Hi, I've been contemplating doing a Pro Se chapter 7 .Money is soooo tight and I can't believe what these lawyers charge. I have been reading all the post the last few days and it seems like most say that it's easy enough to do it Pro Se but I'm feeling quite nervous. Are the directions and forms from the court website easy enough to follow ?Do they tell you exactly what documents you need to add to the forms for the Judge? I'm not sure if I should take my un-easiness as a sign not to go this route. Has anyone used an online preparer before ? What about the BK kits ? I have a creditor that is going to start a wage garnishment in the next week or so, so I really need to to get it filed soon. Any help would be appreciated.
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wanting to do a pro se ch.7
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I'm in the middle of a pro se Chapter 7 and so far I haven't had problems. The Nolo book helps quite a bit and my district had a guide for pro se filers as well. I had my 341 yesterday and the trustee even told me that my paperwork looked really good. It's a bit like filing out a long tax form -- if you think you can do that, you can probably do the bk paperwork. I'd be happy to send you the pro se guide if you like.
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A fair number of my bk clients are people who attempted to file their bk pro se. When they see that they are in over their heads and are about to go down for the third time, so to speak, they retain counsel. It ends up costing them more to get the mess straightened out that it would have to do it right it the first place. Can it be done successfully? Sure. But bankruptcy law is complicated in all but the simplest of cases. Even though you successfully get your discharge, you may be overlooking other advantages the code offers you. The money you pay your attorney will be well spent. If you can't afford the legal fees, see if you are eligible for legal aid to help you with your bk.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
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Filing a Chapter 7 pro se is something that is done often. You would at least need a good book on the process and formalities of filing such a case by yourself. The NoLo Press makes several books on filing various Chapters of Bankruptcy.
As eluded above, you need to first figure out your exposure and what you have to lose if you do the Chapter 7 wrong. If you have assets, then you really need to consider filing with an Attorney. If you have old tax debt, you may also want to consider filing with an Attorney.
A simple no-asset Chapter 7 that has no tax issues, can be done really easily and with limited exposure. Whether you are a no-asset case will depend on what types of assets you have, are keeping, and what exemptions you are eligible for. I think this is probably the area in which pro se filers get in most trouble... and that is around asset protection.
It is not like filing a large tax return. There are complexities that even the IRS doesn't understand and they even get it wrong and get penalized by the Court.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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NACBA, the National Association of Consumer Bankruptcy Attorneys is a good place to start in a search for an attorney. Their website, www.nacba.org has a state by state directory. Almost any bankruptcy attorney will give you a free initial consultation.
Good luck.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
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i went to 3 lawyers for free consultations, learned alot from them, i asked alot of questions, was a pain probably, but after, i was sure i could do a Pro Se. i have a no asset, passed means test, simple 7. i decided to pay to have my paperwork prepared as i just didnt feel comfortable doing it as i too had a garnishment comming my way real quick and didnt want my employer to know, needed to file asap(if i had more time i feel i could have done it mysefl). so, i used a local law firm, they did the paperwork in a few days($499). i filed and went to my 341 by myself. all has gone well so far, im 63 days past my 341, so just waiting...
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I'd be happy to send you the pro se guide if you like.
Yes and thank you. Any help would be greatly appreciated
Here is my email: jkejakesmom at yahoo.com
[Moderator Note: I removed the live link in your email address and took out the ampersand. And in the future, please send your email address via PM (private message) only. Posting it like this on an open internet forum (and in a live link besides) is an open invitation to get on a million spam lists as the spam robots comb forums like ours all over the net searching for email addresses posted by the folks like yourself who innocently do this without understanding the possible consequences. -lrprn ]
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dingdong and I were both no asset, no reaffirmation pro-se filers who went through a few dramas due to our own, well dingdongness.. Do a search for our posts and ask us any questions and you'll be good to go if this is the route you need to follow. Both of us had emergency situations of wage garnishments that put us in that position (no $$ or time for an attorney.) For those who can afford an attorney, I recommend that route for peace of mind. If that is not doable, pro se can work too.
You are in the right forum for this. Please feel free to ask any questions via public forum or private message anytime.12/05/08 - filed pro se
01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
04/01/09 - new 341 scheduled
6/02/09 - DISCHARGED!!!
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I also filed pro se and found alot of help on the forum and the nolo book.Mine was alittle more indepth with business debt and reaffirm. Just went to 341 and haven't had any problems with my paperwork. The trustee asked us less questions about our assets than people with attorneys mine must have had more information filled out. It's mainly a matter of how comfortable your are with paperwork. There is alot of paperwork and research in my opinion,but not bad just be sure to go back over it before filling.Discharged .........................10-07-09
341 meeting.........................07-28-09
Recieved US trustee audit.......07-01-09
Filed......06-19-09
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