Just Filed

[kristineco]

Hi everyone out there in bk land. After reading many posts and agonizing over the bk process/details i finally filed today.

I filed pro se because it was either file with an attorney or pay my property taxes. I decided to go it alone and we shall see what happens.

This decision has been heart wrenching and has affected my mood and my relationship with my SO. We have been fighting about money for EVER now and most of it has to do with my bk. I used to have wonderful (or so i thought) credit. Then i bought a house and got a second mortgage and ran the credit cards right up again buying stuff for the house. Then i was feeling like my life was out of control so i bought two scooters and a vacation ownership. Huh? That makes no sense to me now but at the time i felt like i still had some control over my finances. Boy was i wrong. Then the credit card companies raised my interest rates to 30% and lowered my available balances just because i had too many outstanding balances. Man did this make me mad!

Mad is what i have been for the past several months. Mad at myself for screwing up my finances and mad at everyone else in my life for not understanding my stress especially my SO who is a HUGE part of the financial problem but doesn't want to discuss it. So i have felt so damn alone in all this. I used to be the one with good credit so now i feel ashamed/guilty/embarassed/depressed. I used things to fill up the emptiness/void in my life left when my father died when i was 17 and thereafter whenever i had another loss. So here i am today.

I just want to feel like we are stable in our finances and not always behind. I want to be able to not obsessively worry about money all my waking/not sleeping hours.
I want peace of mind again and i don't know how to get it because all i see is a HUGE mountain that still needs to be climbed and several other bills that are months behind that i did not include because they are utilities and my step daughter's cell phone. I do not know when/if we are gonna get out of this hole we are in or if it is gonna tear us apart. Thanks for letting me vent. I have been holding all this crap inside for a while.

Kristineco

[FilingOnMyOwn]

Welcome to the site Kristen, and good luck on your case. You'll find plenty of resources here to help insure success. I did it pro-se myself as well, successfully, and you can too.

[annikasaunt]

Kristine,

You are not alone. Your story sounds so similiar to mine! And we share the same name, spelled the same and everything!

You will feel a huge relief when you get started with this knowing everything will be ok!

I was terrified before I filed, but I have a wonderful atty and the girls in his office are so good to me. That helps alot! I know you're doing it alone, but you can do it!

You will have a life again once everything is settled. Just keep your thoughts on that!

Good Luck,
Kristine in CT

[so-beyond-broke]

You're not alone

Hi Kristine:

You are not alone trust me. Your story seems very similar to mine. I plan on getting the courage to file next month and on my own as well, so I am doing my best to educate myself on how to do it. I haven't had a good night's sleep in months and I can't focus at work and I am in such a fog mainly due to money issues. Last year was very rough economically and in December I decided that BK will be the only route to take. I am sick of agonizing over money. My SO thinks that I am obsessed, but he should talk. He's chronically out of work which means that I have to keep it together as well as raise 3 teens. Maybe if he could have kept a job, I probably would have gotten a better handle on stuff. But everything I earn goes directly to supporting my family - including him. There's nothing left to pay the mounting debt. It would be interesting to know what research and materials you consulted to file your Bk. I wish you luck and keep us all posted.

sbb

Hi everyone out there in bk land. After reading many posts and agonizing over the bk process/details i finally filed today.

I filed pro se because it was either file with an attorney or pay my property taxes. I decided to go it alone and we shall see what happens.

This decision has been heart wrenching and has affected my mood and my relationship with my SO. We have been fighting about money for EVER now and most of it has to do with my bk. I used to have wonderful (or so i thought) credit. Then i bought a house and got a second mortgage and ran the credit cards right up again buying stuff for the house. Then i was feeling like my life was out of control so i bought two scooters and a vacation ownership. Huh? That makes no sense to me now but at the time i felt like i still had some control over my finances. Boy was i wrong. Then the credit card companies raised my interest rates to 30% and lowered my available balances just because i had too many outstanding balances. Man did this make me mad!

Mad is what i have been for the past several months. Mad at myself for screwing up my finances and mad at everyone else in my life for not understanding my stress especially my SO who is a HUGE part of the financial problem but doesn't want to discuss it. So i have felt so damn alone in all this. I used to be the one with good credit so now i feel ashamed/guilty/embarassed/depressed. I used things to fill up the emptiness/void in my life left when my father died when i was 17 and thereafter whenever i had another loss. So here i am today.

I just want to feel like we are stable in our finances and not always behind. I want to be able to not obsessively worry about money all my waking/not sleeping hours.
I want peace of mind again and i don't know how to get it because all i see is a HUGE mountain that still needs to be climbed and several other bills that are months behind that i did not include because they are utilities and my step daughter's cell phone. I do not know when/if we are gonna get out of this hole we are in or if it is gonna tear us apart. Thanks for letting me vent. I have been holding all this crap inside for a while.

Kristineco

[SinkingFast]

You got guts, Lady!!

I'm too chicken to file without an attny. So we're skrimping.

First we had to pay auto insurance. Now we're gonna pay State Income taxes we owe. We've already given the attny $350 so we ONLY owe about $800 more for attny's fee and filing fee and we can file.

Best of Luck to you!!

May you have sweetheart for a Trustee and a softie for a Judge!!

YOU GO GIRL!!

