For those of you that have filed pro se....

[DownNotOut]

....and for those of you who haven't, but might also have some thoughts!

First, I want to thank you for welcoming me to the forum. It feels like such a safe haven and I have been reading for 2 weeks now and learning a lot!

I am considering filing ch 7 pro se in the Middle District of FL and I wanted to get your thoughts or opinions on plausibility.

Here's my situation:

I am a stay-at-home mom and husband is self-employed. Business is down 50%. I have approx. 34,000 in unsecured debt that is in my name only. We have a joint mortgage. Husband has a car in his name only that has 1 year left to pay on it. We own two other vehicles outright - both are junkers - one is titled in my name only and the other in both names, husband listed first. We are a family of 7 making about $4000 a month - well under the median. We have no luxury items.

I would like to file single without my husband as all the unsecured debt is in my name only. Will reaffirm the house as we would like to sell it and relocate in the next year to year and a half. Home value has taken a major hit, but we still have a little equity.

I am the type of person who can put in the work to file pro se and I live to research.

I wanted to get your thoughts on whether or not you guys thought this is doable. I appreciate your comments!

[justbroke]

First, be absolutely sure all unsecured debt is "in your name only". Be careful of creditors where he is an "authorized user" as this sometimes is dicey (as to the distinction between authorized user and co-signer).

Do you own those two "junkers" outright? How much are they worth (because this will become an issue if they are over $1K each)?

I don't have any major concerns as you're basically a no-asset case. However, you still need to ask yourself if you have any pending lawsuits to which you're a part, any inheritanes, any fraudulent transfers, any insider or preferential payments in the last 60 days to 1 year? Did you payoff any relatives or friends lately?

How well documented is the business income?

Is the business the only source of income?

I'm not asking your or suggesting that you answer all those questions here on the forum. Just things you need to be thinking about.

Oh, WELCOME TO PRO SE LAND!!!

[DownNotOut]

Thank you justbroke!

And, yes, the unsecured is entirely in my name. Dh is not on any of the accounts as an authorized user and his name was not used at all.

The cars are owned outright. They are both worth at the most 1000 each if not less. One has severe rust body damage and one has over 200,000 miles. Both are 15 years old. In FL I would only get 1000 auto exemption, so if one is titled in both our names and one is titled in my name only do I have to include the one that is titled to both of us?

I stopped paying cc's about two months ago, so now they are calling, but there are no law suits pending as of yet. I do have one thing - my mother lent us $1000 for our mortgage a couple of months ago. We were waiting for some payments to come in and we needed to pay our mortgage. I paid the mortgage with the money she lent us and then paid her back as soon as we got paid. Would that count as insider payment?

The business is an S corp. All income is documented on tax returns, but we also keep copies of all invoices and check stubs received. It is the only source of income.


Thanks again for the welcome!

[justbroke]

In FL I would only get 1000 auto exemption, so if one is titled in both our names and one is titled in my name only do I have to include the one that is titled to both of us?

Tehcnically yes, because you have a 50% ownership interest. However, your cars are so old, I don't think they're worth $1000 together. They are probably considered salvage.

I do have one thing - my mother lent us $1000 for our mortgage a couple of months ago. We were waiting for some payments to come in and we needed to pay our mortgage. I paid the mortgage with the money she lent us and then paid her back as soon as we got paid. Would that count as insider payment?

It is absolutely an insider payment. That's a perfect example of one. The Trustee may attempt to recover it, but for $1,000... I'm not positive that they'll pursue it. Sure, they'll send demand letters, but probably don't want to spend the money litigating over $1K. Then again, it is an insider payment, so the Trustee does have the right to pursue that.

I think you're the first, on here, to mention you keep good business records.

[DownNotOut]

Well, I can wait for a little while to file. Besides it will take me a good amount of time to get educated and do all the paperwork. I will probably also do a free consult with a couple of attorneys to see what they have to say. If they don't seem too concerned about my situation, then I will most likely go ahead and file pro se. I was thinking maybe June or July for filing. Now I've got to get the NOLO book!