Just filed

[prosefiler]

I was rushed to file ch7 because of a 25% garnishment hit my check. I used bridgeport bankruptcy online service. I am a little nervouse because i am filing pro se. The clerk looked quickly through my documents and all seemed ok. Included were bk docs, certificate of credit counseling, 60 days of paystubs and my payment of course. My bk is simple in the sense i don't own a home, easily passed means test, was detailed about all my creditors but i am worried about what might dismiss my case. Does anyone know why cases get dismissed?

[MajorMike]

Why didn't you hire an attorney?
If you used the money you would have paid the creditors, you could have gotten one. I highly recommend you get one. I'd never do even a 7 with out it. The $1,000 paid ( or less ) is worth my sanity!

[prosefiler]

Why didn't you hire an attorney?
If you used the money you would have paid the creditors, you could have gotten one. I highly recommend you get one. I'd never do even a 7 with out it. The $1,000 paid ( or less ) is worth my sanity!

I didn't hire an attorney beacuse i knew i could not afford one. My question was not about why i didn't get an attorney it was if people had some advice or ideas why a case may be dismissed. Wondering if they give you a chance to fix errors or if somthing is wrong they just dismiss it????

[MajorMike]

I didn't hire an attorney beacuse i knew i could not afford one. My question was not about why i didn't get an attorney it was if people had some advice or ideas why a case may be dismissed. Wondering if they give you a chance to fix errors or if somthing is wrong they just dismiss it????

I was just trying to make a point to you, not upset you. You DID stop paying your CC's right? if you did that for a few months, you could get an attorney and then you wouldnt be nervous about this. This was my point. You would then not have to worry about things like this because your attorney would take care of them. ( not judging, just making a point )
That being said, a case could be dismissed for many reasons...
Errors in the petitions, missing documents, or just having a trustee that hates prose filers and wants to make their lives hell. I know there are many posts on here about why cases get dismissed. Do a search and you'll find some posts. Good Luck!

[danaf]

prosefiler, people file pro se often and do just fine. There are many pro se filers on here. There are also many people on here who hired attorneys that didn't do their jobs.

Cases get dismissed if they find serious fraud committed.

If you forgot to add a creditor or something, you can ammend your petition for a small court fee.

Just look through the board and be prepared for your 341 meeting.

Also - does your petition show any disposable income? They say on this board if you show over $100 disposable income on your Schedule (either J or I - can't remember which one), the trustee might try to push you into a 13.

good luck

[CindyLou]

No need to worry! Your case will not be dismissed for errors unless you fail to correct them. If you case is a "vanilla" chapter 7 then there is not reason why you can't file pro se.

I filed pro se in the old law as a high earner and had no problems!! I wouldn't do it now because of the fact that the law has changed...but your case seems very straightforward.

My trustee had not issues with my prose status. Your case cannot be dismissed without strong grounds to do so and cannot be done based on the likes or dislikes of the trustee.

The more real fear would be the conversion to a 13 if you have not listed all of your expenses and as danaf said, end up listing a disposable income. (I think it may be 200...I dont know for sure either)

good luck and do your research...get the nola book.....

[prosefiler]

Well I am not sure how normal but to me it seems pretty straight forward. I did use an online service to prpare my documents. I make 12.00/hour so I am thinking I am in the clear as far as having no disposable income. I never owned a home and all my debt besides a couple small medical bills were several years old. I would have liked to been able to afford a bk attorney but they want to be paid of course before filing and with 25% being rocked from my 12/hr paycheck you can see it would be impossible. My creditor meeting is the may 27th so I am going to be sweating it out til than.

[FreshLikeADaisy]

Prosefiler, I too filed pro se and just recently received my discharge without any issues.

Basically, if you screw something up as far as the filing itself (wrong form, missing form, what have you) you get a Notice of Deficiency from the court that tells you what you screwed up and gives you 15 days to fix it.