[aa06a47]

I'm alot like SinkingFast...too damn scared to file on my own. The new laws are still up for alot of interpretation. The lawyer I saw today said the trustees are changing there procedures everytime a ruling comes down. She actually advised me to get it filed quickly even if I didn't go with her, because of a few perticulars in my case, it is favorable to me now but those interpretations could be gone soon.

Good luck filing on your own. If it is a simple case, you will probably have no problems. If it is borderline though, I would speak with an attorney.

[Minnymouth]

Best advice I can give someone that is planning on filing pro se is: Consult at least 3 attorneys (no charge) and see what your up against in your bankruptcy. Then make your decision whether you can handle filing pro se.

REMEMBER - If you file pro se - YOU are responsible for everything!!! All paperwork HAS TO BE PROPER AND FILED CORRECTLY - or you risk dismissal.

Any additional requirements from the Court are your responsiblity. There will be no one to fill out the paperwork, make snap decisions, and decide what is in your best interest.

When you file pro se - you are at the mercy of the Trustee and the Court........... They know the laws, you don't.

Many people who file pro se can and do screw up their bankruptcy and end up getting it dismissed because of their lack of knowledge of the bankrutpcy process.

But if you feel that you are knowledgable, can handle all the particulars that your going to run into, and can do it in your "best interest" - THEN GO FOR IT.....

Attorney's will accept payment plans..... you might even qualify for legal aid......... Paralegals are cheap also....

If you file pro se - do your paperwork, have a paralegal check it for you (cheap).... then file...

$1500 sounds expensive, but to wipe the slate clean..... believe me it's not!!!

Good luck,

Minny

[annikasaunt]

My atty charged me $1000 and it was money well spent as far as I'm concerned! I could never imagine doing this myself! I don't understand half the lingo and their office just seems to take care of everything. I give them what they want and it's done! I paid them with my income tax return, don't know if that will come back to bite me, but if it does...so be it! I'll pay the trustee if they want it!

I have been doing much needed repairs on myself and my home with the money I had normally been sending to some of my creditors...it feels really good to be spending this on necessary stuff instead of blowing it like in the past to get me to this point!

I feel so refreshed for doing this...get your life back and go for it!

[Minnymouth]

Okay to use your refund for the attorney fee - I did!!!
Yes and its a good feeling to have that money going towards things you really need...
Now is the time to get that auto tuneup, replace those tires, do repairs on the home..... and save a little nest egg thru your bankruptcy process.....
Yes its well worth letting the attorney handling it, though keep a close eye on what he does....

Minny

[annikasaunt]

Once the paperwork is filed how long before you have your 341 meeting? Do you get to pick a date, or is one given to you?
I have a very tight work schedule seeing as there is only one person who can fill in for me. He is my boss and if he is not here, I have to be. Do they let you reschedule if the date doesn't work out for you?
I don't want to upset anybody in the court system for sure!

[kristineco]

Thanks

Thanks for listening to my Sob story. I am now feeling calmer about this whole bk thing. As an aside every time i read bk i think of "burger king" and get hungry. No really i feel such a relief now having filed and seen on PACER that my filing was accepted and i have a 341 scheduled. Wooo Hooo!
Now comes the major part over which i have very little control. I have a car that is $1400 over the exemption amount but on PACER my case is listed as no asset. I imagine that these things are up to interpretation/adjustment by Mr Trustee. Well we shall see.
So here I go on this roller coaster ride.

Filed 3/13/06
341 Scheduled for 04/19/06

kristine

[SinkingFast]

Thanks for listening to my Sob story. I am now feeling calmer about this whole bk thing. As an aside every time i read bk i think of "burger king" and get hungry. No really i feel such a relief now having filed and seen on PACER that my filing was accepted and i have a 341 scheduled. Wooo Hooo!
Now comes the major part over which i have very little control. I have a car that is $1400 over the exemption amount but on PACER my case is listed as no asset. I imagine that these things are up to interpretation/adjustment by Mr Trustee. Well we shall see.
So here I go on this roller coaster ride.

Filed 3/13/06
341 Scheduled for 04/19/06

kristine

One attny explained your car situation to us.

If your car is older, maybe higher mileage, it won't bring top dollar and Trustee's don't hold out for the best price. They quick sale. Plus, the Trustee pays a company to do the sale for them. So they have costs to sell the vehicle on top of getting a lower price.

Plus, whatever amount of exemption you placed on the car, the Trustee will have to pay that to you if he/she siezes your car and sells it. So the Trustee has to be real sure the car is gonna bring the price or they tend to not mess with it.

Trustees are greedy and lazy. They go after things that will bring bigger bucks so they get more dollars in their cut. The easier the better. Cars are easy pickin's compared to houses. Houses can be white elephants and Trustees typically don't like to mess with them unless there's HUGE equity for a big payoff at the end.

[kristineco]

Concerns about trustee

Ugh. After reading some of the posts on here i am starting to freak out and panic about losing my house, car, etc. I am filing on my own and now i hope that the trustee doesn't try to force me in to a 13 because my mortgage is too high for my area or something else unforseen. My PACER flags are MEANSNO and something else and i am also worried about that. Oh well as my mother says "What is....is."

Kristine

[Minnymouth]

Go back on pacer and tell us exactly what the "flags" said on your account.......
Maybe we can help explain the meaning of them.....

[mangoman39]

MeansNO means that there is no presumption of abuse based on your' means test. That's a good flag.