Any closed no- asset cases wish they used an attorney?

[Beeheery]

hi everyone,
just wondering who, if any non-asset bker's filed pro se but looking back wish they spent the 1k for an attorney. i am no asset but am feeling like i need an attorney because i might mess something up and get my case dismissed without discharge. i am not being sued, have no judgments against me and the calls have stopped since i switched my number. i guess the only thing i need an attorney for is to make sure i filled out all my papers right and possible assistance with my 341 meeting. any help would be appreciated. thank you.

[HHM]

Well, there is more to BK than simply filing out forms.

Just go speak with a few attorney's to see if there are any complications with your situation.

[Beeheery]

Hi HHM,
I have a phone consultation with an attorney tomorrow afternoon but of course I just read a thread on here that states that during consults they arent going to give you any more info than here. Which is a problem for me of course because I have asked on here a few times whether or not I need to include my roommates income for the past 6 months and his paystubs since he pays 100% of everything or not since we are not married etc and we have no joint accounts. A few people on here said consult with any attorney and now I dont know if I she will even tell me. But of course I need to find this out so I know how to file whether its pro se or with one. Sigh...

[justbroke]

As HHM has written... BK's are about an individual. What's good for one debtor isn't particularly good or smart for another. There are strategies and tactics involved because Bankruptcy is a technical procedure. In some instances, it can be like performing surgery on your debt. Cut something out here, while leaving something else perfectly in tact (e.g. lien stripping in Chapter 13s).

As far as roommate income, it is only what offsets your expenses. There is nowhere on the forms (B22A, B22C) to indicate a roommate, only a spouse. You do not include a roommates income over 6 months, because you are not legally entitled to it, as you would be as a spouse (in almost all States).

However, the amounts you use for rent, utilities, etc, must be offset by how much the roommate contributes to that expense.

I think HHM and I have differing ways to present this, but say your rent is $1,000/month. Your roommate pays half. Then your true rent is only $500/month. You would put $500/month on your schedules/forms.

Your lawyer will instruct you on what to do. Make sure you tell them you have that type of living situation and that they do contribute to the operation of the household, and be prepared to demonstrate or tell the attorney to what extent they do. Which is fancy for... how much do you really pay each month for essentials.

[HHM]

Well, they will ask about your specific circumstances and be able to offer advice. Where we are limited is that we usually don't have the whole picture of someones circumstances. The attorney will ask you questions about your income, expenses, total debt, types of debt etc, so even though the advice will be somewhat general in nature, it will still be tailored to yoru individual circumstances.

[Beeheery]

Thank you both. My only fear is that I will not be allowed to file Ch. 7. I have ZERO expenses. Not a dime. Its all my roommate. The only money I have contributed in the past year is approximately 500.00. Thats it. Nothing more. So that is what I am saying. I don't know what to put for expenses because I have none. He does. He pays everything. Rent/food/medical etc. But in order to qualify I have to show I make less than I spend. But my income is ZERO and my expenses are ZERO. Him being my roommate does not offset anything because he pays 100 percent. I will speak with the attorney tomorrow to see what I put as income and expenses. I will let you know. Thank you again.

[justbroke]

If you have no income and no expenses... then I think that makes you a perfect candidate for a Chapter 7. However, remember the 6 month lookback.

Have you earned any money in the last six months? Specifically July through December 2008?

[dingdong]

I filed Pro-Se. Here the attorney would have cost 2000.00, not 1000.00. Simply didn't have it. I had a wage garnishment and a small tax levy. Owned no secure property. No secured loans of any kind. HUGE student loan debt, which doesn't get discharged anyway, so not a big issue there. Had a small run in with a dismissal (forgot a form), which I handled myself ( with the help of this forum), reinstated in one day. Had my 341, one creditor showed up, sat next to me and we chatted, didn't speak at the hearing ( my creditor, who was basically clueless and thought they had to show up, they were the reason for my garnishment)

341 was a piece of cake. Declared no asset and my Trustee asked to be discharged of duty.

Spent tons of time reading before filing, am very well educated and probably a bit more savvy than the common filer when it comes to legal issues.( Which I think many on this board are) Waiting 60 days till discharge.

Had I had the 2000.00 to use an attorney without causing me to be homeless or severe financial strain, I MAY have. But given that I really had no property in jeopardy to lose, and if I did screw up, the cost/benefit ratio was somewhat in my favor, if I had the money , I most likely would have filed Pro-Se anyway. But each case is different, it really depends on your ability to research the laws, read the info in the forums and apply them to your situation, understand the process and what may happen if you make an error and how much you are willing to risk by filing Pro-Se. It is a very personal, case appropriate decision that you must weigh heavily, the pros AND the cons.

My total cost so far was the 299.00 to file and the 7.99 for the NOLO book plus PACER fees( cause I am addicted to PACER now, but that is another thread altogether!)

However I am not discharged yet, so anything can happen in the next 60 days.

If the 1000.00 is not a huge issue for you , it may well be worth your peace of mind to use an attorney, but remember that intial 1000 bucks doesn't usually cover anything but the filing of the petitions, filling in your forms and attendance at the 341, if you have other issues, it will most likely cost you more ( Reaffirmations, Adversarial Proceedings, Defending creditor motions, etc)

[TEW]

I could have filed with out a lawyer. I had all to forms filled out I could have just handed them in and payed the filing fee. BUT there are somethings I think i need to have a professional do for me.