Should I hire an Attorney or File myself (Pro Se)?

[Tbornetun]

This one is too high, but don't do it with out an attorney. Shop around; lawyers are dropping out of the trees looking for work. Don't be fooled by their swagger and BS attitude. They are just like the rest of us. If he or she gives you the slightest ego or attitude, go to the next. Yes it looks simple, but 1 wrong move could ruin your life.

The attorneys that would be dropping out of trees looking for work are not the ones you will want to hire. If they were good, they would be busy. Our firm has become very busy lately with the poor economy. If an attorney can't find clients, there is a reason.

[Capital1Sucks]

My attorney said $1K plus filing fees. Funny thing is two attorneys said filing fees were $399 the other said $299. I don't get why. I think the price varies a bit with the state. Federal only goes so far.

They are 299 but some lawyers include the counseling fees in their fee. Go to the Federal court website for your area and the real fees are posted, so an attorney can't BS you. The usually have the forms there to for the people brave enought o ProSe it.

[Capital1Sucks]

The attorneys that would be dropping out of trees looking for work are not the ones you will want to hire. If they were good, they would be busy. Our firm has become very busy lately with the poor economy. If an attorney can't find clients, there is a reason.

Looks like we found 1 that is using the forum to troll for clients. It looks like you are very very busy. But you just had to put your 2 cents in didn't you.

[Jenna]

Pay a lawyer?

i met with an attorney for the first time today and she said it was $3000 to file a chapter 13 with $850 upfornt and it was $2250 to file for chapter 7. Can anyone tell me if this seems reasonable. My case is pretty simple i think. Is it worth trying to do it yourself? Any suggestions would be greatly appreciated.

I filed Chapter 7, and it was cheaper, so I am not sure if that is reasonable for Chapter 13. BUT I do know that we used a lawyer, and it gave me a lot of peace of mind. He walked us through the steps, and set everything up forus. All we had to do was make payment arrangements with him, and show up for our court appointement.

Bnkruptcy is so stressful, and horrible, that it was so nice to just be able to let someone else handle it.

When you consider doing it yourself, it adds to the stress. If you're comfortable with the stress level, and the lerning involved, then doing it yourself is certainly an option. For my situation, it was a blessing to be able to work out payments and let someone else who already knew what they were doing handle things for me.

It's convienience vs. savings really...so it's a personal decision.

[Tbornetun]

Looks like we found 1 that is using the forum to troll for clients. It looks like you are very very busy. But you just had to put your 2 cents in didn't you.

Interesting...trolling for clients, huh? For one, I am not an attorney, I am a paralegal. Never have I given out information about where I work. If I were trolling for clients, I would have posted our info, which I haven't.
Second, I hang out on this board to put in my two cents and try to help out a little. Offer another opinion, like everyone else here. I have experience in bankruptcy and don't mind offering to point people in the right direction to find the answers they are seeking.
I would watch what you say if you don't know what someone's intentions are.

[jeb]

Tborne, I, for one, appreciate your taking the time to help others. Not many people do that.

I came to this board about 2-3 weeks ago and am amazed how much I have learned.

I am sure there are ones here that would like to make a buck but they can still offer good info.

Take care - jb

[Tbornetun]

Thanks for that Jeb.

This board is a great place to learn and find answers to your questions. Since every case is different, trustee, state, district, judge, etc, it is nice to have various opinions and experiences from all over the country.

[reener]

depends on where you live and how many attorneys are there!

I found that in Atlanta where there was a high number of bankruptcy firms and lawyers, I was charged $500 upfront (including court costs) in Feb 2006

but in September 2007 after the new bankruptcy law, attorneys were charging more and I was in a very small town in Texas and they wanted $1000 upfront not including filing fees and they were going to charge me an additional 2000 on top of that

so, if you are okay with numbers, can read directions and are able to stay on top of the paperwork and have no unusual circumstances, you may be able to fill out the forms yourself without a problem

something that will help is to consult with several attorneys and give them all your info and get the feedback

you are under no obligation to let them file for you, just get the benefit of a free consultation, they do offer that.

but most attorneys charge around the same for the area they are in except the really marvelous ones who charge you what you can afford...

