I have all unsecured dept, im single and no house or car to worry about so i think i can file with little ease but have no idea where to start. Anyone know how or can push me in the right direction. thanks!
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Filing BK by yourself where do you start?
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Start by reading all of the stickies on this board. Don't forget the Pro Se forum. After you have absorbed all the info already available, post again and ask more specific questions. There is a lot of information on this board that should help you figure out how to get started. If you are going to file pro se, you will need to be more resourceful than posting such an open ended question without doing a lot of reading first. Trying to understand the basics through your own research is a good way to make sure you are ready to do this on your own.
The Nolo Press book on Chapter 7 comes highly recommended. Another good place to start. Also, take advantage of free consultations with as many bankruptcy attorneys as you can. You don't need to tell them you have no intention of retaining them and can get a lot of good information. You'll also know who to go to if you decide not to file pro se.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
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I'd say to start the same way as you would with an attorney...
Gather information on your income (past 6 months check stubs), expenses, and debts. Schedule free consultations with a few bankruptcy attorneys to discuss your situation, learn about state exemptions and district standards. (Tip: Don't tell them you intend to file pro se.)Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)
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Filing for bankruptcy pro se is a challenge. You have the greatest chance of success if you are a no-asset case and filing under Chapter 7. You must be completely certain that you qualify for protection under Chapter 7 before you file. At that point, it is simply a matter of accounting for all of your income, expenses, and debts, filling out the various forms correctly and with absolutely no errors or omissions. When your paperwork is ready for submission, you file the petition and forms with the state bankruptcy court. It costs $299 to file. Once filed, the court will forward your petition to the trustee and a date for the 341a meeting of the creditors will be scheduled, which you must attend or your case is automatically dismissed.
All state bankruptcy courts will have information on local rules and requirements for filing. They will strongly urge you file with the aid of an attorney because bankruptcy law is complicated and no mistakes in filing are tolerated. Just don't make any mistakes when filing and you will be successful.
It's not so much difficult to file pro se as a no-asset case as it is tedious and somewhat boring. Chasing down all the information you will need is no fun at all.
There are very few successful Chapter 13 pro se filings. Standing Chapter 13 trustees will nit-pick a pro se filer to a greater extent than someone represented by a competent attorney.
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