I cant afford a lawyer....Legal aid turned me down

[TessS]

Is there a turbotax kind of thing online? Or has anyone used a form preparer (they scare me cuz their skeevy)

[LadyInTheRed]

Welcome to BKForum!

There is nothing Turbotax like. There is software called BestCase that attorneys use, but I think it is too expensive to make it practicle for a pro-se filer. A form preparer can't do anything you can't do with access to a printer. They aren't supposed to do anything but follow your directions on how to complete the forms. You can download all the forms you need at your local court's website. The trick is filling everything out correctly and understanding the Bankruptcy Rules, the Federal Rules of Bankruptcy Procedure, your local court rules and customs and relevant state law (re exemptions) so that you can successfully navigate the process through to discharge. You will be acting as your own attorney and need to be educated enough to do that.

Some will say that if you can't afford an attorney you don't need BK at this time or BK won't help you. I think this is true in many cases, but not all. If you stop paying all of your unsecured dischargeable debt, can you save money to pay an attorney? If not, think about whether you will be able to live within your means after BK, which includes saving money for emergencies. Do you have wages that can be garnished or property that can be taken by a judgement creditor? Have you been sued by any creditors? Have you considered waiting until you are in a better financial position to file or at least giving yourself time to save to pay filing fees and attorney fees?

[TessS]

I think I still need the help because its the payday loans (I know I shouldnt have but I did) that are taking about half my paycheck. I talked with an attorney today, and he wanted $1200. I cant come up with that kind of money, not if payday loans are taking all my money. I just cant save up. There are some online places that say they can do the petition for like 99, and I could come up with that. Do you know anything about those, should I consider them?

Welcome to BKForum!

There is nothing Turbotax like. There is software called BestCase that attorneys use, but I think it is too expensive to make it practicle for a pro-se filer. A form preparer can't do anything you can't do with access to a printer. They aren't supposed to do anything but follow your directions on how to complete the forms. You can download all the forms you need at your local court's website. The trick is filling everything out correctly and understanding the Bankruptcy Rules, the Federal Rules of Bankruptcy Procedure, your local court rules and customs and relevant state law (re exemptions) so that you can successfully navigate the process through to discharge. You will be acting as your own attorney and need to be educated enough to do that.

Some will say that if you can't afford an attorney you don't need BK at this time or BK won't help you. I think this is true in many cases, but not all. If you stop paying all of your unsecured dischargeable debt, can you save money to pay an attorney? If not, think about whether you will be able to live within your means after BK, which includes saving money for emergencies. Do you have wages that can be garnished or property that can be taken by a judgement creditor? Have you been sued by any creditors? Have you considered waiting until you are in a better financial position to file or at least giving yourself time to save to pay filing fees and attorney fees?

[Drazil65]

Have you looked up the forms yourself? Search for chapter 7 (I am guessing) pro se for your state/district and print off. Do you have assets? If not, just complete and sign, you can always go to a couple more "free" consults with atty's just to ask the questions you may have after seeing the forms. Then just pay the filing fee (which you will pay regardless) file and you are on your way.

The one thing I would ask you is, have you stopped going to Payday? You will need to be able to exist without the advances or credit cards (if you use them) for filing chapter 7 to work in your favor. Hopefully you learned a valuable lesson. Good Luck!

[LadyInTheRed]

I think I still need the help because its the payday loans (I know I shouldnt have but I did) that are taking about half my paycheck. I talked with an attorney today, and he wanted $1200. I cant come up with that kind of money, not if payday loans are taking all my money. I just cant save up. There are some online places that say they can do the petition for like 99, and I could come up with that. Do you know anything about those, should I consider them?

Close the account that they are taking payments from and open an new account at a different bank. Then start living without payday loans.

The online places are document preparers. They are not attorneys and are not allowed to tell you how the forms should be completed. It's a waste of $99.

[bcohen]

It sounds to me like your main problem is payday loans, and there is a much easier way to solve that problem than to file for bankruptcy. All you need to do is close the bank accounts which the payday lenders have access too, open a new account at a different (unrelated) bank or credit union, and ignore the threatening phone calls and/or letters which you will probably receive. Payday lenders are the least likely of all types of creditors to file a lawsuit, as they often operate outside the boundaries of the law.

Unless you already have judgments and are having your wages garnished in addition to the payday lenders debiting your bank account, I suggest you delay filing for bankruptcy until you actually need it.

[TessS]

Know i should just change banks, but ive been at the same credit union for a long time and they know me. dont want to lose them. ugh

[TessS]

It sounds to me like your main problem is payday loans, and there is a much easier way to solve that problem than to file for bankruptcy. All you need to do is close the bank accounts which the payday lenders have access too, open a new account at a different (unrelated) bank or credit union, and ignore the threatening phone calls and/or letters which you will probably receive. Payday lenders are the least likely of all types of creditors to file a lawsuit, as they often operate outside the boundaries of the law.

Unless you already have judgments and are having your wages garnished in addition to the payday lenders debiting your bank account, I suggest you delay filing for bankruptcy until you actually need it.

do you think i shouldnt? feel like I should.

[AngelinaCat]

Go to Nolo.com and purchase the latest edition of their online guide for doing Chapter 7 yourself.

Read that thoroughly and ask many questions here. We are here to help you.

[bcohen]

do you think i shouldnt? feel like I should.

No one--including an attorney--can give you intelligent advice without knowing your COMPLETE financial situation, i.e. the number of debts and amount of money owed, your current and expected future income, and whether or not you are being sued or have previously been sued. However, in general, one should file for Chapter 7 bankruptcy if they have debts which exceed 1/2 of their annual income, or are being sued and/or garnished for debts which they cannot afford to pay and still maintain a reasonable standard of living.

[avengers]

Know i should just change banks, but ive been at the same credit union for a long time and they know me. dont want to lose them. ugh

Honestly, who cares if they "know" you? They don't actually care about you. You're just a customer who happens to have a friendly relationship with some of the employees. I was with my bank for 16 years. Did that come in handy when I lost my job? Of course not. They just wanted my money. As soon as I got in trouble, they started assessing fine after fine on me. They were never my friend. My guess is your CU isn't your friend either. It's a business relationship. Treat it that way.

[BKAttyMI]

The great Credit Union marketing ploy is the "personal relationship" they make you feel like you have with them. Wait until you owe them money, they will not hesitate to come after you, in fact, in my area, they are the first ones to sue you. Leave the Credit Union and save yourself. You can always go to another Credit Union, you need to save up money for a bankruptcy attorney.

[LadyInTheRed]

If your credit union is worth having 50% of your paycheck garnished to keep the relationship, then they will accept you as a member again after your BK. I'm guessing they aren't worth it.

[AngelinaCat]

If your credit union is worth having 50% of your paycheck garnished to keep the relationship, then they will accept you as a member again after your BK. I'm guessing they aren't worth it.

In our case, 'Hub had been a member of his CU for nearly 40 years. He wanted to retain the membership. He had to reaffirm an automobile loan--no problem there, we only had about 10 months more to go--and an overdraft protection loan.

There were no other requirements than those. Other than those, we were good to go.

So, if your CU is requiring a 50% garnishment, then it is time to go elsewhere.

[Karichar]

Request bank stop payments on checks. Write cease and desist letter with a request for monthly step down payments. Send the letter certified. They get their money and you don't have those high interest payments. They will work with you. Cheaper than BR.