Someone Help, I Feel Sick Now

[JRScott]

Good Luck rilbrianne

[Spartan]

Paralegals are not allowed to offer legal advice to clients. They are not licensed to practice law.

[PaKettle]

Sounds like you have a crummy attorney. Good luck! If it's not too late you might want to switch... I'd at least bust her on it, let her know you're not happy to get wrong info from your well paid attorney...

[rilbrianne]

I decided not to go with that attorney. His secretary/assistant/whatever you want to call her, didn't know what she was talking about. If she doesn't have much training then I don't want to go there with the attorney. I more or less just wanted to consult anyway but it's too much trouble. I'm filing Pro Se and plan to continue that way. It's not that difficult and with all the information from this forum and the NOLO book, I'm well on my way to freedom!!

Thanks everyone!

[SinkingFast]

RB,............ I would still seek out a few free Consults anyway. You can learn things like how much money different attnys would allow you for food, clothes, are pet expenses allowed in your District. That kind of thing.

Attnys also chat about the Trustees. When we were Consulting around, there was a new Ch 7 Trustee. A younger, unmarried woman who has no children. She wasn't experienced enough to know that different families,......... wee ones, kids in school, and teens,......... all have different expense levels.

Just a suggestion for you. You can learn a lot about what goes on in your Court by chatting with attnys in your area.

[freshstart06]

Don't be afraid to go pro se, if you have no true assets then you will be fine. Even a lawyer told me even with the new law if you can read you can do your own bk chapter 7, I think chapter 13 is much more involved but hey some people successfully do that as well, Believe or not, the key is to not over think either. Most of the BK info is very clear but we tend to over think the situation and due to fear will mess up. Another key is DO NOT GIVE TOO MUCH INFORMATION, if they don't ask do give it. For example, your parents handed you a ton of money, do not claim that, it can't be traced, it is not on your bank statments, it is not on your credit report do tell them. But of course some people do LOL> If you got paid to do a small project ie as painting and got paid under the table, if there is no way they can find out don't tell. I know that may be a little dishonest but heck, the standard living expense they base us on is dishonest, it is so off base, no one can make it on that stardard living expense but they expect us to use it.

What I did and yes, I am filing pro se and we are slightly over the median but our expense even based on standard out weighs our income, was decided not to worry about something that has not come up or may not come up. In the end, and if your numbers are correct you have nothing to worry about. More cases discharge and close then the other way around. This new law only put basic standards in writing but to be honest some say that the old law had some issues because the judge determined if your income qualified and that can be scary as well at least now we have something to go by and you can actully play around with the numbers in the schedule, if you make it work and you can still use the standard living expense you most likely will close your case with no problems. Even though in the old law they did not have a set income guideline there were still more cases that had to convert to chapter 13 then there is now, I read this some time ago online. Heck, if you read old post in this board you will see even back in 2003,2004 and beginning of 2005 there were people starting off chapter 7 but the trustee disputed their claims, it don't seems as often after the new law.

Now with the new law, if your numbers qualify and you have nothing to hide there is no reason why your case will not discharge and close. This is when we can use their new law for our benefit and fight back. the chapter 7 guidelines are in writing and if you qualify based on what they have in writing then there is not reason for them to not to close and if they don't throw their book in their face and since we can't go outside the guidelines how can they.

[BKTango]

I might be misreading and I apologize if I am, but I don't think telling someone to out and out comment bankruptcy fraud by hiding monies and assets is the wisest of advice to be giving.

[freshstart06]

Sorry bKtango, I did not mean if you are making serious income but my goodness, if you painted someones house and they paid you for your time and this is something that you will never do again, I don't see the point. I was not talking about "working under the table" and not reporting it, some how some way they could find out, they are good.

But I also feel that looking too deeply is getting us red flags. If we continue to report the smallest things ie using $100 to purchase for your starving family and you are completely broke, come on now, if you had to use the credit card you had to use it, I would just pay it back later. If that is considered fraud then I don't know what to say.

Maybe because I was such a nervous wreck when I first decided to file, I was told all the bad things that could happen but when I actually spoke to people that filed, discharged and closed then I begin to fell a lot better. I was making myself sick worry over something that just did not happen and may not happen. I mean what can we do??? once we file we pretty much have to wait until the trustee says something. If you have to feed your family by the only means you have right now DO IT.

The truth is more case close then the other way around. Some case are more complicated and require lawyers some don't.

We just can't continue to worry, I mean when I found myself worry over the BK more then I use to with bills there was a problem.

I love this site because it is really good for problems that arise and if you do a search you will find someone in your exact situtions. some of the post I read, there are people that have some really serious issues going on and some of us don't and the case closes with no problems. It is a hit or miss but I just suggest don't worry until then but don't commit fraud then again at the same time when your meeting comes don't offer more info then what they ask, this will create a red flag.

[rilbrianne]

There is absolutely nothing to hide. We have an old beater pickup (yeah, with 2 babies/2 adults... this truck isn't even enough but it works for now) and she made it sound like we couldn't keep it in the BK. We are going Pro Se but just wanted a little insight. I'm better off with this site and the NOLO book than the attorney's I've spoken with.

Needless to say, I was positive we could keep it because we are allowed the vehicle exemption to approx. $2000. I've done so much research. But when someone (whom you assume is in a knowledgeable position of the law) tells you different, you kind of get that stomach-turning feeling. I had to make sure I was right.

[CoCoChanel]

Scared of Simple Pro Se....me too!!

I feel the same way you did. Just today on this site I posted my experience with a lawyers assistant. They made me feel so worthless. It was very intimidating. I wanted to cry and I do not cry easily. This women was nice but cold. I sat, listened and took paperwork she gave me. She even filled in some spots on the paperwork with information from my recent credit report.

My problem was this....there is a lot I do not know about Pro Se. I realize that I am taking a chance doing it, but without money to pay a lawyer, what else can we do. I am literally living from paycheck to paycheck and paying only rent, light, gas and phone and carnote and insurance. Money is gone after that. Somebody please tell us all about your successful experience with filing pro se. I too have no assets. I do not own the leased car and the only other purchases I made that she finally did tell me I could keep as long as I made the payments was Dell computers laptop and desktop....other than that, I have nothing except close to 40,000.00 worth of loans and credit cards. How difficult could it be to file pro se with these situations?

[whatamess]

coco

Coco me say this:
Many who filed chapter 7 w/no assets wish they filed pro-se. Sometimes I wished I saved the $1500 and did it myself. I couldve used that money.
Im just to much a paranoid scaredy cat.
Anyhow, that girl is an idiot. How she got to work in a lawyers office is beyond me. Nobody will want the beater truck, trust me. They want things they can sell for cold, hard cash and lots of it.
My lawyer asked about:
I-pods, expensive cameras, camcorders, DVD players, collections, guns, gamesystems, computers, stereos, boats, RV's, second homes, time shares, REAL jewels, jet skis, LCD or plasma Tv's, etc. You are allowed to keep one tv/vcr plus TV. And your computer. He never even asked about anything else. Yes, you can even keep your dog and cat (should you have one). Just put thier food expenses into your grocery money because although you can keep 'em, you cant feed 'em...
WAM