Help! Nervous...

[shortyg]

My husband and I are going to file bankruptcy and I am really nervous. I wanted to get an attorney for mostly peace of mind and all but I really cannot afford one after talking to a few. I've been looking into filing by myself but am really scared to do so. I feel so lost on what I should be doing. For those that have done so or are in the process of it, is it really so bad or does it just seem more scary from all the legal bumbo jumbo??

Does anyone have any advice on what to do or not do? I'm not even really sure where to start. I'm so nervous to make a mistake on something but I need to file and I cannot afford to wait to save up for a lawyer.

Thank you everyone.

[justbroke]

I can be a bad idea if a.) you're filing a Chapter 13, b.) you don't understand the entire process, c.) you have assets that you need to protect (home, car, land, stocks, bonds, inheritances), or d.) you think you're a Chapter 7 but end up in a Chapter 13.

Yes, you need to study and understand these things. If you are a so-called "asset" case, you really should get an attorney if filing a Chapter 7. Many pro se Chapter 7 people come here after they messed up an asset case trying to fix a problem. For example, sold/bought a car to mom/dad/sister/brother/friend and didn't properly record any lien information.

If you're a simple, no asset Chapter 7 case, then it could be done with relative ease and little research/studying/reading. Otherwise, you should really think about how to get the money in order to afford an attorney.

Yes, some of us have (successfully) done this pro se with complex cases, but we are not the norm. We have, as I did, spent hundreds of hours studying cases and being extremely familiar with rules and procedure.

Not trying to scare you, but trying to help you make the right choice. Should you choose to do this pro se, there are a bunch of us here with all sorts of experience and willingness to help! However, if we find that you're not up to the task and understanding procedure, we will be reluctant to provide opinion in fear it will just make your case worse.

[shortyg]

Thank you for getting back to me.

I would be filing a chapter 7 no asset case. My husband and I do not own a home/property, nor stocks... we have 1 older car and a car loan which we would surrender. We make very little due to being unemployed and full time students.

[justbroke]

Sounds simple enough to me. You should start by getting a guidebook, such as the NoLo Press' Chapter 7 guidebook. I think it's like $25 unless you can find a coupon. There's an electronic version of it as well. At least that would start answering your questions regardless of whether you file through an attorney or not.

[Amadan]

You may be able to get free legal help if you check your local bar association. Just google "free legal" + your city / state. Even if you intend to file pro se, I would still suggest you set up a few "free consults" with local BK lawyers. If you prepare for these initial consults by having all your documents in order they will likely tell you how difficult or easy your case would be. I wouldnt tell them you are thinking of filing yourself, though.

[meateater]

If there's no particular urgency, (are you being sued, garnished, etc.?) then you have time to figure out if you can do this on your own. i recommend going to the library and reading the "do-it-yourself" bankruptcy books (note - do not use anything published prior to 2006, there were major changes in the law, and some libraries unfortunately have not gotten rid of the out of date books). If the library is not convenient, read in the bookstore, then buy whichever book seems best (ask for recommendations here when you have titles in mind).

How much longer do you have in school? You might want to consider postponing the bankruptcy until you finish school (the school loans are not dischargeable) unless you have the means to avoid getting into new debt.

I would also suggest putting together an anticipated post-bankruptcy budget to determine if you'll be earning enough to stay afloat (otherwise, bankruptcy will not help you long term).

There's a lot of great advice on this forum, I wish this had been hear when i filed. It's natural to be nervous, as you learn more about the process your nervousness should lessen.

meateater

[lezlovin]

Mine seemed okay, but I did chapter 7. I have no assets as in Real property and nothing really valuable. plus on top of that i didnt have to take the "means test" because the "presumption did not arise" . i think i did okay. I used the NOlo chapter 7 book.

[shortyg]

Thanks for the help, I'm sure I'll be able to figure it all out

[tigergem]

I would stress learning your local bankruptcy districts web site inside and out, so you can navigate it in your sleep. Where to find the forms, rules and announcements of changes to forms and rules.

Also, the only other thing I might have done differently, is I might have actually driven out and delivered chocolate to my clerks at the court house. But they were really nice and helpful, so bribes weren't necessary.