Federal Wildcard Question

[OldandPoor]

I am going to file Chapter 7 on my own. I have no money so no choice.

My question is about the Fed Wildcards. My only assets are 2 paid for vehicles worth about 15K total. I have nothing else but clothes, so I should not have any issues there. One of the cars is considered classic but non running so only worth around 10K. The other is 10 years old and 5K is about right maybe 6K at the most.

I am in Michigan so it looks like I get my choice for exemptions.

Since I have to do this on my own I would appreceiate any input on this issue.

I have been looking around the site and was wondering if there is a specific area for Pro Se filers?
Any direction at all would be appreciated!

Thanks

Dan

[justbroke]

Welcome to BKForum.

Yes, there is a Pro Se section of the site. https://www.bkforum.com/forum/before...pro-per-filing

I can't tell you which exemptions to use, since I don't want to say anything bad.

I could not find any bankruptcy clinic for Michigan's Eastern District Bankruptcy Court (MIEB). They have one on the District Court (criminal) side, but not on the bankruptcy side. (Exception: they do have pro bono assistance for "pro se" (in pro per) adversary proceedings, but not for general filings.)

I definitely suggest seeing if there is a Pro Bono or Pro Se clinic available. Try to see if legal services or other legal services are available for indigent debtors. The reason is simple; the exemptions can get complex. For example, the federal exemptions (11 USC 522(d)) allow $4,500 in a single vehicle. The unused homestead exemption (wildcard) is something like $17K. Will you have enough to protect all your property plus your two vehicles? It depends on how much personal property you have.

[OldandPoor]

Thanks for the response!

As I mentioned, I have nothing but the vehicles and I mean nothing. I am just starting my research and did start going through the threads in the "pro se" section.

Can the Judge or whoever force me to pay the filing fee if I have no income but do own the vehicles. I understand the vehicles should be exempt for the bankruptcy but I am going to try to get the fee waived as well as I have no other income or assets. Can they arbitrarily make me pay just due to the fact I have those 2 assets?

Thanks

Dan

[justbroke]

The waiver of the filing fee is discretionary. You must not only ask for it, you may need to attend a hearing. If the judge doesn't grant the waiver, you would need to pay in installments (or immediately, but installments are allowed at that point). Waivers are usually based on income; being below the poverty line and having no reasonable disposable monthly income. So if you're below the poverty line then it's very likely the court would approve a waiver.

Remember, that income is determined by using the lookback period of six months. The calculation also includes non-cash government assistance and even housing subsidies. You must also explain why you can't pay within 120 days (in installments). The court will also look to checking balance and other accounts (but not 401(k)). They'll look at the value of your vehicles as well.

Now, given the totality of all that, would the court grant the waiver given your circumstances? It's likely that they would. But I can't tell what they will do, how they will look at.the asset you do have, or any other government assistance you may be receiving.

[OldandPoor]

Thanks

Yes, I read it again and it did say they "may" waive the fee! I guess worst cause is they can deny the waiver and let me make payments. I am hoping to get this filed within the next week or so.

I do have more questions but will start a new thread in the "pro se" section. That way I can ask as I go and any answers can be in a sequence that might help another going down this road.

Thanks

Dan