Chapter 7 Pro Se.. I'm an easy case for it right?

[Kev1235]

First this is the most amazing forum. Loads and loads of help here. Like whoa.


My debt:

12-15k+ in hospital/dr bills(from an emergency surgery with no insurance)
6-7k in credit card and store account debt. Most in collections, 2 of which aren't in collections but past due, over limit.
12k left in school loans that don't qualify, but they're in collections with no payments made in years and nearing end of the time they're able to collect and remain on my credit I believe(7 years?).
Owe the IRS $500ish + interest.


Currently I'm broke as a joke. Have a car that I use but don't own a vehicle of any kind. Don't own a house. No assets at all. No money in savings, most that is ever in checking is maybe $50.00. Single, with no dependents. Long term unemployed with still hope to find a job and applying daily but ready to start over asap and get my life back on track. Ready for the calls to stop. Ready for the depression of collection debt to end. Ready for a time when I don't get denied a job because of credit report. Need something positive right now. And doing this although is a negative, would lead to a more positive 2011.

Don't really have money for a lawyer. So Pro Se is about my only option unless I "borrow" from family and that would be a hard route to go as ties are strained there. I'm not above tackling the forms. Just wondering if it's anything above reading, contacting courts, filing forms and having enough courage to face possibly some tough questions at the 341?

1) I can devote almost full time of my days to doing this right now. Is it reasonable to expect I can proceed to filing Pro Se and be filed within the next few weeks? This isnt unrealistic when going Pro Se right?
2) I'm planning on buying the Nolo Chapt. 7 book. It says it comes with forms and seems to be held in high regard with others who are going or went Pro Se. Other than court costs and book/forms, possibly pre/post credit counseling charges I don't need to hire or pay for anything else when filing Pro Se right?
3) Not that Pro Se is easy in anyones circumstances. But mine will make filling out the forms much simpler right?

Thank you for any and all help.

[free2breathe]

As a pro se filer, I can say that it is time consuming, but certainly doable. We have very few assets, a couple cars that are paid for basically. Get the Nolo Chapter 7 book at Nolo.com. You can search for a nolo coupon online and save about $10 on it. The downloadable version will then cost roughly $16. I didn't get the book and wish I had, just because it would have saved some time and headache and reseearch ;)

You will have to pay your filing fee, which is $299 for chapter 7. There are opportunities to have the fee waived. It involves filling out waiver forms etc. and then being approved by the court. We applied to pay our fee in installments, and it was approved no problem.

Check your district's bankruptcy website and read up on local rules. They probably have a link for pro se filers. Our state did. And of course, this forum is an excellent resource for help as well.

[ryan]

I just want to add another prospective to this.

You would essentially be filing for about $21,000 in debt that would be gone in a chapter 7 BK. Not alot to some, but is it enough to take this step for you?

Also, as you know the student loans would still be owed, as they are not wiped out in BK.

What I'm wondering most about is your current financial situation. You're broke, no money, less than $50, no job as you are 'long term unemployed', so other than the collection efforts stopping, what would you gain from BK right now? Do any of the creditors have judgments against you? Just something to think about. I have heard it said many, many times on this forum, BK does not solve the problem of a person needing income and some financial stability.

[bk2009]

In addition to what Ryan said, I wonder if you have health insurance now. What happens if you end up needing the use of the ER again and rack up another huge bill?

[Kev1235]

I just want to add another prospective to this.

You would essentially be filing for about $21,000 in debt that would be gone in a chapter 7 BK. Not alot to some, but is it enough to take this step for you?

Also, as you know the student loans would still be owed, as they are not wiped out in BK.

What I'm wondering most about is your current financial situation. You're broke, no money, less than $50, no job as you are 'long term unemployed', so other than the collection efforts stopping, what would you gain from BK right now? Do any of the creditors have judgments against you? Just something to think about. I have heard it said many, many times on this forum, BK does not solve the problem of a person needing income and some financial stability.

Not really here to explain my reasons for bankruptcy anyways. Wasn't asking for anyone's thoughts on my story, or to say I'm less unworthy for the action or to ask if I knew what I was doing. Was looking for opinions on pro se and whether less involved cases are easier to file pro se, not whether my choice is right.

But thanks. I'll figure it out on my own. Not enough time in my day to try to explain to people on the internet why I want to do something, and prove I understand what bk is, what the rules are, know the chances Im taking, and what I get from doing it vs not doing it. When that's not what I asked.

Just to say it. Yes I know school loans don't qualify under bk. School loans are 12 years old and been defaulted nearly 10 years, so they should be removed from my credit report mid next year per me checking my credit report. And yeah I'll be chancing I won't need to have my appendix out again(only have 1 anyways), or anything else major. But even for a few months til I get insurance it's worth the risk to me. Maybe if the company I was working for would have had insurance, or if they wouldn't even have terminated me for missing work for it I wouldn't be in this mess.

