overwhelming

[wildamative]

i am going to the courthouse tomorrow and picking up the paperwork to file a pro se chapter 7 BK and get the waiver to waive the filing fee also since that i am unemployed right now and have been for 2 years thanks to the blowbama economy!! i am wondering how hard it is to screw up a quick in and out the door no asset case all i have is the close on my back pissed!! and what questions will the trustee ask me?? and what paper work will the trustee want??

[bcohen]

If you are seriously planning to "go to the courthouse tomorrow and [pick] up the paperwork to file a pro-se Chapter 7" then you are woefully unprepared for the task. Please consider the following points.

First of all, the necessary documents (the voluntary petition, various schedules, and mailing matrix form) are not distributed in hardcopy, but instead are offered as editable PDF files on the district court's website. Second, it is not difficult at all to "screw up...a no asset case" especially if you are unfamiliar with your state's exemption laws, or make any mistakes or omissions when filling out the documents. Third, the fee waiver is a separate form, which is approved or denied by the judge. Fourth, there is no set list of "paper work" that a trustee will request. Some trustees are a lot more aggressive than others. Finally, if you are truly destitute, and have no wages to garnish, then it seems that bankruptcy is of no use to you, and that filing now could be a mistake, especially if you have no (or poor) health insurance and might incur medical bills or other debt which you cannot pay.

If you are serious about filing pro-se, then I would suggest buying the NOLO book "How to File for Chapter 7 Bankruptcy". Read it, ask any questions which you might have, and understand thoroughly what you are doing before you begin the process. Also, in many districts, there is a program which allows you to meet with an attorney free of charge for 30 minutes to answer any questions you might have. This takes place at the courthouse, and is a valuable resource.

[Geeznowwhat]

I started in the same spot you are in. Last year.

Go see if there is a local free legal center where you are. I attended 3 seminars. They provided complete packages of all the forms...collated into the correct sequence...complete with the "extra" forms required under the local rules. Best of all, the legal center also had a set filled out as demonstration.

I bought the nolo books on chapter 7. I asked questions here. Learned a great deal.....And when I had all the forms filled out...I went back for the final seminar at the legal center to verify that I had it right.

This entire process was 7 months. It was a long learning experience.

You are just barely at the beginning. Do not think it is a good idea to try to rush through this. Your case can be dismissed. Take the time, learn. Then, no matter what the trustee wants from you or asks of you...you will be prepared because you have to be to get all this right.

[df04527]

Agree where bcohen says bankruptcy will be of no help to you. Are there job prospects in your future? If so, you may want to wait as you can only file BK once in 8 years.

[Geeznowwhat]

My situation was very nearly like what this OP describes. I did however have very good prospects for the near future (1 year or so) to acquire a good sized estate, etc. it made sense to file while I still had nothing rather than to wait until the assets existed for the creditors and/or the trustee to take away from me.

Being judgement proof today is not protection from the changed circumstances tomorrow.

[LadyInTheRed]

i am wondering how hard it is to screw up a quick in and out the door no asset case

Not hard at all! Don't overestimate the simplicity of even the most simple bankruptcy case. Something you don't yet know is important could be very important and jeopardize your case. With no assets or income to protect, it doesn't sound like there is any reason to rush unless maybe you are expecting an inheritance. So don't rush! Before you file anything with the court, learn everything you can about bankruptcy. Read everything available on your local court website, including the local rules and any general orders. Familiarize yourself with the Bankruptcy Code and Federal Rules of Bankruptcy Procedure. Consult with a couple of bankruptcy attorneys, even if you don't plan to hire one. And of course, ask more questions here.

If after doing all that you are still overwhelmed, then you need an attorney. If you can't save enough money to hire an attorney under your current circumstances, that is one sign that BK is not going to help you. But, whether or not you should file BK now, in the future or ever is very fact specific and something the rest of us can only guess about.