New Member Filing on Monday

[Debster222]

I am so glad I found this forum. I am getting my paperwork ready to file for a 7 on Monday, hopefully. I actually dabbled in this a few months ago and then got cold feet. After going to an attorney who left me feeling raped, cornered and without hope due to the fact that he wanted $1,500.00 before he would do ANYTHING to get me out of an active garnishment. I remember during our initial consultation, him shoving a paper in front of me when I was hem-hawing about whether it was right for me to retain him. He basically came up with some mumbo-jumbo about ending the consultation right then or signing the paper to continue the discussion.

Anyhoo, after 3 months and selling off stuff, I finally got the $1500.00 together, but decided that was just too much money to pay this guy who made me feel ripped off, for lack of a better term, so I bought the Nolo book on how to file and have all the forms, etc.. I've been reading here for a couple of days and see that many have done this successfully.

Should I be nervous? What are the chances of having it thrown out over a small mistake, etc.? That is what I fear. Everything I've read elsewhere says that even the smallest mistake could get you thrown out.

Any advice or comforting words would be appreciated.

[BK2008]

Find another attorney, or study study study.

If you have a simple case, no assets, you go do this on your own.

If I had found this forum before I filed, I never would have used an attorney.
This forum and the people on it rock!

[keepmine]

First things first. Have you done the Credit Counseling and made arrangements for the Debt Management course required before discharge?
Do you have any assets to protect?

[Cali]

I wish my attorney would have only wanted 1500.

I was very happy that I retained an attorney instead of me having to do all the work and worry about things.

I really think if you are serious about filing yourself, you will need to study all you can and make sure everything is done the proper way.

Good Luck!

[laurannm]

I agree with Cali. Having an attorney is definitely the best choice. The only way we would have considered pro se would have been if we were a simple, no asset, below-median case. Even then I would have thought long and hard before tackling BK by myself

[Debster222]

First things first. Have you done the Credit Counseling and made arrangements for the Debt Management course required before discharge?
Do you have any assets to protect?

Yep, I have taken the pre BK counseling and am set up to do the post later on. I did go away from attorney's office armed with a little more knowledge and I got the Nolo book on how to file and I've read it completely, so I think I'm good.

[Debster222]

I agree with Cali. Having an attorney is definitely the best choice. The only way we would have considered pro se would have been if we were a simple, no asset, below-median case. Even then I would have thought long and hard before tackling BK by myself

That's about where I'm at. I have no assets anymore...sold most of it off a year and half or so ago trying to stay afloat. I was taking care of my mother who was dying of cancer and the man I've been with for 16 years became very ill the first of this year and this has pretty much depleted all the savings we had. I live in a rental house and I work at the Kmart Distribution Center here in Colorado. I only make $12.00 an hour. I do have a fairly new car...2005...but I owe more than blue book says it's worth, or it's a wash, at best.

I have not stocks, bonds, investment or retirement accounts. Heck, if it weren't for the fact that Discover Bank just started garnishing my wages, I'd just ignore the debts and not worry about it. Most of the people just wrote me off and don't bother me anymore.

I've been researching and reading on this for several months now and I really think I can do this.

[Debster222]

I wish my attorney would have only wanted 1500.

I was very happy that I retained an attorney instead of me having to do all the work and worry about things.

I really think if you are serious about filing yourself, you will need to study all you can and make sure everything is done the proper way.

Good Luck!

Thanks, Cali! I'm sorry you had to fork out even more than that. I feel like I was baited, but I'm not falling for the hook. When I first called, they asked me some questions about my situation and told me they could do what they call an "assisted 7" which meant they would prepare the papers and I'd do the leg work and go to the 341 meeting alone. When I got there, he said that because I already had an active garnishment, that he couldn't do the assisted. I TOLD the girl on the phone about the garnishment.

