Can someone help, please?

[ladyluck216]

We planned to file in Dec 09, so we were paying an atty in NV, where we were living. Then my husband lost his job, and we had to move to CA to stay with family. Now we are filing pro se. We did pay an atty about $275 from Sept 09-Dec 09. So on the fee waiver, do we put we paid an atty for this case? We did show we paid them on the statement of financial affairs. We are filing in CA now, since we moved. We still qualify since we lived in CA before we were in NV. But that case/atty was for NV.

[ladyluck216]

Anyone?

[tcreegan]

attorney paid, fee waiver

Hello Ladyluck216,

I think you posted a good puzzler......

It might depend on whether the NV attorney actually did anything for you.....did they prepare any papers for you?

We still qualify since we lived in CA before we were in NV.

Qualify for the fee waiver or qualify to file in CA?

Found this, ssems to apply in your case....

5. The district court or the bankruptcy court should consider the totality of the circumstances in determining whether the debtor is unable to pay the fee in installments as provided for in amended Section 1930(f)(1) of title 28, United States Code. Official Form 3B elicits information relevant to this determination. A debtor is not disqualified for a waiver of the filing fee solely because the debtor has paid (or promised to pay) a bankruptcy attorney, bankruptcy petition preparer, or debt relief agency in connection with the filing.

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/JCUSinterrimProcedures.aspx

Hope this helps,

Tom in Colo

[MSbklawyer]

Full disclosure is always the best policy. So, where the fee waiver form asks whether you have paid an attorney in connection with this case, you can probably safely check the 'no' box. But then put an asterisk beside your answer and on a separate sheet explain the circumstances.