How to file Chap 7 on my own...

[dscurlock]

I got the cost of how much, and i cringe everytime i hear
that it will cost me $2-$2500 for filing BK, after all, the secertary
does most of everything, and the attorney just takes it to the
court house...and heck, he more then likely outsources another attorney, pay him a $100, and he may do all the leg work.. who knows.
I have my own secertary, and shes cheap.

I just need to know how you guys did it, current forms, and so forth..
my attorney said I need to bring in bank statements...but if i file myself
will the trustee ask for these documents, its hard for me to sleep nights,
knowing i do not have $2-$2500k just so he can sleep and eat a good steak.

help would much be appreciated...

[SinkingFast]

Others here have done it. You might try searching Pro Se. Also, there are a couple of stickies up top of various sections of the Forum. Sites to locate editable forms online. What Trustees look for in the new forms. Etc.

The Nolo Book is a great source.

[monlyba]

i just ordered the Nolo book ($19 from Amazon) and got it the other day. i'm anxious and eager to get started going through it as i've decided pro se makes the most sense for me. i don't know why they want a bankrupt person to come up with $1400+ to file!

[dscurlock]

nolo book

i just ordered the Nolo book ($19 from Amazon) and got it the other day. i'm anxious and eager to get started going through it as i've decided pro se makes the most sense for me. i don't know why they want a bankrupt person to come up with $1400+ to file!

Personally I do not think I would want that, after all, that book
was written in 1984, it probably has outdated forms, and surely
nothing about the new laws...much less new forms.

[monlyba]

no no no no - this book was updated like, this year! has all the new info from the new laws. you may have looked up an old edition. the new one is like 13th edition i believe, so i'm sure it's gone through many revisions!

http://www.amazon.com/gp/product/1413304516/sr=1-1/qid=1155965368/ref=pd_bbs_1/002-5009372-8831212?ie=UTF8&s=books

[dscurlock]

nolo book

no no no no - this book was updated like, this year! has all the new info from the new laws. you may have looked up an old edition. the new one is like 13th edition i believe, so i'm sure it's gone through many revisions!
http://www.amazon.com/gp/product/141...e=UTF8&s=books

ok, this sounds interesting... does it have all the forms you need, or tells you where to get them?

[dscurlock]

BK cost..

i just ordered the Nolo book ($19 from Amazon) and got it the other day. i'm anxious and eager to get started going through it as i've decided pro se makes the most sense for me. i don't know why they want a bankrupt person to come up with $1400+ to file!

I found out if I were to proceed with an attorney, it would
cost between $2-$2,500k...

I just wonder, what if you make a little mistake or something
that the trustee may not allow, what happens then, does
it get tossed out...since there would be no attorney involved..

how do you make sure I keep the house and car? I see
on Sc A - Secured Loans...If i listed my property, then
it will be listed in the BK, and I know I must list everything,
how do you reafirm the house and car so they are not taken?

[confusedinVA]

Hello, I would seriously reconsider filing on your own if you are buying a house and car. I filed mine on my own with the help of this forum and Nolo Book but that was because I am not buying a house and my car is paid for. I think the Nolo book gives instructions on reaffirming house and car but I would seriously reconsider it.

[miss puff]

ok, this sounds interesting... does it have all the forms you need, or tells you where to get them?

Yes it does. Also, check out your states bankruptcy website. That will tell you exactly what forms you need and you can download them and print them off.

Like Confused said, I would maybe consider if you have alot of assetts you want to protect (home, car)

Some, not all attorneys will do a monthly payment plan. You front the $299 filing fee and under a 3rd party agreement, you can make monthly payments.

[dscurlock]

reafirm

Yes it does. Also, check out your states bankruptcy website. That will tell you exactly what forms you need and you can download them and print them off.

Like Confused said, I would maybe consider if you have alot of assetts you want to protect (home, car)

Some, not all attorneys will do a monthly payment plan. You front the $299 filing fee and under a 3rd party agreement, you can make monthly payments.

2 assets is not a lot, I dont understand why i would want to reconsider because I want to reaffirm my house and car... I want to keep the house and car...not loose it to BK.

[dscurlock]

reaffirm

Yes it does. Also, check out your states bankruptcy website. That will tell you exactly what forms you need and you can download them and print them off.