[danaf]

I filed pro-se. At first the paperwork seemed intimidating....and the pdf forms from the state's bk site were not user friendly. So I got the fillable forms from 1clickbankruptcy.com after another member from here recommended it. I thought they were pretty good. I also went down to my bk office and used their pacer for free to do research on how some of the attorneys filled out the petitions. That helped a lot.

The trustee didn't have any complaints on my paperwork so I guess I must have done it right. Just study, pace yourself, and ask questions if you are going to go pro-se. It is a project and isn't something to be done overnight.

[ameliabedilia]

We filed pro se. We were no asset and fairly simple as well. However- I would not file Monday if you just got the book and have only been on here a few days. I would definitely wait a week at least while you study, also I would talk to a lawyer at the bk office or legal aid. I had one look over my paperwork before I turned it in.
Going it alone can be done if you are prepared!

[Joe Farmer]

Debster- I HEAR you!

The problems and complaints in here and elsewhere seem to FAR outnumber the people that are happy with their choice of a BK lawyer. I say go for it- and when it is done treat yourself to a vacation or a spa treatment to congratulate yourself on going it for yourself....GRRRR.
Go for it!!

[frobscottle]

I filed pro-se, having a very simple situation. No business, no real property, no secured loans, passed means test. I had the sense that every lawyer I spoke to was trying to sucker me. Had the 341 on 7/8/08. The trustee asked me if I had had any help. I told him I had the Nolo book and some internet resources. He said I had done a very nice job of the filing and he was very pleased with it. He told me he saved my case for last so that I could hear the questions asked of the other debtors since I was the only pro-se filer that day.

You're right about the lawyer's fee. If your case is simple it's not worth $1,500.00. Go ahead and spend a few dollars looking at pacer cases in your area. Doing that really helped me relax about the whole thing. I found that some cases filed by lawyers don't appear to be all that well prepared.

Don't be afraid. Remember the bankruptcy laws are there for your protection. The people you will deal with are diligent but don't confuse that with the notion that they're biased in favor of the cc companies and are looking for some minor reason for dismissal or conversion. They're not.

Take a deep breath, be honest, do a good job of the paperwork and you'll be fine.

[Debster222]

Thank you, Joe Farmer! I am happy for the encouragement and although the filling out the forms is a bit daunting, I am feeling better about it every minute I work on it. I am going through the forms now.

frobscottle....Thank you so much for your post. I really am feeling better and less nervous. I am glad to hear from others who have done the pro-se. That's what I was hoping for here.

I do have to ask though...what is pacer?

[Debster222]

I filed pro-se. At first the paperwork seemed intimidating....and the pdf forms from the state's bk site were not user friendly. So I got the fillable forms from 1clickbankruptcy.com after another member from here recommended it. I thought they were pretty good. I also went down to my bk office and used their pacer for free to do research on how some of the attorneys filled out the petitions. That helped a lot.

The trustee didn't have any complaints on my paperwork so I guess I must have done it right. Just study, pace yourself, and ask questions if you are going to go pro-se. It is a project and isn't something to be done overnight.

I got some free fillable forms from another source for free and they are far easier and neater than trying to fill them out by hand. If anyone here needs the forms that are fillable in Acrobat, let me know.

[BK2008]

Thank you, Joe Farmer! I am happy for the encouragement and although the filling out the forms is a bit daunting, I am feeling better about it every minute I work on it. I am going through the forms now.

frobscottle....Thank you so much for your post. I really am feeling better and less nervous. I am glad to hear from others who have done the pro-se. That's what I was hoping for here.

I do have to ask though...what is pacer?

http://pacer.psc.uscourts.gov/

Pacer is a website where you can track all of your (or anybody elses) court cases, bankruptcy or other us cases.

You need to sign up for a log in, they will e-mail you that, and know it's not free. .08 cents per page you look at, but it's a good way to keep track of your case, just don't go looking at it on a daily basis, or it will cost you $$$,
Changes don't occur frequently, so it isn't necessary to look at it all of the time, but it will give you the outline of what was filed, and give you your status on the Bk case.