Pro Se, to get the stay, then hiring counsel

[ozarkmiss]

I live in a rural BK district. There is only one attorney that specializes in BK - all referrals pointed to him. His first available appt is 1 month out. Not sure I can wait that long. Am considering initiating proceedings pro se and then asap hiring counsel to represent. I've got too many assets to try and go this alone.

Ever heard of such?

TIA,

V

[tigergem]

Unfortunately, it doesn't work that way. Most attorneys will not "assume" or "take over" a case that was originally filed Pro Se because this potentially makes them liable for any mistakes you might have made when you filed the petition. No attorney wants to spend time cleaning up your mess. Not saying you would make a mess of it, but I reckon to some attorneys, if you did it on your own, it's already a mess.

Talk to that attorney and see if he minds such an arrangement, but don't assume that he will be amenable without asking first.

Good luck!

[ozarkmiss]

thanks for your input tigergem

[tigergem]

np. What's your rush anyway? Why do you think you might not have a month? If you tell what's going on, it might not really be as bad as all that. You might have more time than you think.

[ozarkmiss]

I just stopped paying cc(s) 6 weeks ago. Calls are starting up big time. Yesterday I got first letter from atty for mortgage holder, stated they could foreclose within 30 days of letter(no pay to them in 6 months - the letter didn't come certified or anything). We want to walk away from that upsidedown investment property anyway. I just assume it would be better to be ahead in this game, hence file asap.

Should I just chillax and wait for the big atty appointment?

[tigergem]

Well as to the foreclosure, Arkansas allows both judicial and non-judicial type foreclosures. The general timeline appears to be 4 to 5 months. The important paper you want to watch for is specifically called a Notice of Deficiency.

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then that specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows: The trustee must record a notice of sale in the office of the recorder of the county where the property is located. The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail to the borrower. This includes any borrower of record or of whom the lender has actual notice. The notice must also be mailed to anyone who records a Request for Notice that specifically described the mortgagee including its recording information. Within five (5) days after the notice is recorded, the trustee must mail, by certified mail, a copy of the notice of sale to each of the people who are parties to the trust deed, except for himself. Additionally, the notice of default and intention to sell must appear in a newspaper in the county where the property is located once a week for four (4) consecutive weeks, with the last notice being published not less than ten (10) days prior to the date of the sale.

As to collections calls on the credit cards, if all they are doing is calling, you are still good. Just don't answer the phone. There are lots of fun phone games you can play with them to amuse yourself for a month.

Even if you got a summons that one of them was going to sue you, I believe that would contain at least a 30 day notice to appear. Not 100% positive about that, but so what? You file your appearance. That is an easy thing to do Pro Se. THEN a hearing date gets set. So even if you haven't YET seen your bk attorney, you should still be ok. You can just show up at the courthouse between the time of the notice to appear and the date of the hearing with proof of your bk filing, and the suit is automatically stayed. I think, personally, based on what you have said, that you can take a deep breath and just deal with the collectors for a month.

Best of luck!

[ozarkmiss]

Just after my last post, I got a second letter - certified - (the next day) of Notice of Foreclosure. Sept 28th got generic notice from atty. Very next day notice of foreclosure. The property is in TN and I reside in AR (for 2 years). Foreclose set to happen within 4 weeks. I understand I could object in numerous fashions to this, or get a stay in the nick of time. But what if I don't care? Our property is out of there - previous primary residence.

My main Q is would the TT rather have this in the estate? Should I hurry up an hire an atty to get a stay in place?

Tigergem, if you had a donate button, I'd be hitting it. It's a real bonus to find a stranger on an Internet forum so forthcoming with their advice/ experience - before I even earned my chops.

~V

[tigergem]

I really wouldn't worry about it. If it is sold under foreclosure before you file, which isn't likely, then your deficiency amount will simply be included in the bk. In any case, if you are filing a 7, immediately after discharge, the stay will be lifted, or they could file to have the stay lifted before that, and would simply resume the foreclosure. Since you aren't planning on keeping it, I wouldn't worry about it, honestly. If you were trying to keep the property, that would be a different story, but if you are walking away - just let the process ride, and let your attorney deal with the details. Happy to help as best I can, by the way. You're welcome.

[tigergem]

On a side note, any judgments that anyone obtains against you before you file are also included in and discharged in the bankruptcy, so collections become a moot point. Even if a credit card sues you and gets a judgment, it will be banished into oblivion by the bankruptcy. The only place it may appear will be on your credit report. To that end, and to that end only, is it beneficial to intercept a lawsuit or foreclosure by filing, and honestly, if you are filing bk, you shouldn't be stressing about what your credit report says lol. Otherwise, if you know for sure you are filing in a month -- JUST BREATHE.

[ozarkmiss]

Tiger, I think your name should be angelomrcy or grdnangel. - if no donate button, then I'll just have to pay it forward when i've got some miles under my belt. great to have a bounce back on the sounding wall.

[tigergem]

Aw, that's all any of us are doing here, ozarkmiss - - paying it forward. I was thinking about what you said and realized that I actually learned most of what I told you from other posters on this board. Kinda cool how that works, huh?

[sofargone]

As for the credit cards, send the CA's a letter telling them you dispute the account and that all calls are inconvenient. That will stop the calls for a little while until they send it to the next CA. I have been doing this for 2 years now. If you are being sued for CC, do what tigergem said. File an appearance if you need to. In my state you just have to show up. Deny everything. I am being sued and have had the case continued twice already. Make them prove the debt is yours.