To Pro Se or not to Pro Se that is the ?

[Lavvman]

Hey everyone thanks in advance for all the kind words and not so kind words that have pushed me along to not drag my feet. I had a consultation today the lawyer wants 700 + 300 Filing Fee Plus $35 per creditor. My question is how hard would it be to file pro se? before you respond this is my situation Im 26 years old I DO NOT OWN A HOME, I do own a car which is current, i just have numerous medical bills, utility bills, old credit cards, and 13k repo from 4 years ago and some other stuff that im sure im forgeting. How hard would it be to file pro se. Any input ?? I just cant afford anything anymore and my student loans are coming due pretty soon and definatly cant default on them. Thanks everyone.

[Lavvman]

I have purchased nolos ebook for the new bankruptcy law also

[Cali]

There have been a few that have been successful with filing pro se. I preferred to use an attoreny, even though I probably could have done it myself.

I've never heard of an attorney charging per creditor.

How much is your total debt?

[Keebler]

I've learned enough that I could have filed pro se. But I also know how the system works and how there's courtesy extended between attorneys that isn't necessarily there for an outsider like you or I.

I decided that I was going to discharge thousands of dollars of debt and spending a thousand or two on an attorney was cheap insurance.

If you look at the big picture, you've probably wasted more money at times on less valuable things than the attorney. I know it's true for me...

I figured that the knowledge I gained by studying bankruptcy would help make sure my case was steered the right direction, and the attorney's name on the paperwork was worth some peace of mind.

If you can learn enough to file yourself, but then save enough to hire an attorney, you've got an unbeatable combination.

[AngelinaCat]

I never heard of a lawyer charging per creditor, either.

If you are a *simple* case--everything is relative--you can probably do just fine. Several forum members have/are done so and been successful. Then there are some like my husband and myself with such a miserable attorney experience, that we would have been better off doing it ourselves.

Just be sure that you study that nolo book from stem to stern.

And, student loans are not dischargeable.

Good luck.

[Lavvman]

reply

ya thats what i thought $35 per creditor even though i only have like 15-17 i mean that really adds up. Hes the only attorney i could find for less than 2k and i just cant afford that much. I'm going to try myself see what i can do I'll keep everyone posted on how it goes whats the worst they could say is NO denied then im back to where i was and only out 300 bucks.

[tunskit]

We're going pro se. Ours is no asset, all consumer debt. Our most complicated aspect was having a couple of things to list on Schedule D and figure out the exemption process for the items securing those loans. We aren't reaffirming a car loan. We both had student loans, and I'm self-employed. We haven't had our 341 yet, so I'm not 100% certain I didn't screw up anything, but I'm confident in 98% of the paperwork. Personally, paying $1,500 to an attorney was an expense I couldn't afford, and after seeing the schedules, I was a lot more confident in my own capabilities. I'll let you know how it all goes next week, but I'd recommend pro se for simple cases.

If you do file pro se, just make sure you take the credit counseling course before filing, and the debtor education class after filing. That was the most confusing part for me--I didn't realize, initially, that there were two classes.

Good luck with your decision!

[danaf]

I filed pro-se successfully. But, I took my time, read these boards, asked questions, read, researched.

I used 1clickbankruptcy.com to help me with filling out the forms because the one's you get from the bk state sites are not user friendly.

The nolo book on bk is a good place to start but it definitately does not address every issue.

For a simple no asset case, anyone can do it. Just not quick.

[rilbrianne]

I agree with the above, you could probably do it yourself but most important - RESEARCH!!! You need to know what you can claim as exempt and you need to have all the paperwork. For example, we filed Pro Se and with flying colors I might add but we had to have certain papers for Michigan and certain papers for our district. You'll have to go on the website for your district and get those papers you need but make sure you get any extras for your state as well.

Know the rules and follow them to a T. No big purchases within "?" many days, keep payments on your car current, etc.

You'll do fine and if you do need the extra help, we are here and the NOLO book is extremely helpful. I wasn't going to get it but felt safer having a guide to go by.
Good Luck!!

[Debster222]

I filed pro se and had no problems at all. I used the Nolo book as well. You just have to read the book carefully and make sure to dot the i's and cross the t's. Above all, tell the TRUTH on your forms. Believe me, they will find out if you lie. I know this, because I had a dump truck that I used for my business that I didn't have anymore, so I didn't list it and the trustee knew what make it was. I didn't do anything wrong by not listing it, but I was surprised at what he knew.