Should I file Pro Se

[blum1176]

First off let me state what a wonderful forum his is, chalked full of info.

Our income falls below the state MT for CO household of 3.
we have no assets, we have a home that is in foreclosure which we are walking away from
we have tax debt for the state of 1200
i have a 8000 student loan(not able to be included)
2 judgements 1 of which has a lien on our property in foreclosure
and a fair amount of debt from a repossessed vehicle, and various collecion agencies.
we have a car loan which we are going to reaffirm.
my question is should i file pro se.
with no assets to retain it seems, based on what i have read here and other places, that our case is pretty cut and dry. I feel I can handle the time schedules of a pro se case more than we can handle the attny costs for a bankruptcy, we are being garnished 700+ per month from one judgement.
does this, based on he limited info i have given, seem like a case suitable for pro se, or should I look into getting help from an attny. i just dont see any way of us being able to afford the attny fees, and my current job ends at the end of may, so my wifes checks(the ones being garnished) will be our only source of income.

thank you in advance for the help, and sorry for the rambling nature of my post

[tigergem]

Well. If you have the knowledge, skills and ability to look very carefully at all of the bankruptcy laws, local rules, and to understand them and how they pertain to you, and if you feel confident in your ability, I would say pro se is probably ok. From reading these forums, it is my general understanding that hiring an attorney comes with its own special set of headaches. But you have to understand it is no simple undertaking and not to be taken lightly. Are you planning to file chapter 7 or 13? Have you taken the means test?

[blum1176]

i we will be filling chapter 7 we fall well below the state median income. I have purchased the nolo book and will begin reading that asap. i have spoke with a couple of attorneys and they all seem to think the case is cut and dry. i just simply do not have the means to pay their fees, and feel that pro se is my ONLY option. if i cantt get this garnishment stayed before i am out of work for the summer, our situation will become quite dire.

[tigergem]

Yeah, that was my problem too, I simply didn't have the money kicking around for a retainer, and this needed to get done. So I just did it. I had no idea I was venturing into uncharted waters when I filed my chapter 13 pro se, though! I might have been intimidated if I had known that little detail beforehand.

It is my understanding that a Chapter 7 can be easier pro se than a Chapter 13. But I say that with caution because I don't know first hand, I never filed a Chapter 7 pro se. There are people on this forum far more knowledgeable than I am who I am sure will be willing to help you out in this endeavor.

Ask away! We'll help however we can.

[blum1176]

i appreciate the help/advice. im looking into a local paralegal that will assist with the filing of paperwork, ie dot my "i's" cross my t's. it is only $150 for the service. i might look into that if only simply for set of knowledgeable eyes.

[justbroke]

While a Chapter 7 is easier, from an administrative/paperwork status, to file than a Chapter 13... it is not without many pitfalls.

What makes a Chapter 7 complex is, the amount and value of property that you have (cash, houses, cars, boats, trailers, furniture, stocks, bonds, inheritances, etc), and whether you are over the median or not. Chapter 7 is not so simple for those over-the-median, because the overwhelming odds are that they will be in a fight with the Untied States Trustee over a motion to dismiss. The otehr name of the game, where you have assets, is exemptions, exemptions, exemptions! In some States, like California, covering property with exemptions is easy. In Florida, it's a disaster. So venue, venue, venue matters as well.

So, the no-asset, under-the-median income Chapter 7 is the easiest.

The paperwork is always the difficult part no matter what. Always get a guidebook! (At least get the NoLo Press' guidebook for Chapter 7.) Be very careful of just copying someone's petition or just taking my word or anyone's word for how YOUR local District works. There are differences between Florida's bankruptcy exemptions and California's bankruptcy exemptions!

For blum1176, your problem may be that if you don't include your mortgage payment, you may actually show disposable income, that would push you into a Chapter 13. This is where saving for an attorney may actually be worth it. Of course, and as I wrote, how the UST treats "surrendered" property payments in a Chapter 7, differs amongst Districts. This is going to be an IMPORTANT strategy thing for you if you file Pro Se.

[blum1176]

we are below the state median income, we have spoken with a couple of attorneys already so we know that we qualify for chapter 7. I have the NOLO book and am progressing that way. I am confident in the ability to file everything we need to file on time, it seems a bit daunting, the sheer amount of paper work, but it beats the 1500 or so to file with an attny.

[tmoschetto]

Good luck to you blum. I filed an under median, no asset Ch 7 pro se, and the process consumed me for an entire 30 days prior to filing. It continues to weigh on me, but I only have 6 days left until I should see the glorious discharge come through.

If you've gotten the Nolo Ch 7 book, you're on the right path. Pay attention to everything Justbroke says. He, tigergem, and several others are so patient with their support and encouragement. You can do this yourself, but you will come to understand why the attorneys charge what they do. The process is just very involved, but if you're organized and methodical, you can do it yourself. My advice would be to become familiar with your local rules -- the Nolo book can't cover all the nuances that are unique to certain jurisdictions, and you can really trip yourself up if you aren't aware of the unique aspects of your particular court system.

I'll be following your progress.