How much does a bankruptcy lawyer cost in Albuquerque?
Most ABQ consumer bankruptcy work is flat fee. Chapter 7 (simple, no assets): $1,200-$2,000. Chapter 7 (some assets, more complex schedules): $1,800-$3,000. Chapter 13 plan: $3,500-$5,500. Add filing fees ($338 Ch 7, $313 Ch 13) and required credit counseling and debtor education courses (~$50 combined). Small business and Subchapter V cases run $7,500-$25,000+.
What property can I keep in NM bankruptcy?
New Mexico's exemptions are reasonably generous. Homestead: up to $60,000 in equity per owner ($120,000 for a couple). Motor vehicle: $4,000 in equity per vehicle. Tools of the trade: $1,500. Household goods, clothing, and books: largely exempt. Retirement accounts (401k, IRA, pension): generally fully exempt under federal law. Note: NM debtors can elect federal or state exemptions, whichever is better for the case.
How long does Chapter 7 take in NM?
From filing to discharge: 4-6 months. The 341 meeting of creditors is held 21-40 days after filing. The automatic stay stops collection actions immediately on filing. Most consumers are discharged from eligible debts in late summer if filed in early spring.
How long is a Chapter 13 plan?
Three years if your income is below the NM median, five years if at or above. Most plans run the full 60 months. Monthly plan payments go to a Chapter 13 trustee who pays creditors per the plan.
Will bankruptcy stop my Albuquerque foreclosure?
Yes — the automatic stay stops the foreclosure sale the moment the petition is filed. Chapter 13 lets you cure the mortgage arrears over the plan term (3-5 years) while continuing to make ongoing monthly payments. Chapter 7 stops the sale temporarily but does not let you cure arrears, so it generally doesn't save a home unless you can come current on your own.
Can I file without a lawyer (pro se)?
Yes, but it's risky. The forms and rules are technical, and mistakes can deny you exemptions, fail to discharge debts, or expose you to a Chapter 7 trustee taking assets you could have kept. Many ABQ firms offer free consultations and flat fees that are cheaper than the cost of one mistake.
How long will bankruptcy stay on my credit?
Chapter 7: 10 years from the filing date. Chapter 13: 7 years from the filing date. Most people see their credit start to recover within 12-24 months of discharge as they re-establish on-time payments and use secured credit cards. The fresh start is real — it takes work but it's not permanent.