Like Confused said, I would maybe consider if you have alot of assetts you want to protect (home, car)

Some, not all attorneys will do a monthly payment plan. You front the $299 filing fee and under a 3rd party agreement, you can make monthly payments.

or, what if i do not reaffirm, but my payments are caught
up on the house and car?

[SinkingFast]

I just wonder, what if you make a little mistake or something
that the trustee may not allow, what happens then, does
it get tossed out...since there would be no attorney involved..

how do you make sure I keep the house and car? I see
on Sc A - Secured Loans...If i listed my property, then
it will be listed in the BK, and I know I must list everything,
how do you reafirm the house and car so they are not taken?

If you make errors in your BK Petition, your BK could get tossed. That's the word here. When we met with our attny, originally, in March, he told us that's the what the Court was doing here. Other posters have noted hearing the same things in their Courts in other parts of the Country. The Trustee would not explain to the Filer what their error(s) was/were or give them a chance to correct the petition. They were just tossing the BK filing. That's a risk you run. Maybe, once you have your papers in shape, you could pay a BK paralegal a nominal fee to run over them for you. Check to be sure you've dotted your i's and crossed your t's.

If you decide to reaffirm, the Court will hold a meeting with you to discuss the Reaffirmation(s). You'll get an explanation of what you're doing and asked if you're sure you want to reaffirm the debt(s). If you used an attny, the attny would do this with you. Pro Se filers get this form of advise and info from the Court so the BK Court is sure you know what you're doing AND that you were not forced/coerced into reaffirming debt you really can't afford to or do not want to pay.

[lrprn]

Personally I do not think I would want that, after all, that book
was written in 1984, it probably has outdated forms, and surely
nothing about the new laws...much less new forms.

You are looking at the wrong Nolo book. This is the one you want, and it was published in 2006 - http://www.nolo.com/product.cfm/Obje...D0792C01A/213/

This version includes all the latest bk forms and incorporates the changes made by new bk law from last October. It's excellent to use when you have an uncomplicated, no asset Ch 7 case that you want to file pro se....which if you've represented your own situation accurately here in your posts, is definitely NOT the case for you, dscurlock.

[dscurlock]

filing next week...

If you make errors in your BK Petition, your BK could get tossed. That's the word here. When we met with our attny, originally, in March, he told us that's the what the Court was doing here. Other posters have noted hearing the same things in their Courts in other parts of the Country. The Trustee would not explain to the Filer what their error(s) was/were or give them a chance to correct the petition. They were just tossing the BK filing. That's a risk you run. Maybe, once you have your papers in shape, you could pay a BK paralegal a nominal fee to run over them for you. Check to be sure you've dotted your i's and crossed your t's.

If you decide to reaffirm, the Court will hold a meeting with you to discuss the Reaffirmation(s). You'll get an explanation of what you're doing and asked if you're sure you want to reaffirm the debt(s). If you used an attny, the attny would do this with you. Pro Se filers get this form of advise and info from the Court so the BK Court is sure you know what you're doing AND that you were not forced/coerced into reaffirming debt you really can't afford to or do not want to pay.

looks like i have been overruled by the wife...my theory is, if someone had $2-3k in disposble income, then really why would they need to file bk, after all, there must be a good source to get that kind of money, we have an appointment with the atty next week...we just dont have $2k laying around,
I guess its time to shop around a little before next friday.

[monlyba]

dscurlock, i totally feel you on how ridiculous it is to be expected to come up with a few thousand bucks when you're filing bankruptcy because you're having serious financial troubles! i never have that much money lying around, and would need to save it up for a few months. but after reading posts here, i feel more confident about filing pro se because i have NO assets and my case seems to be pretty cut and dry. i am financing a car, but there is no equity in it and i don't think it should be a big deal for me to keep making payments and keep it, but i'll of course do more research into that to be sure. i know it is frustrating when everyone's answer is not what you were hoping to hear, but the people on this forum seem to have a lot of experience and knowledge about BK and so even though the laws aren't fair and sometimes don't make a lot of sense, there's little you can do besides go with things as they are. like others have said... i have read most if not all of your posts and i know if i were you, i would not feel comfortable filing pro se because of all the little details that are iffy for someone who isn't thoroughly educated about the laws. good luck!