No solid income, have to file pro se

[Suz]

hi

This is my first post.

I recently had to drop out of a debt relief program where I paid off one creditor but still owe 2 others. I'm self employed and my earnings have slowed to a halt--so I had to quit the program.

I don't want to go on too much about my saga--but after thinking about it objectively, the most realistic avenue is chapter 7 bankruptcy.

I spoke to a legal aid attorney and because I have no meaningful wages to garnish, they can't represent me. They have suggested I attend their bankruptcy clinic and go pro se.

My case is fairly simple. No wages to speak of--and an old car that's valued at maybe $1000. There is a small risk of the car being seized so I want to file asap.

Anyway...it's pro se for me. I barely have the $299 to file right now...and that's my priority--so obviously can't hire a lawyer.

What resources, including books, do you recommend for filing pro se? I saw posts here about the NOLO book and Bankruptcy for Dummies. I found another one called the Bankruptcy Kit by Matt Pelc. Wondered if anybody had any opinions on that or other recommendations.

Thanks!

[AngelinaCat]

I recommend the NOLO book for filing Ch7. You can get a downloadable PDF version for around $17.00. It has recently been updated, and contains forms and the exemption schedules for each state. Also the Federal schedule and whether or not your state will allow them. It is written in plain English and will become your reference book. That, plus reading through the various forums here, especially the CH7 and Pro Se boards will be a big help.

Good luck to you!

[Suz]

Thanks Angelinacat! I just downloaded the ebook and even got a discount using a coupon I found on another thread. (a416)

[BobMango]

hi

This is my first post.

I recently had to drop out of a debt relief program where I paid off one creditor but still owe 2 others. I'm self employed and my earnings have slowed to a halt--so I had to quit the program.

I don't want to go on too much about my saga--but after thinking about it objectively, the most realistic avenue is chapter 7 bankruptcy.

I spoke to a legal aid attorney and because I have no meaningful wages to garnish, they can't represent me. They have suggested I attend their bankruptcy clinic and go pro se.

My case is fairly simple. No wages to speak of--and an old car that's valued at maybe $1000. There is a small risk of the car being seized so I want to file asap.

Anyway...it's pro se for me. I barely have the $299 to file right now...and that's my priority--so obviously can't hire a lawyer.

What resources, including books, do you recommend for filing pro se? I saw posts here about the NOLO book and Bankruptcy for Dummies. I found another one called the Bankruptcy Kit by Matt Pelc. Wondered if anybody had any opinions on that or other recommendations.

Thanks!

You need to check into filing a fee waiver with your petition. Sounds like you would be a good candidate and could save yourself the $299 for something like groceries.

[justdone]

We filed pro se ... and just had our 341 ... thus far I m glad we didn't hire an attorney, because for a simple case like ours I almost think it would ve been a waste!

[Suz]

It WOULD be nice to get that file fee waivered. The legal aid attorney thought I might have a hard time because the courts are suffering from the economy too. But if they see my bank account they might just allow it. :-)

Also, the credit card counseling fee. I don't have active credit cards anymore anyway. I learned my lesson--and have gotten into the habit of living within my means and paying everything in cash. Which right now is bare necessities.

Not much credit counseling can teach me that I haven't already learned through hard knocks.

[BobMango]

It WOULD be nice to get that file fee waivered. The legal aid attorney thought I might have a hard time because the courts are suffering from the economy too. But if they see my bank account they might just allow it. :-)

Also, the credit card counseling fee. I don't have active credit cards anymore anyway. I learned my lesson--and have gotten into the habit of living within my means and paying everything in cash. Which right now is bare necessities.

Not much credit counseling can teach me that I haven't already learned through hard knocks.

Well you never know until you try. Plus I don't know why the court's financial issue should become yours.

As far as the counseling goes, go to the Bankruptcy court and put in your state for the approved credit counseling agencies. Approved Credit Counseling

You can find the ones that offer it by internet, then check each for the cheapest price. I believe you can also petition to have this done at no charge to you.

For post filing education, I used this group National Personal Finance It's just 14.95 per person.

[danaf]

Nolo book is ok. I recommend going to your court and viewing some recent bk's like yours, on pacer for free. (most courts have computers and you can view for free). This way you can see how the attornies fill out the petitions to make sure yours is in-line with your district. I filed pro-se and I did this myself.

[danaf]

Also - I thought the pdf format bk forms were difficult to fill out. I used this site which made it much easier to fill out the forms. The money was worth it to me. They also have updated exemption lists per state.

http://www.1clickbankruptcy.com/pricing.htm

[justbroke]

I might have a hard time because the courts are suffering from the economy too.

Hogwash. Not only did the U.S. Bankruptcy Court have about $36M left over in money from PACER fees... the U.S. Government keeps printing money.

[DiamondsR]

I didn't have to pay for the credit counseling fee, as well as had my filing fee waived. You sound like you'd be a good candidate (and I was in your shoes too).

The credit counseling class I took was online and I remember it asking for $50 for the class. I just called them and told them I didn't have $50, explained my only income was unemployment, and they waived the fee for both the pre-filing counseling and the post-filing counseling.

Initially, when I filed the Ch 13 (later had to make it a 7), I was told I didn't have to pay the fee until right before the discharge (in Seattle, they accept filings without the fee as long as you complete the installment application form and give them a date within the next 180 days that you'll pay).