Now, if you screw up the *contents* of the filing (got something on a schedule wrong, for instance, or left a creditor off your matrix) you won't get a notice from the court. If you realize after filing that you filed something in error, it's up to you to submit an amendment of that form as soon as you can. The object is for it to be as complete and accurate as possible for the trustee's sake, so there's no appearance of having left out pertinent information.

Beyond that, anything else your trustee asks for give him, obviously. He will definitely let you know what he wants, either before or during the 341. Your best bet, being pro se, is to call his office in a couple weeks after filing if you have not yet heard from him, and ask for a written list of docs he would like you to provide at the 341: this will minimize your chances of having to wait through a continuance.

As CindyLynn said, there are plenty of pro se filers around here; I had no choice, like you, but honestly it has been one of the most empowering and educational experiences I have ever gone through... and if I had to do it pro se again, I would in a heartbeat. Not every pro se experience is all that wonderful, but to be honest the main difference is study and preparation. MajorMike is entitled to his opinion, which I respect, but honestly if you have $0 to your name, there isn't a lot of choice in the matter. HOWEVER, feel free to get some free initial consultations with several bk attorneys... they need never know you're pro se. You can get some great info this way. Also, definitely get the Nolo book (link is in my sig) because you will need it.

Regarding the garnishment, you need to have that stopped immediately. Send a letter to whoever is doing the garnishment (certified return receipt requested!!!) listing your case number, district, the date you filed, and a statement to the effect that all garnishment executed after that date is a violation of the automatic stay, and you want it refunded to you immediately. I mean, flesh it out more, obviously, but that's the gist of it. You should see it stop very quickly. And after bk, you can get the judgement itself vacated, so don't worry about that popping back up later.

Good luck to you!!!

[prosefiler]

Thanks a bunch all of you. I am gathering all the information I can and appreciate everyones input. My nerves are still shot but this info is helping calming them down

[JRScott]

I noticed you didn't mention that you had copies of your 2007, 2006, and 2005 tax returns. If you have them get copies ready, if not you'll need to contact the IRS and get copies.

Your trustee should mail you a list of additional materials that he requires.

[MajorMike]

I didn't say it was impossible of course, but may I ask why you're filing in the first place? If it is because of unsecured debt, the point I was making was to STOP paying the unsecured to save for counsel. If your unsecured debt isn't much, then I would question as to why you're filing. I guess I just didn't see too much info from what you first posted. You said you filed because of a 25% garnishment. What is that from? Is that your only debt?
I know Cindy and Fresh like a Daisy did this successfully ( Cindy prior to law changing ) but for me, I'd be scared to death I'd miss something or have nobody to protect me if a creditor filed a dispute ( as in my case currently! )
I'd be crapping my pants personally. I give you much credit doing this on your own and wish you luck!

[prosefiler]

I have about 14k in unsecured debt all accumulated before 2003 anbeyond that its all small medical accounts a health club membership, and some misc debts. Thanks for the tip on the tax returns.

[deafbroke]

I used bridgeport also. I couldn't afford the $1700 the attorney wanted. Also he was going to charge extra for some things that could be done free at the courthouse. I don't trust attorneys as far as I can throw them. I am waiting on my 341 meeting. Just recieved my info sheet from the trustee on what to bring. I found a couple mistakes on my filing but will make the changes at the meeting. No need to worry until after 341 meeting.

[94mom]

There are plenty of us pro se'ers here. One thing that really helped me was to go to the library and read all you can. This board is also more than helpful.. But reading and keeping myself well informed of the process was really a life saver for me. Our library even has the nolo book!

[lrprn]

...go to the library and read all you can. ... Our library even has the nolo book!

Just be sure that any books you read were written AFTER October 2005. That's when the bankruptcy law changed drastically. Any bankruptcy books written before that aren't accurate for filing now.

Also the federal IRS and median income figures change about every six months, and the state bankruptcy exemptions can change periodically as well. The best place to get the most accurate information about these is online.

Happy reading!