Filing Pro Se

[zariaH]

Hi! I have a few questions that I hope someone can help me with. Just went through a divorce, defaulted on our Chapter 13 (6 payments left out of 54) and ex had our house foreclosed on (my name was on mortgage). I meet all guidelines for new Chapter 7 laws.

From what I am reading I am assuming that I have to wait 180 days after the defaulted Chapter 13 was discharged (motion to dismiss) to file Chapter 7. This would put the filing date into May. I do not have the money for an attorney. I depleted all my funds and "borrowing" from friends and family to pay for the divorce. I am wanting to file Chapter 7 Pro Se. I have somewhat of a brain in my head and I dont mind doing as much research as possible (I did MOST of the work for the Chapter 13 since my attorney was so busy!).

Does anyone know of any really good links that will give me a clear cut start in preparing for filing? There are so many scam sites out there that I want to be VERY careful with what I do.

Thanks for your help!

[originalhealer]

This may be kind of a "moot" point, but, why did you default on your Chapter 13? If your income was reduced, you could have simply had your payments reduced, converted to a Chapter 7, or filed for a Hardship Discharge.

Now you are under the new laws, and no one recommends that you try to file Pro Se under the new laws...I'm not sure if it is even possible.

If there is no way for you to file an Objection to the Motion to Dismiss for your Chapter 13, then I would suggest that you get in touch with the organizations in your community that offer free legal assistance. I forgot what they are called, but I'm in Atlanta and they have them here. I needed to file an Emergency Petition so I did it myself, but if I had a little time I would have gone there. You could also try Consumer Credit Counseling.

[zariaH]

Thanks for the info. The problem with the Chapter 13 happened because I had no income, had filed for divorce and my ex kicked myself and the children out of the house. When I talked to the trustees office and explained the situation they basically hung up on me. I called the attorney that originally filed the Chapter 13 for us and he was no help. I had no money after the filing of the divorce and could not get any assistance from anyone. I dont even think we would have been eligible for HARDSHIP because though I was no longer working (once I left the house - had an at home business), the ex had significant raises but REFUSED to pay any bills, wiped out all our accounts, etc.

My other question is....does anyone know how long it usually takes for a mortgage company to get a judgment after foreclosure? (Meaning taking bank accounts). I cant file the chapter 7 until about May, can no longer answer the motion to dismiss or file for hardship (which I didnt know about until reading this post). The main income that will be coming in (until I am finished school) is Child Support and Maintenance and from what I understand, they can not take those.....but dont know that for sure!

Thanks for the advice

[bkfiler]

i would get advice from several attorneys regarding this situation about the chapt 7. the appt are free and you will learn a great deal fast.

free is good.

[zariaH]

Thanks, going to make the calls on Tuesday and see if I can get some appts.

[zariaH]

Retained an attorney this morning Cant believe I got the answers I needed on a Holiday. There is no waiting period between a dismissed/defaulted chapter 13 and filing Chapter 7, as I had assumed there was. So, credit counseling to be done by end of month, filing to take place sometime in February and then it will be a waiting game.

One other interesting bit of information I obtained today is this. Under the old bankrupcty laws, marital judgements (monetary and property) could be included. This is no longer true under 523.815. According to my ex, the attorney that he acquired to appeal (what a joke) the divorce judgements has informed him that he could wipe out this debt in bankruptcy. NOT! I had to laugh about that.

So, anyone have any advice on what to expect, etc? Been reading through a lot of the posts and they are very interesting.

[bkfiler]

did you go to serveral? i always recommend not taking the first one. but im glad you feel comfortable with this one.

keep reading as most everything is posted here. if you have any specific questions let us know we will be glad to give you our expertly type un-liscensed opinion.