For a Chapter 7, representing myself really hasn't been that difficult but I'm glad I filed the 13 first because it became painfully obvious to me as I completed the forms that I had literally no money (and why) as well as the fact when I actually was employed, I was underemployed/underpaid.

You said you want to buy a house in 3-4 years in your initial post. That may be a little unrealistic but you can technically get a mortgage I think in 2 years. Don't rush into anything.

[ApresMoi]

Did the legal aid attorney say there was a small risk your car could be seized? I just missed my third payments on the cards. I have been told it's 'too early' for anyone to sue me. Someone coming after my car (it's paid for) could create a major problem for me. Does anyone know how this works in CA? Is this possible? A creditor could take the car?

hi

This is my first post.

I recently had to drop out of a debt relief program where I paid off one creditor but still owe 2 others. I'm self employed and my earnings have slowed to a halt--so I had to quit the program.

I don't want to go on too much about my saga--but after thinking about it objectively, the most realistic avenue is chapter 7 bankruptcy.

I spoke to a legal aid attorney and because I have no meaningful wages to garnish, they can't represent me. They have suggested I attend their bankruptcy clinic and go pro se.

My case is fairly simple. No wages to speak of--and an old car that's valued at maybe $1000. There is a small risk of the car being seized so I want to file asap.

Anyway...it's pro se for me. I barely have the $299 to file right now...and that's my priority--so obviously can't hire a lawyer.

What resources, including books, do you recommend for filing pro se? I saw posts here about the NOLO book and Bankruptcy for Dummies. I found another one called the Bankruptcy Kit by Matt Pelc. Wondered if anybody had any opinions on that or other recommendations.

Thanks!

[Suz]

Thanks to all of you for such valuable advice and feedback. Boy am I glad I found this forum. Just from this thread alone I know about 5 more things than I did 2 days ago. :-)



DiamondsR, you wrote:

You said you want to buy a house in 3-4 years in your initial post. That may be a little unrealistic but you can technically get a mortgage I think in 2 years. Don't rush into anything.

Yikes...that must've been someone else's post. I can't even buy an outhouse in the foreseeable future...haha!

[Suz]

Did the legal aid attorney say there was a small risk your car could be seized? I just missed my third payments on the cards. I have been told it's 'too early' for anyone to sue me. Someone coming after my car (it's paid for) could create a major problem for me. Does anyone know how this works in CA? Is this possible? A creditor could take the car?

ApresMoi--Although my bankruptcy status is pretty simple and straightforward--my debt situation is a bit complicated. A creditor can't seize anything, to my knowledge unless they win a judgment against you in court.

And I can give you a good heads up on that...

What happened to me is that I went into a debt relief program. Those programs basically instruct you to stop paying your creditors so they can negotiate a lower debt amount for you.

One of the creditors, Chase Bank, sold my debt to a collection agency that masks as a law firm. I guess they have practicing attorneys on hand.

Anyway...long story short...this collection agency won a default judgment against me because the debt relief program was negotiating on my behalf, and I was not properly instructed on how to proceed.

I probably could file a small claims suit against the debt relief program for that. I may just do that.

However, to answer your question...because they won a judgment against me by default (which was a technicality really as I had no idea what the hell was going on)--they legally have the right to seize any assets. Only one I have for them to take is my car.

If my car was worth more they'd be here in a blink.

My advice to you--if anyone tries to take you to court...make sure you show up! But for now, you are safe, as I understand the law.

[ApresMoi]

Ah, got it. Thank you for the clarification. I wondered if my car was still going to be there when I headed out to the parking spot this morning. Ha ha.

I am very wary of all the debt relief agency offers to help me with my financial crisis. Though I read somewhere (forget where) that if you are insolvent at the time you settle, that you would likely not owe the IRS any taxes on the forgiven debt.

I'm still looking at all my options (dread filing Ch. 7, though I am fairly certain that is what needs to be done).

I have settled down a LOT from when I first starting reading and posting here (I was in full-blown panic mode when I discovered this forum in a Google search -- 25 phone calls a day from debt collectors will do that to one). You are in good hands with many of the more experienced posters and moderators here.

ApresMoi--Although my bankruptcy status is pretty simple and straightforward--my debt situation is a bit complicated. A creditor can't seize anything, to my knowledge unless they win a judgment against you in court.

And I can give you a good heads up on that...

What happened to me is that I went into a debt relief program. Those programs basically instruct you to stop paying your creditors so they can negotiate a lower debt amount for you.

One of the creditors, Chase Bank, sold my debt to a collection agency that masks as a law firm. I guess they have practicing attorneys on hand.

Anyway...long story short...this collection agency won a default judgment against me because the debt relief program was negotiating on my behalf, and I was not properly instructed on how to proceed.

I probably could file a small claims suit against the debt relief program for that. I may just do that.

However, to answer your question...because they won a judgment against me by default (which was a technicality really as I had no idea what the hell was going on)--they legally have the right to seize any assets. Only one I have for them to take is my car.

If my car was worth more they'd be here in a blink.

My advice to you--if anyone tries to take you to court...make sure you show up! But for now, you are safe, as I understand the law.