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Considering filing Ch. 7 pro se...looking for advice

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    #1

    Considering filing Ch. 7 pro se...looking for advice

    Hi everyone --

    My husband and I are considering a joint Ch.7 filing. We consulted an attorney, but don't really have the money to have him file for us. I'm an inactive attorney, but I've never been in court before -- just practiced some corporate law in a hospital for a few years.

    We're considering filing pro se -- my only concern is our house/mortgage. We are letting the house go into foreclosure, and want to make sure we get rid of both of our mortgages in the bk process (our second is a HELOC that could otherwise follow us around).

    Does including a house in a bk make it more difficult, or is it easier than reaffirming? Does filing pro se make sense in our situation?
    Filed Chapter 7: 3/12/09
    341 Meeting: 4/14/09 case declared "asset"
    Trustee ordered discharge/change to "no asset" 4/24/09
    Discharged 6/25/09; Closed 6/30/09
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    #2
    Originally posted by marinah View Post
    Does including a house in a bk make it more difficult, or is it easier than reaffirming? Does filing pro se make sense in our situation?
    including the mortgage in the BK process is better overall. It will just show as Included In Bankruptcy (IIB)

    Also, welcome to the Forum!!! I'm a pro se filer and it's on a Chapter 13. As a non-practicing attorney, you are already familiar with procedure and other things.

    The biggest thing in pro se filing is knowing the Rules (Federal Rules of Bankruptcy Procedure), and the tactics around filing a petition. You can ask as many questions as you want in this Forum, although it won't be legal advice. You will get an idea of how people like me went though the process. (See my Blog.)

    Also, if you have no equity in the home and have no other non-exempt assets to be liquidated, it's the best world as you'd be a no-asset case and it will be relatively easy. The biggest thing in the pro se petition is making sure you get and claim all of your exemptions correctly.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thanks, justbroke! We really want to do this pro se, but I'm a little scared of messing things up. However, since we don't REALLY have anything to lose as we are a no asset case, it probably does make sense.

      Thanks for the welcome, and the advice -- this forum is such a great resource!
      Filed Chapter 7: 3/12/09
      341 Meeting: 4/14/09 case declared "asset"
      Trustee ordered discharge/change to "no asset" 4/24/09
      Discharged 6/25/09; Closed 6/30/09

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