Filing Chapter 7 on my own

[nygirl82]

I'm trying to file Chapter 7 on my own, without legal help. I have no money to pay anyone. I also have no belongings, besides a 3rd hand used car that was given to me years ago by my mother. I make no payments on the car.

Given the fact that I have no assets, the paperwork is fairly straight forward. The one thing I'm having trouble with is sorting out all my debts right now. I have 6 or 7 accounts that are past due, for over a year. On my credit report, usually the original lender is only listed, even though the accounts have been forwarded to a debt collector or charged off. I'm very confused about how to actually identify who at this moment holds all of my accounts and what the exact amount is, given that interest is constantly accruing.

There are few things, besides sorting out all my accounts, that confused me with the paperwork, but I think I can figure it out if I reread and research a little. I wonder if my case will be thrown out if I make a minor paperwork error. I've done my pre-bankruptcy counseling and plan to file for a fee waiver since I'm unemployed with no savings.

[Drazil65]

Even if you file on your own in the end you still may want to go ahead and make appointments with 2 or 3 attorneys for the free consults. Ask alot of questions and gather some information from them. They may see something in your case that you are not aware of or at least let you know your options. Also read all the stickies and the other info here, read everything. Good Luck!

[nygirl82]

My case is really simple. I own nothing. I'm beyond poor. I can't pay settlements. I'm unemployed and don't expect to have a job any time soon due to serious health problems. I live in a remote area and there aren't lawyers around here who offer free consults.

I really need help trying to figure who I owe money to because it seems like the credit report isn't up to date (it's two days old, but has a mixture of original and collections). I know once accounts are in collections, they frequently change collectors. Some of my accounts have been transferred several times. The phone calls have been strangely absent lately and of course I don't get notifications in the mail, so I'm kinda at a loss right now.

[btbeme]

The best way to list creditors is to use your mailbox and your credit report. Anything that shows up in either - list it. Getting calls? Nicely ask them for a mailing address where they can be reached, or ask them to mail you something so you can "look at it." Sure, you will have duplicates because your debts were sold again and again, but no biggie - just list them. That way they will all get their nice little letter from the court instructing them to stop. It is also handy to have them listed if they continue to call and harass you later.

There are free services that can help you make sure your paperwork is in order. Many attorneys will also do you the favor of looking over your info if you have it all filled out before you visit them. BK attorneys have to make money, but they are also human beings with compassion. Ask one or two and see what they say, or ask them for a referral to a service that can help.

[shark66]

My case is really simple. I own nothing. I'm beyond poor. I can't pay settlements. I'm unemployed and don't expect to have a job any time soon due to serious health problems.

Given the entire set of circumstances that you've described, and most notably the part that I had underlined, I don't believe that filing would be in your best interest right now.

From what I'm gathering, you're collection proof. Your medical problems are likely to generate serious medical bills at some point.

Until you've gotten a job with health insurance, or came into possession of something that you'd need to protect, you've got no business filing BK in my opinion.

Good luck to us all.

[nygirl82]

Given the entire set of circumstances that you've described, and most notably the part that I had underlined, I don't believe that filing would be in your best interest right now.

From what I'm gathering, you're collection proof. Your medical problems are likely to generate serious medical bills at some point.

Until you've gotten a job with health insurance, or came into possession of something that you'd need to protect, you've got no business filing BK in my opinion.

Good luck to us all.

I think you were too quick to jump to conclusions. I've got health insurance that covers 100% of all my medical bills and I'm not at risk of losing coverage. I don't have medical bills adding up, or any bills for that matter. I haven't incurred any new debts in over a year, maybe almost two years. My reason for including the fact that I'm sick is to explain why I don't expect to be employed soon.

I don't see the purpose of just sitting on this debt. I can't pay it off, but also, all of the reasons why got into debt in the first place have been eliminated, so I'm not at risk for taking on more debt after bankruptcy. The longer I hold out, the more interest accrues and the larger my debts become. Also, the non-stop calls to my cell and home phone are effecting those around me. There's no point in living in denial and pretending this will go away, because it won't. I can't pay my debts and I'm acknowledging that.