[Grider]

With a house

With a home or assest get an atty,,, I paid $800 for attys fees in TPA Fl
great atty. My son is doing pro-se with a paralelag as he has no assets and just one income.. so let see how it all goes

[bruce415]

In most cases you Can File Yourself.

With the advent of the new bankruptcy laws of 2005, there were a couple of changes made, that attorneys and credit card companies jumped on to create a concerted campaign of disinformation and perception creating the broad belief that THE CONSUMER CAN NO LONGER FILE BY THEMSELVES, because, it's become too complicated!

This is absolute rubbish!

If you have a huge estate, earn huge income-- yes you need a bankruptcy attorney-- because the creditors and even trustee will chanllenge you to see if you qualify to file and to see if you are hiding assets...

If on the other hand you are the regular Joe Blow consumer that got caught up in the problems of today's economy. AN ATTORNY IS ABSOLUTELY NOT NECESSARY.

For a complete list of Free Bankruptcy forms, Great section on frequently asked questions, mistakes to watch for, what it can and can't do for you... and even a FREE BANKRUPTCY MANUAL, please see...

allsolutionsnetwork.com/cgi-bin/d2.cgi/1000/Bankruptcy.htm

The fact is filing without an attorney, in MOST cases, is simple and can save you thousands.

You always want to do that which makes you most comfortable.

By definition, a person that needs a bankruptcy is usually having financial issues that makes the payment of $1,200 to $5,000 difficult to impossible. No matter what the quality of the service... If you simply can't pay for it, it does you little good.

I'm not necessarily suggesting that any use or for that matter refrain from using an attorney. What I am suggesting...

MAKE SURE YOU, AT LEAST, KNOW YOUR OPTIONS

[BKInLA]

Grateful for this thread. I am a usual DIY-er in everything I normally do but this one I think I'm going to outsource. With $70k in unsecured debt, two cars and a house, I just know I'd miss something and end up losing hours of sleep.

I'm going to do some more reading (read about 3 books so far on BK and debt relief) and then call an attorney by next week to start pricing things out.

[robertg]

If you want a Chapter 7 then definitely don't do it yourself. Such a small percentage of Chapter 7's are approved that it really requires expert help.


Hope that helps!
Robert G
[Active advertising link removed. Against forum rules.]

[haylo]

Here is more information on the pros and cons of filing bankruptcy yourself or hiring an attorney to help you.

Here is the link to the article (Easier on the eyes to read):

http://www.filingforbankruptcyonline.com/resources/bankruptcy/filing-for-bankruptcy/lawyer-petition-preparer.htm

Here is the information from the article for quick reference:



Hope it helps

[piratejenny]

If you don't have any assets to lose, such as a house, car, or a large amount of money, then Pro Se makes a lot of sense. It depends on your comfort level with doing preparing paperwork because it is very detailed. You can get this book on Nolo http://www.nolo.com/products/how-to-...uptcy-HFB.html
I followed it very carefully and my papers came out looking good. You also should read any info the Bankruptcy Court offers very carefully and ask the clerks questions. (Be nice to them even if they are snarly). One thing you should know is that if you file your own papers, then you are responsible for sending them to the trustee well in advance of your 341 meeting.

If you don't have big assets, it's not exactly hard but it is very persnicketty. Good luck

[scla]

Chapter 13 Fees

The amount that is charged for Chapter 13 Bankruptcy varies from district to district. In the Central District of California, generally attorneys charge $4000 in attorneys fees for a Chapter 13 Bankruptcy. Most attorneys will charge half the fees up front to file your bankruptcy case and put the remainder of the fees in the plan. In other regions the fees may be a lot lower than what is charged in Los Angeles, Orange County, and Riverside.