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Newbies to ch. 7 with all the questions

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    Newbies to ch. 7 with all the questions

    Hi all,

    I'm JRB. My wife is CMB. If it's okay, we'll share this account and state who's posting what.

    The lawyer says he wants $1,700. We don't have it.

    So, we're thinking do-it-yourself, but have been cautioned not to (by many) because we might miss important things.

    How hard is it? Do we have to become lawyers ourselves to make this thing work right?

    (Probably been asked a thousand times, but here we go again.)

    Thanks,

    JRB

    #2
    From reading this forum, many file Pro Se successfully. I think there is a good sticky about filing Pro Se. However, I'm sure there are many that do not and end up hiring am attorney. Even with an attorney, I imagine there are still bumps in the road towards discharge. Even attorneys foul up filings. It also may depend on how complicated your case is.

    A lot of filers pay their attorneys with money that would have used to pay on debt that will be discharged.
    6/30/2009 Filed Ch. 7
    10/06/2009 Discharged
    01/24/2011 Closed

    Comment


      #3
      Do you have a lot of assets and are you above/below the median?

      There are a few Pro Se posters here with great info...

      Good Luck!
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment


        #4
        Originally posted by hamburgervol View Post
        From reading this forum, many file Pro Se successfully. I think there is a good sticky about filing Pro Se. However, I'm sure there are many that do not and end up hiring am attorney. Even with an attorney, I imagine there are still bumps in the road towards discharge. Even attorneys foul up filings. It also may depend on how complicated your case is.

        A lot of filers pay their attorneys with money that would have used to pay on debt that will be discharged.
        I'll read the stickies. Thanks. JRB
        Last edited by JRBandCMB; 07-07-2009, 06:01 AM.

        Comment


          #5
          Originally posted by liz417 View Post
          Do you have a lot of assets and are you above/below the median?

          There are a few Pro Se posters here with great info...

          Good Luck!
          No assets besides a car. Not a home owner. Only about 12K in debt. Wife is disabled (fighting for disability, been denied twice... grrrrrr) and my income is about 30K which if about 5K below median for this area.

          Does being below the median matter?

          Thanks,

          JRB

          Comment


            #6
            Hi Mr and Mrs. Welcome to the forum. You sound like a good candidate for a Ch7. You will see several recommendations for purchasing the Nolopress book on filing Chapter 7 Bankruptcy. This is a good manual written in plain understandable English that will help you comprehend what is going on even if you do end up using a lawyer. One poster commented that "it helps you keep your lawyer honest."

            Don't get discouraged about the disability. It usually takes three applications before it goes through. Just be prepared to be examined by all sorts of doctors, from what I have been told.

            BTW, the poster, AngelinaCatHub and I are married, and each have our own sign-on. We did that because we have different 'takes' on the same subject being discussed, and different posting styles, that I thought it would confuse everyone if we were to use the same 'nic'. At first I was annoyed that he didn't pick something more original, but as time went on, our posts and comments here and there have helped other couples know that, yes, relationships can survive the stress of BK.

            My best wishes go to the both of you.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment


              #7
              Originally posted by AngelinaCat View Post
              Hi Mr and Mrs. Welcome to the forum. You sound like a good candidate for a Ch7. You will see several recommendations for purchasing the Nolopress book on filing Chapter 7 Bankruptcy. This is a good manual written in plain understandable English that will help you comprehend what is going on even if you do end up using a lawyer. One poster commented that "it helps you keep your lawyer honest."

              Don't get discouraged about the disability. It usually takes three applications before it goes through. Just be prepared to be examined by all sorts of doctors, from what I have been told.

              BTW, the poster, AngelinaCatHub and I are married, and each have our own sign-on. We did that because we have different 'takes' on the same subject being discussed, and different posting styles, that I thought it would confuse everyone if we were to use the same 'nic'. At first I was annoyed that he didn't pick something more original, but as time went on, our posts and comments here and there have helped other couples know that, yes, relationships can survive the stress of BK.

              My best wishes go to the both of you.
              Thanks for the funny post. I could use a good laugh about right now.

              My wife and I are actually coming closer together through this mess. (Crazy Christians, I guess. <wink>)

              We'd love nothing more than to pay our debtors (we do owe them, after all), but there's just no way with my income and her illness.

              We'll get after that BK book right away.

              Thank you.

              JRB

              P.S. I liked that comment about keeping the lawyer honest. It never hurts to know a thing or two about what, say, a car mechanic is doing under the hood.

              I also like something a lawyer friend of mine once said about lawyers in general. "We help people do the right thing." He defends people whose homes or business buildings fall apart due to shoddy workmanship and/or materials.

              His comment changed my opinion of lawyers. (Well, that and knowing his character. He's straight up.)

              Comment


                #8
                you can also use a good website for the means test called consumerleagal.com

                Read read and read more.

                I could have done it my self as i am a wiz at this stuff (former stock broker and owned tax company), but with a discharge of over 1 million dollars it was not worth the 2250 i would have saved.

                As said before since i am not paying any more debt i used that money to pay for the lawyer.

                I did this just incase and guess what, the lawyer knew the trustee and when i went for my 341 it was smooth sailing and the trustee even made a joke with us.

                If you like number crunching and legal jargon then pro se may be for you if not and you have H&R block do your taxes and you cant balance your check book then i suggest spending 1700 for the lawyer. This is one thing you dont want to screw up on.

                Good luck

                Comment


                  #9
                  Originally posted by AngelinaCat View Post
                  Hi Mr and Mrs. Welcome to the forum. You sound like a good candidate for a Ch7. You will see several recommendations for purchasing the Nolopress book on filing Chapter 7 Bankruptcy. This is a good manual written in plain understandable English that will help you comprehend what is going on even if you do end up using a lawyer. One poster commented that "it helps you keep your lawyer honest."

                  Don't get discouraged about the disability. It usually takes three applications before it goes through. Just be prepared to be examined by all sorts of doctors, from what I have been told.

                  BTW, the poster, AngelinaCatHub and I are married, and each have our own sign-on. We did that because we have different 'takes' on the same subject being discussed, and different posting styles, that I thought it would confuse everyone if we were to use the same 'nic'. At first I was annoyed that he didn't pick something more original, but as time went on, our posts and comments here and there have helped other couples know that, yes, relationships can survive the stress of BK.

                  My best wishes go to the both of you.
                  Huh? I didn't know this...........?

                  Welcome newbies. You will be just fine here. Mrs. is correct, you will always get turned down three (or more) times attempting to get disability.

                  The C7 book is great, and although we all wished to pay those who we asked for a loan, there are times (and for sure, these are the times) that we need that new start.

                  We will keep your posting on top of our list. Please keep us informed. 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment


                    #10
                    With only $12K debt, no assets and a wife trying to qualify for disability I would not be in any rush to file bankruptcy. I know $12K seems like a lot of debt for you but it's not when you look at bankruptcy as an option.

                    You don't mention what her disability is but if it ends up requiring medical attention your debt could easily balloon well past $12K. If you've alreadt discharged your $12K debt via bk you'll be up a creek without a paddle on the new debt.

                    I would put off the notion of filing bk and concentrate on holding off the creditors until you have a better understanding of her future needs and income. There are some real experts with great advice in the Collections section of these forums. Check them out and best of luck to you both!
                    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                    Comment

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