[nygirl82]

The best way to list creditors is to use your mailbox and your credit report. Anything that shows up in either - list it. Getting calls? Nicely ask them for a mailing address where they can be reached, or ask them to mail you something so you can "look at it." Sure, you will have duplicates because your debts were sold again and again, but no biggie - just list them. That way they will all get their nice little letter from the court instructing them to stop. It is also handy to have them listed if they continue to call and harass you later.

There are free services that can help you make sure your paperwork is in order. Many attorneys will also do you the favor of looking over your info if you have it all filled out before you visit them. BK attorneys have to make money, but they are also human beings with compassion. Ask one or two and see what they say, or ask them for a referral to a service that can help.

Will it cause problems if I have repeat listings? Does the court somehow contact the creditors and tell them I've filed and the debt, whatever it may be at that point, is erased? I do remember seeing something about law students or paralegals running BK workshops about an hour from where I live, so I'm trying to find info on that.

I did ask the one creditor that called today to send me their mailing info because I was filing for BK. He was very nice about it because he filed 10 years ago! For some reason, all the others have stopped calling recently. I know it did slow down around the holidays, but I figured it would pick up again, but it hasn't. I do have paperwork from everyone who was collecting last summer. I think I can contact them and find out where my accounts have gone, maybe?!

[shark66]

I think you were too quick to jump to conclusions.

No, you just haven't included all the pertinent info in your original posting... such as:

I've got health insurance that covers 100% of all my medical bills and I'm not at risk of losing coverage. I don't have medical bills adding up,
* * * * * * * * * * * * * * * * * * *
I don't see the purpose of just sitting on this debt. I can't pay it off, but also, all of the reasons why got into debt in the first place have been eliminated, so I'm not at risk for taking on more debt after bankruptcy.

You're about three steps ahead when compared to most people in a similar situation. Seriously.

List *everything* and *anything* you find on your credit reports, if you list the same debt seven times no one will really care.

While I understand that you're unemployed and all that goes with it, I'd still suggest taking a good look at NOLO book - it would be money well spent in my opinion, for anyone intent on filing Ch. 7 under any circumstances, and especially for those amongst us going pro se.

Good luck to us all.

[OhioFiler]

You should list the original creditor and any third party agencies who have either tried to collect for the OC or have purchased the debt. You want them all on the schedule so they get notice and stop bothering you. Even if one or more are left off the schedules, as a non-asset case all your debts will be discharged whether listed or not. If you receive collection activity after you file, simply send them the Notice of Chapter 7 Bankruptcy filing or after discharge the Notice of Discharge.

Don't over think that list and don't worry that some debts are listed twice in terms of dollars. If you want, the collection agencies can be listed as "Notice Only" on Schedule F.

The dollar amount listed isn't terribly important either. The entire debt is discharged even if you listed the amount incorrectly.

Spend some time reading the Pro Se threads.

We filed Pro se and it was really a breeze.

[nygirl82]

You should list the original creditor and any third party agencies who have either tried to collect for the OC or have purchased the debt. You want them all on the schedule so they get notice and stop bothering you. Even if one or more are left off the schedules, as a non-asset case all your debts will be discharged whether listed or not. If you receive collection activity after you file, simply send them the Notice of Chapter 7 Bankruptcy filing or after discharge the Notice of Discharge.

Don't over think that list and don't worry that some debts are listed twice in terms of dollars. If you want, the collection agencies can be listed as "Notice Only" on Schedule F.

The dollar amount listed isn't terribly important either. The entire debt is discharged even if you listed the amount incorrectly.

Spend some time reading the Pro Se threads.

We filed Pro se and it was really a breeze.

Thanks for that info, it was really helpful. I didn't realize that a BK ruling "wipes out" everything, no matter what's listed. That makes me feel better. I was worried about documenting the exact amount, down to the penny, which changes constantly, of course.