What is your best advice for new filers?

[Planet Claire]

Interview more than one attorney and avoid those with the reputation of being a 'bankruptcy mill' even if they come recommended by previous clients. My experience has been that my lawyer likely has gotten me the CH7 I've filed for but only after months of delays and missteps. In addition, keep documentation of all your conversations with your attorneys and verify (research, research, research) what they are telling you. I caught the attornies office telling me incorrect information at least twice. To be fair, it was about changes in the law after the new law took effect. But still, I really didn't want to be their guinea pig test case.

My second piece of advice would be not to be afraid to share your experience with others close to you. I happen to tell two people who opened up about two people they knew closely. Hearing about their exeperiences and knowing they were not bad people helped me get through alot of the guilt and shame associated with the process.

[JusticeForAll]

This is excellent advice! Newbies should read this twice!!!!

Wow this is a good question. I filed and was discharged under the old laws so a bit of this maybe dated.

First understand how serious all of this is. You cannot trust anyone. Educate yourself regarding the laws and what is expected of you. This is a job you have now. Deal with it as such. Do a bad job and it can ruin the rest of your life.

Expect incompentence and mischief.

Be honest but do not be stupid.

Visit 341 hearings so you can get a feel for all of this.

I filed pro-se because after visiting 341 hearings and reading up on the material and talking to attorneys I ended up with no respect for the legal profession.

I remember at my 341 hearing the attorneys getting beat up by the trustee for not completing paperwork, etc., and in general being no good. The trustee looked at me and thanked me for taking the time to do it right. I had sent her all my records a month before the hearing and I was in and out in 5 minutes.

Everyone in this process can screw your brains out. The only way to prevent this is to educate yourself and do what is right for you. Bankruptcy attorneys are generally worthless and can do a lot of damage.

Also keep in mind you are not doing anything to be ashamed of. Unlike our government we cannot print money legally.

[Credit Hater]

My best advice? Take your time. Take plenty of time to think it through and play every "what if" scenario out in your head after you become educated about the bk process. Especially if you can sacrifice your credit score going down the tube.

And ditto to what down@out says.

But if you own your home, and have equity hanging a little above your state's allowed exemption, then I would say the lawyer fee is worth it to save your home. I have read that trustees will pound harder on pro se filers who could be liquidated. But when you show up with an attorney, they tend to back off a bit. And if you educate yourself enough on the bk process, you may be able to see if the attorney you've hired is doing his job right. Meet with many attorneys before you decide on the one to hire.

[jbr12]

Be honest but do not be stupid.

Visit 341 hearings so you can get a feel for all of this.

I filed pro-se because after visiting 341 hearings and reading up on the material and talking to attorneys I ended up with no respect for the legal profession.

I remember at my 341 hearing the attorneys getting beat up by the trustee for not completing paperwork, etc., and in general being no good. The trustee looked at me and thanked me for taking the time to do it right. I had sent her all my records a month before the hearing and I was in and out in 5 minutes

How can I find out when 341 hearings are? The local bk court is like 2 blocks from where I work, so I was thinking a couple days I'd go during my lunch break and watch some cases to get a feel for things before I file. Is this something that can be found on PACER?

[anonymuse]

Ask the clerk.

[SinkingFast]

Our local Court has a docket that accessible on line. Some days there aren't any 341's. Other days, there are. Our Court does all 7's on one day, all 13's on other days.

You could try checking your District Court's Home Web Page and look for the Court Calendar of the Court you filed in.