I am single, have no assests, have just CC debt and a car loan that I am looking at discharging in the BK. I have a student loan but know those can not be discharged. I have a listing of all my creditors. I can print the BK form from online. I have no IRA, 401K or anything like that. I have just a checking account and savings with little in each. I know I have to take a pre filing credit course and file the certificate with my BK filing. So do I really need to spend money for an attorney that I really don't have?
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Probably not. Let me ask you this...when was the last time you used your credit cards, do you have any recent cash advances?
It wouldn't hurt to consult with an attorney or 2 to see where you stand. Consults are typically free. -
Last usage
On two of my cards it was back in late March, the rest it was late 2008, basically after I lost my previous job I cut up all but 2 of my cards. I kept those two current through March, but just got to much. Haven't made any payments on any since mid Februray, one has gone to collection, other 8 heading that way.Comment
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Then you probably don't "need" a lawyer. The question really is how comfortable you are with the risks of doing it yourself. As previously mentioned, at least go consult with a couple lawyers and see where you really stand.Comment
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I'd suggest the NOLO bankruptcy book to look over while you make your decision, it'll give you an idea of the paperwork you need, and the process. I think there is a link in this forum to it
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May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.Comment
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Seconding the Nolo book recommendation. I originally thought about filing pro se, but I got the money for a lawyer from a relative and I'm so glad I did. I wouldn't feel comfortable going it alone and I like the lawyer I found. If you're okay with going pro se, go for it!Comment
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I have
I have reviewed that book and overall outside of the counseling sessions it doesn't appear like much else has change since I filed back in 99. Since I have no assests to list it's just making sure all my creditors are listed and correctly, what monies I do have and such. I have spoken on the phone with an attorney and he said the pre filing course is nothing big, just take the class and include the certificate. Since my debt is all CC and a car loan, I don't see any of them challenging.Comment
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I filed pro se and had a similar situation.
Absolutely no assets, small income (under means w/dependants). most of my debt was medical though, only about 3000.00 in old CC debt that had been charged off and I had a smallish tax liability (1200.00).
It isn't too difficult if you do your due diligence and read and take your time and make sure you have everything you need.
Don't do it quickly. Take at least a couple weeks to prepare. Read a lot on this forum and the NOLO book.
And while I felt very comfortable that I had done everything correctly, I did screw up by forgetting one page of the means test within the 15 day requirement and was dismissed. I overcame it with help from this forum. My point is even if you are feeling 100% confident, things can happen. But "things" can happen if you have a lawyer as well.
Just take your time getting it all together and go over everything at least 5 or 6 times before actually filing and if you have any doubts or questions, post them here before you file. When you get an answer, do your due diligence and research it.
Make a checklist of things that need to be filed, your Pre bk course, your Debt ed course, get your tax returns from at least the last 2 years, cc statements, paystubs, all the stuff you need and dedicate your time to filing and understanding it all and you should be ok.
Since you have a car loan read up on reaffirming, doing a ride through, and surrendering if that is your intent. That will probably be the biggest "issue" as you will need to know what is in your best interest re the loan and what to expect if you are reaffirming.
Good luck!Comment
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That much of a change?
You needed pay stubs and cc statements? Also is the means test paper work part of the paper work for filing? I only make 1800 a month and after taxes bring home 1300. I presently pay out $1315 in living expenses, what other means things do I need? Also I am aware of the pre filing counseling course what is the debt course you speak of? When I spoke with a lawyer I asked him if there was anything else besides the pre filing course and he said no.Comment
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Can't afford to reaffirm
I can't keep the car, it is costing me $400 a month including insurance and with my rent at $615 it just won't work when you only bring home `300 per month, so I have to let it go.Comment
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that's 1300
That should be after taxes I bring home 1300 a month...Comment
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You definitely need the last 60 days of paystubs, you have to provide them with your petition.Originally posted by eli4625 View Post
CC statements,it depends on the trustee.
Once you file, you have to take a course, very similar to the stupid pre BK course, it is also called the debtor ed course. it is usually due within 45 days of your first scheduled 341 hearing. The certificate has to be turned in or your case will be dismissed. You can take the course online. Cheapest one I found is 14.95, but you can ask for a fee waiver if you qualify income wise.
You will probably only have to fill out the first part of the means test, given the income you stated. And yes you have to turn it in.
You really need to be going to bed with the NOLO book for a week or so. You need to know all of this to be prepared to file pro-se.
I would not reccomend you start the process until you get a better grasp of bK and the code.Last edited by dingdong; 06-18-2009, 10:55 PM.Comment
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Debt courses
How did you find the online course to take?Comment
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I believe it was through Freshstarttoday.com. Google 50-30-20 and it should pop up in Google.Comment
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Thanks
Thanks, looks pretty basic, so I complete this after I have filed? Do you bring it to the hearings?Comment
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