Condo Assn Fees

[justbroke]

Sarcasm noted, J.B. However, I'm holding you up for inspiration to move forward on this, so go easy on me, huh?!
I'm just digging into schedule B...We're going to file just under my wife, as all the credit cards were in her name and we live in a community property state...so wouldn't ALL property on this schedule be community? I also listed the condo on schedule A as community, even though the loan is in her name only...

It can be done. I'm neck deep into the "litigation" portion of it. There are motions and consents, and withdrawals, pleadings, and a bunch of procedure. I've only procedurally messed up 3 times. The Clerk's Office knows me now and will call me when I mess up. So, that's nice. I've only messed up with process of service.

There's a different service process depending on just WHAT paper you are serving!

Other than that, one can do this if they are diligent and highly organized. I think that organization is the biggest thing you need. I'm in court on Wednesday in an Adversarial Proceeding that was not brought on by myself, so wish me luck.

[justbroke]

Sarcasm noted, J.B. However, I'm holding you up for inspiration to move forward on this, so go easy on me, huh?!

No problem... I was half-heartedly trying to scare you away, but at the same time, saying that it can be done.

I'm just digging into schedule B...We're going to file just under my wife, as all the credit cards were in her name and we live in a community property state...so wouldn't ALL property on this schedule be community? I also listed the condo on schedule A as community, even though the loan is in her name only...

I'm single, so I don't have "joint tenancy" property issues. This is an area which is very State specific. If you're in a community property State, then you are affected by the filing.

Regarding any schedule and what to list as "community", again, it depends on the underlying State "non-bankruptcy" laws. For example, unsecured debt is considered community property (CP), as far as I know, in all the CP States. That is, any credit card in her name, is, in fact, a credit card in your name as well. However, for real property, inheritances, personal property acquired before marriage, I can't tell you as you'll need to look to your State.

This is why I half-jokingly stated that pro se filers like to lose money. You need to be careful how you declare something on the schedules. Of course, it must be truthful, but mostly, it needs to take advantage of the underlying laws which drive your decision to put joint, community or debtor as the owning party.

Why are you not jointly filing??? Is it a strategy thing?

[gregorino]

You got it...Sounds like you've got this well in hand...I'm researching the begeebers out of everything, and slogging through round one of all the forms. We're planning an initial trip to the clerk's office tomorrow just to see if they have any special advice or local rules we ought to be aware of as Pro Se filers. I'm concerned about being the one who is doing all the work, although technically, only my wife is filing....want to make sure they're cool with that...

[justbroke]

May I also suggest the following?

While you are at the Clerk's Office, ask if the local Bar Association has any resources (Pro Bono) or other assistance for pro se filers.

I read about a lawyer in Jacksonville, Florida who is phenomenal and does a lot of pro bono work for pro se filers. He's very well respected and has been named in several law journals as a pioneer in pushing the limits of the 2005 BAPCPA changes to the Bankruptcy code. (Wish I lived in Jacksonville, Florida!)

You may also want the Nolo book for Chapter 13.

Your biggest friend is going to be PACER. You should use the system at the Clerk's Office while you're there. You can do all sorts of case research for FREE ONLY IF YOU'RE IN THE CLERK'S OFFICE. Also, DO NOT PRINT THERE, as they charge $0.50 a page!!!

PACER will be good to get a flavor for some of the local rules around how pleadings are formatted, how they are submitted, etc, etc. I've "borrowed" from several prominent lawyers in my area. I use every feature of the Court's local rules I can, including Negative Notices (these are fun).

If you're ever unsure, the Clerk's Office will answer any question, so long as it's not legal advice! That is mostly around procedure. Just be clear when you call and say "I have a procedure question... can I file a motion with a negative notice for..." Some Clerk's Offices have a dedicated pro se manager. Most Clerk's Offices have case managers and one will be assigned to your case. This is your contact person with the Court.

Sit in on a few hearings! First, check the Court's Calendar and see what's going on. Then, look up those cases in PACER and print out the pleadings. Then go to the hearing and watch and write notes. Learn by seeing how YOUR JUDGE (by the way, attend your assigned Judge's hearing... not some other judge!) works and how friendly they are. Get on the Trustee's good side. They are also a resource, but remember, they are there to get as much money as they can from you.

That's it for now. I'm going to make my own pro se FAQ sometime soon.

[gregorino]

Excellent suggestions JB...glad I mentioned my trip to you! I have read in this forum where you and others talked about Pacer and think that's a good idea to use it to model any pleadings/motions that may be needed. I do have the NOLO book, and have been following it word for word as I complete my forms. Thanks! -G

Also, in response to your Q: Why are you not jointly filing??? Is it a strategy thing?
My credit was shot along time before we got married and my wife had excellent credit, we opened a business and used the CC's to fund living expenses and business expenses while we were trying to get the business going, which, unfortunately, in never did. We had about 80 Grand in CC debt 18 months ago when all the banks decided to hike the rates to 30%. We did the consumer credit debt repayment plan for 6 months, but couldn't swing the $2500/month once both our employers halted all overtime. Now the total debt is about $115,000. The additional $35K all from interest and penalties. Funny, we had a credit card offer from WaMu the other day.....