File myself?

[pmac123]

Hi,
I was going to file for BK in 2008. When I learned that my credit score wasn't that bad I decided not to. BIG mistake. My credit is worse than ever. So I am going to file very soon, right after tax season. I had an attorney in 2008 and had all paperwork complete all I had to do was sign. Do you all think I should just file myself? Some of the information has changed but I would just have to plug it in. Would the trustees prefer to have an attorney? What about these online preparation companies?
Man, this is so scary!
Thanks

[df04527]

Hard to give you a recommendation but "scary" was enough for us to hire an attorney to worry about most of all of it. If we may have been a smooth sailing case - maybe - but we are expecting problems and our lawyer's words were: "there is not much they can do that we aren't prepared for"....

That made it worth every penney as I do not know all the legal stuff that one needs to know.

[mommi2many]

I filed pro se, but I didn't own anything and because I'm not working, I had the time to devote to it. The process is very time consuming because you must do a lot of research. Even though you already have paperwork, you would be wise to get the Nolo book and research here to make sure everything is correct. My suggestion would be to read Nolo from cover to cover and decide if that is something you feel comfortable with and confident in your own skills. Filing chapter 7 pro se can be done, but is time consuming. You will also be scared and second guess yourself, but asking questions here alleviated my nerves.

One more thing, many lawyers do free consultations where you can ask any questions you have. I did a consultation when I was unsure if I could do it myself. That is a great resource. Also, lots of lawyers have payment plans to make their services affordable so that is something else to think about. Look at all of your avenues first before making this very important decision about your bk.

[helpme2010]

I say use an attorney if you can raise the money to pay for an attorney, especially if you have a complicated case. I can't believe all the help my attorney provided, including unforseen circumstances which arose. If you do it yourself, prepare to be on your toes every day. Judges and trustees won't forgive ignorance because you don't have an attorney.

[chicagoannie]

Like you, I should have filed several years ago. I filed pro se, primarily because there is nothing complicated with my finances...I have no assets and most of my debt was old stuff that kept coming back to haunt me. Plus, my utilities were going go be shut off and I needed to stop that asap. And there is no money for an attorney! Hopefully I will find that I did not make too many errors with my Ch 7 paperwork. I put in a lot of hours researching and had a sample case to look at from my state that was very similar to my own, so that helped me a lot with my paperwork. If you use a lawyer, interview as many as necessary to insure you are comfortable with them. Around me, BK costs anywhere from $400 to $1800 to "the sky's the limit!" so know what you are paying for.

[dumpinmydebt]

I filed pro se because I didn't have the money for the attorney, and to be honest, I just don't trust them to handle it. I am too much of a control freak to hand something like this over to someone I don't know. I like being in control and knowing everything that is going on. I also like learning that way I know what to expect and why certain things are the way they are. We made half the median income, had no assets, no real estate, no judgments or garnishments and had nearly $70k in debt.

I don't think Trustee's prefer one or the other. If you are a well prepared pro se filer, they won't have an issue with you. My Trustee actually complimented me on how well I did at my 341. Best feeling ever.

I would encourage you to purchase the Nolo book and look it over. Also, go to the Federal website and look over all of the forms.

http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx

[tcreegan]

Hi pmac,

What about these online preparation companies? run away, fast as you can.....

Would the trustees prefer to have an attorney? ...they prefer competence over all. A highly researched and prepared pro-se filer is going to make their day much more than a sloppy, barely there attorney.

If you don't have a complicated case and are going pro-se, great advice on getting the NOLO book (www.nolo.com) . You also need to go to your BK courts website and find the local BK rules. Here is where you will find variations on the forms used in your local BK court, order of documents, format of the creditors matrix, whether to use staples or paperclips,

Man, this is so scary! I hear you there! But this is also a blessing in disguise for pro-se filers, we are so terrified of making mistakes that we check everything twice and then check it again....then run through it one more time..

Whichever way you go, you are in good company here, keep posting questions and let us know how you are doing!

Tom in Colo