IMO to help listen to what people are asking. Not answering their questions with more questions that doesn't help their original questions.

[ValleYum]

Not really here to explain my reasons for bankruptcy anyways. Wasn't asking for anyone's thoughts on my story, or to say I'm less unworthy for the action or to ask if I knew what I was doing. Was looking for opinions on pro se and whether less involved cases are easier to file pro se, not whether my choice is right.

But thanks. I'll figure it out on my own. Not enough time in my day to try to explain to people on the internet why I want to do something, and prove I understand what bk is, what the rules are, know the chances Im taking, and what I get from doing it vs not doing it. When that's not what I asked.

Just to say it. Yes I know school loans don't qualify under bk. School loans are 12 years old and been defaulted nearly 10 years, so they should be removed from my credit report mid next year per me checking my credit report. And yeah I'll be chancing I won't need to have my appendix out again(only have 1 anyways), or anything else major. But even for a few months til I get insurance it's worth the risk to me. Maybe if the company I was working for would have had insurance, or if they wouldn't even have terminated me for missing work for it I wouldn't be in this mess.

IMO to help listen to what people are asking. Not answering their questions with more questions that doesn't help their original questions.

First, welcome. There is SO MUCH help to be had here.

Second, no one was questioning your worthiness to be able to file bankruptcy. It is a MAJOR action for what seems (to others) to be a small amount of debt. You know what they say about perception. Only you can make that determination. The reasons people asked for more details about your situation was in order to be able to give you the best advice possible- not because we anonymous internet lurkers are casting aspersions on your character. Glass house. Rocks. I am sure you get the picture.

Third, as simple as your case sounds, it still can be very difficult. But with hard work and good reference materials, you could most likely file pro se.

Chillax. Come back in a few hours or tomorrow and re-read what was said.

Financial difficulties are devastating emotionally. Truth.

Don't cut off your nose to spite your face and not hang out here - you will miss out on some excellent resources if you do. Truth.

Take care.

[Peeps]

Hi Kev,

We seem to be at similar places in the "should-I-do-a-7" mental dance. It sounds like you've got a pretty straightforward set of numbers. One thing that I can think of that might make a possible-7 more complicated is your timing. You didn't mention how long it's been since you've done any purchasing on your cards, if you had opportunity to lay down some payments on the cards, or if there were balance transfers/cash advances/luxury purchases. Not that you need to go into details, it's just that from what I understand those can really help things get complicated fast. If you're past some of the key dates for the presumed-fraud-stuff, that will probably help keep things simple.

You seem committed to doing the hard work/research associated with filing pro-se, so it seems like you've got plenty of opportunity to be successful. Plus you've got the best research tool ever invented... (for bankruptcies, that is)... this forum! Best of luck.

[wipetheslate]

Get the chip off your shoulder. You need to be rational and methodical when contemplating bankruptcy. Because of your emotions, you completely misread/misinterpreted the point of ryan's post. Believe it or not, ryan was, ever so gently, trying to point out it is probably in your best interest to wait. Don't be rash and make a mistake that you will not be able to undo for a long time.

It may not be wise to declare bk when you are essentially judgement-proof now. The smartest way to get your life back on track is to get a job first and then file bankruptcy. Why? Because if you file too early and get your debts wiped out, you are barred from filing again for 7-8 years and without a job you will incur more debt.

As to filing pro se, I did it. I'm sure you can handle it, but it does require an attention to detail when filling out the forms.

Not really here to explain my reasons for bankruptcy anyways. Wasn't asking for anyone's thoughts on my story, or to say I'm less unworthy for the action or to ask if I knew what I was doing. Was looking for opinions on pro se and whether less involved cases are easier to file pro se, not whether my choice is right.

But thanks. I'll figure it out on my own. Not enough time in my day to try to explain to people on the internet why I want to do something, and prove I understand what bk is, what the rules are, know the chances Im taking, and what I get from doing it vs not doing it. When that's not what I asked.

Just to say it. Yes I know school loans don't qualify under bk. School loans are 12 years old and been defaulted nearly 10 years, so they should be removed from my credit report mid next year per me checking my credit report. And yeah I'll be chancing I won't need to have my appendix out again(only have 1 anyways), or anything else major. But even for a few months til I get insurance it's worth the risk to me. Maybe if the company I was working for would have had insurance, or if they wouldn't even have terminated me for missing work for it I wouldn't be in this mess.

IMO to help listen to what people are asking. Not answering their questions with more questions that doesn't help their original questions.

[bkDude]

Wow, Good luck. I believe Ryan was only trying to help with info that you may not have considered.
Doing Pro Se Bankruptcy is not for the faint of heart.
I just got my discharge today, and I do not think I would have been as successful without the help of people like Ryan on this forum.
So if the OP won't say it I will... Thanks Ryan and everyone else who is so incredibly helpful here!

BKDude in CO