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    Do we need an attorney?

    My husband and I are filing Chapter 7 around May or June of this year. I'm not sure if we need an attorney. What is an asset case?

    We don't have a mortgage (we pay rent). We have probably $30,000 in credit card debt (last payment was over 2 years ago) and that also includes a $10,000 bill for skipping out on a lease we could no longer afford(september 2009). We are WELL below the median income, by at least $10,000. All of the furniture in our apartment was given to us by family, they don't have much value, they are about 40 years old!

    So there is nothing they could take to sell. We received a large tax return (about $4,000), but have spent almost all of it on groceries $700, paying off the electric bill $500, my husbands necessary dental work $1000, some much needed quality work shoes for my husband $200, and work pants for him $100, my eye exam and contacts $400, the pre-bankruptcy online course, and the rest in savings for the bankruptcy fees.

    We can get an attorney, as long as they offer a payment plan. But obviously if it's not necessary then I'm not going to waste the thousands on it.

    Any advice is appreciated!
    I am not an attorney and any advice given is simply opinion based on my personal experiences. Always ask an attorney before making legal decisions.

    #2
    If you are asking whether you need an attorney it's an indicator to me that you need an attorney.

    Pro se filing is not for the faint of heart. Good luck to you.
    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

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      #3
      ejhamilton: I always prefer people use an attorney, not just for peace of mind, but because I am one and I'm a fan of bankruptcy attorneys :-)

      In your case though, if everything you said is accurate and you don't have any strange bank account, insurance policy, inheritance, etc, then it doesn't sound like you need an attorney.

      --William
      I am an attorney, but I am just not your attorney.
      As such, any statement is not intended to create an attorney/client relationship.

      Comment


        #4
        You might want want to get a copy of the Nolo Press book called "How to File for Chapter 7 Bankruptcy" http://www.nolo.com/products/how-to-...uptcy-HFB.html

        Read it and spend some time browsing this board and then decide how comfortable you feel filing on your own.

        I was going to answer your question "what is an asset case", but I suggest you search for the answer on your own. I don't mean to be unhelpful. But, if you can't find the answer, that would be a good sign that you need an attorney.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          Originally posted by LadyInTheRed View Post
          You might want want to get a copy of the Nolo Press book called "How to File for Chapter 7 Bankruptcy" http://www.nolo.com/products/how-to-...uptcy-HFB.html

          Read it and spend some time browsing this board and then decide how comfortable you feel filing on your own.

          I was going to answer your question "what is an asset case", but I suggest you search for the answer on your own. I don't mean to be unhelpful. But, if you can't find the answer, that would be a good sign that you need an attorney.
          Thank you. I'll be buying that book today.
          I am not an attorney and any advice given is simply opinion based on my personal experiences. Always ask an attorney before making legal decisions.

          Comment


            #6
            Originally posted by ejhamilton View Post
            Thank you. I'll be buying that book today.
            There's an electronic coupon around the internet that may be able to save you $10 on the electronic copy of the NoLo Book. I think "A416" may still work... but I don't know. You would apply the coupon on the "payment" screen. Don't forget to apply the coupon.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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