you may consider a Chapter 13 bankruptcy that is closer to you. That said, with the internet and the pandemic, many of the meetings are now online and you can generally submit your documentation online as well.

How much a Chapter 13 bankruptcy attorney often charges is based on what's called a no-look fee. We do our best to track the Chapter 13 attorney fee in Anniston.

Bankruptcy Exemptions in Alabama

As you live in Anniston, you are often able to use the Alabama bankruptcy exemptions to help you keep your belongings.

One of the biggest questions people have is whether they are able to keep their homes in bankruptcy. This is where bankruptcy exemptions come into play. As Anniston has a home ownership % of 57.3% and an estimated estimated home value of $102476, you can understand that many people want to keep this asset. You can often keep your assets using bankruptcy exemptions.

Here are the Alabama bankruptcy exemptions. The exemptions are revised on different occasions, so you may wish to check the most current information on exemptions. Also, as a reference, Alabama is a place that does not allow you to use federal bankruptcy exemptions. You often have to choose which one to use, so a bankruptcy attorney can help you with that option.

Homestead Exemption

The homestead exemption is often broken down by age and whether you are married. 

  • Single and under 65: $16,450
  • Single is 65 or older: $16,450
  • Married and under 65: $32,900
  • Married is 65 or older: $32,900

Alabama specific homestead bankruptcy exemption text: “Ala. Code 6-10-2 – Real property or mobile home to $15,500 after April 1, 2018; property cannot exceed 160 acres (husband & wife may double)” (Source)

Wildcard Exemption

The wildcard bankruptcy exemption in Alabama is $8,225.

Personal Property Exemption

The personal property bankruptcy exemption in Alabama is $0.

Special Exemption Handling for Alabama

Below is specific special handling of bankruptcy exemptions in Alabama.

  • Personal Property: Clothing may be exempt. Use wildcard exemption for furniture.

Bankruptcy Help in Anniston

Unemployment can cause both frustration and angst about options. The most recent statistic I found is that the Anniston unemployment rate is 10.1%. There may be resources available to help. In addition to the unemployment rate, Anniston has a disability rate of 23.9%. As such, if you are truly in need and don’t have income, there are resources that may be available that can help you.

Check out the legal aid and free resources that may be available in Anniston.

Legal Aid and Free Resources

Here are some legal aid resources that may be helpful to you in Anniston.

The bankruptcy court and district may have free resources that are available to you. I have included the information below. 

Lastly, Anniston also has a limited English rate of 0.7% and a poverty rate of 26.6%. If you have limited English, you may check out the court websites for Alabama for additional information on how you can be served. You can also see how filing bankruptcy without an attorney can work if you cannot afford a bankruptcy lawyer.

Courts and Districts in Alabama

Northern District

  • U.S. Post Office and Courthouse
    400 Well Street
    Decatur, Alabama 35601

Middle District of Alabama

Southern District of Alabama

  • US Bankruptcy Court
    One Church Street
    Montgomery, AL 36104
  • George W. Andrews Federal Building
    701 Avenue A
    Opelika, AL 36801

Debt Settlement in Anniston

One of the most common alternatives to bankruptcy is debt settlement. A debt settlement firm would negotiate for a lower amount due on your debt in the case of financial hardship. The goal would be to reduce your debt in half. In this case, you would have a lower monthly payment.

If you are looking at debt settlement in Anniston, you may want to consider a national debt settlement firm to a local one in Anniston. For example, most of your creditors are probably national banks instead of local Anniston banks. As such, you can potentially get lower fees by using a national firm. You should strongly consider the pros and cons and credit score impact before taking the plunge as Ascend only recommends 2 debt settlement firms nationwide that both offer free phone evaluations.

Conclusion

Chapter 7 bankruptcy and Chapter 13 bankruptcy in Anniston can provide debt relief. That said, you may want to consider the cost of bankruptcy in Anniston, the different bankruptcy chapters, reputable attorneys in Anniston and alternatives to help you make the most informed decision. 

You can also take our Chapter 7 vs Chapter calculator below to help you estimate the cost and qualification of Chapter 7 bankruptcy and Chapter 13 bankruptcy in Anniston.