How to file Chap 7 on my own...

[javaman]

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...

Although I'm planning a Chapter 7, I'm in a similar situation. In order to pass the means test, you can't have enough spare money to pay an attorney. I'm on borderline for Chapter 7. I'm thinking of doing my own BK; I just don't want to go to jail. I hope that some who've had experience will respond.

[lrprn]

Although I'm planning a Chapter 7, I'm in a similar situation. In order to pass the means test, you can't have enough spare money to pay an attorney. I'm on borderline for Chapter 7. I'm thinking of doing my own BK; I just don't want to go to jail. I hope that some who've had experience will respond.

Welcome, javaman! Many of those here who have successfully filed pro se already have responded to other posters asking the same question as you have. Do a search using "pro se" as the search term - you'll learn a great deal about how people here filed their Ch 7 bk without a lawyer. Pay careful attention to the post dates though - anything earlier than October 2005 is operating under the old bk law which is quite different than the new bk law that went into effect after October 15, 2005.

Filing pro se for Chapter 7 when you have very few assets and a simple case without complex issues can work if the debtor does his or her homework and understands bankruptcy very well. However, if unusual circumstances are involved (you own your own business, have a large amount of equity in your home, already have liens against property, etc), filing pro se is risky. Also filing pro se means you don't have the benefit of knowing the customs of your local trustees and previous rulings by the judges in your bankruptcy district.

Please keep us posted on what you decide to do. Ask questions here any time - we'll help where we can. Good luck!

[SinkingFast]

Although I'm planning a Chapter 7, I'm in a similar situation. In order to pass the means test, you can't have enough spare money to pay an attorney. I'm on borderline for Chapter 7. I'm thinking of doing my own BK; I just don't want to go to jail. I hope that some who've had experience will respond.

Being borderline is comment enough for me to strongly advise you to hire a good BK attny.

If you're on the edge, and go in Pro Se, the Trustee could easily whack a couple of expenses here and there. Voila! You're in a Ch 13 plan before you ever know what hit you.

Go in with a well respected, honorable attny by your side, and the Trustee probably won't even bat an eyelash at your petition.

[dscurlock]

filing next week...

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!

we will end up seeing an attorney... We can either file jointly, or i can file myself, if i file myself, if thats the case, the house is cosigned by my wife, i have no job, and all the debt is only in my name.. if we file jointly, well he makes 63k/year, house is in her name, car is in her name, and we do not want to loose those, plus she has around $25k debt, along with my $100k debt... what ever the best way i can get chap 7, Ill do..that doesnt count
the property tax at year end, $6,000. I cant even think on where we will get that from...

[IndianaBK4Me]

DIY Bankruptcy

I am now in the process of checking out the process of filing my own bankruptcy (pro se) under Chapter 7, and here's what I've learned:

From the US Bankruptcy Court, itself:
BK Basics (PDF) (Cased Filed ON or AFTER 10/17/2005)
BK Basics (PDF) (Cases Filed BEFORE 10/17/2005)

ALL BK Forms are available on-line from US Courts.Gov. Be sure to READ THE TRUSTEE'S GUIDE HERE to help you with your forms!!!

You can file a BK and for the Clerk's Filing Fee, if you qualify, ask for installment payments or even have them waived altogether. If the debtor's income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid.

For the Pre and Post -BK Counselling, I'm looking into an online service. Per the Federal Trade Commission:

"Pre-bankruptcy Counseling:

A pre-bankruptcy counseling session with an approved credit counseling organization should include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and a personal budget plan. A typical counseling session should last about an hour or so, and can take place in person, on the phone, or online. The counseling organization is required to provide the counseling free of charge for those consumers who cannot afford to pay. If you cannot afford to pay a fee for credit counseling, you should request a fee waiver from the counseling organization before the session begi

So I am looking into Money Management, Int'l, who offers both pre- and post- BK Counselling on-line. I completed their registration form, then when I got to the payments tab, I clicked "NO, I do NOT have a Debit card" and called their counselors (available 24/7) at 800-308-2227. The CSR asked if I did not have a debit card. I mentioned that I was asking for a fee waiver, per the US Bankruptcy Court's Fee Waiver guidelines. The CSR then pulled up my information and handed me off to a counselor. The counselor and I spoke and I do qualify for a fee waiver. However, the first session must be completed over the phone. In fact, I just completed it over the phone, fee waived, and my certificate is being faxed and emailed to me. The over-the-phone session took approximately 20 minutes. The counselor pulled up my 3 credit reports and we went over it briefly. I was very satisfied with it and hope my POST-BK-Filing Education goes as well.

I'll fill you in more as I progress through this process.

Now, for my questions:

1. How do I get the addresses for all the creditors that are on my credit report?
2. Do I have to give an account number for each creditor?
3. Has anyone done the "creditor matrix" that I've seen listed? Any tips/hints?

The best of luck!

[gacreditguy]

IndianaBK4Me , please post your own thread to get your questions answered. This thread is for the OP and his issue. Thanks

[lrprn]

[*]How do I get the addresses for all the creditors that are on my credit report?

We got ours by saving our creditor bills and recording the payment mailing address plus the return address on the envelope.

[*]Do I have to give an account number for each creditor?

Our lawyer said if we had more than one account at a single creditor, to give him every account number so we could be certain the creditor was notified we were filing on all accounts we held with them.

[*]Has anyone done the "creditor matrix" that I've seen listed? Any tips/hints?

Our lawyer asked us to fill in a paper form for each creditor that included every piece of available information we had about them - addresses, total amount owed, last payment, total payments in last 6 months, etc. His paralegal then entered the creditor and their addresses into their software program which created our creditor matrix automatically.

Hope this helps!