Hello Just starting out to file Pro Se Ch 7

[btmn]

Hi everyone,

New to the forum and the bk process. Met with an attny yesterday to discuss my case for the first time. Should definitely meet MT for CH7. They said was a simple case (no real property, no car, income of 31k, over 35k in back taxes that can not be discharged, over 80k in student loans (when income improves may file ch13).

But still looking at at least $1300 in atty fees so think I will file pro se.

1st thing I need is advice on books and help chosing software.

And I have one question that I'm not sure if anyone can answer or not. My ex and I just finished our divorce and I took one joint credit card that has about 7k owing and has been refered to atty. She says that they have to remove her name when I send them a copy of judgment and then I should be able to have it discharged in ch7. This is fine with me as I would end up having to pay her anyway if I had it discharged and her name was still on it. My only concern is that the cc company may question if I(we) were gaming the system to have me take it in the divorce which was not the intention. Anyone think the Trustee would see it that way? She wants me to get her name taken off right away but I don't want to do that and then have it foul up my ch7 case.

let me know if anyone has any thoughts on this.

Thanks
Bt from MN

[OnTheRocks]

Welcome to the forum. Get yourself the NOLO book, you can get it in PDF, worth every penny.

[HHM]

Your ex is 100% wrong about what happens to joint debts in Divorce.

If this card is a joint debt, both of you remain liable for the debt, all the divorce decree does is create "marital" debt. Bankruptcy discharges your obligation to the bank; it does not discharge your spouses obligation and it does not discharge your obligation to your ex to pay the debt. Basically, you are screwed.

Given the nature of the debts, I don't really see your case as a pro se case. Already too many pitfalls and this is your first post.

[tigergem]

btmn, filing pro se is not for the faint of heart. In retrospect, $1300 really doesn't seem like a bad deal to me, just to have somebody else to stress about the deadlines, and not running out of paper and ink or envelopes in the middle of trying to prepare to serve the matrix tomorrow in the middle of the night tonight. Not to mention the time it takes to prepare the documents, and draft documents for which there are no forms... the process itself is pretty complicated, not to mention the procedures that govern the process. If you have a lot of complications, as a pro se filer, myself, I would strongly suggest you hire an attorney.

I don't mean to try to discourage you, and if you return for help, you will find help here. I am just stating the realism of filing pro se.

[justbroke]

There are many successful pro se filers. There are also many unsuccessful pro se filers. As the complexity of your case increases, you really need to use an attorney. Since you are in a dissolution of marriage and a disposition of property is in play, this case should be filed through an attorney to make sure your Bankruptcy and the terms of your Dissolution are in sync.