top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Petition

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Petition

    Hi everybody! This will be my first time filing bankruptcy and I'm doing it on my own. I printed out all the paperwork. WOW! lots to do. Everyone here is so informative and I know I'm making the right decision. I just finished the petition and now I'm working on the "summary of schedules". I have a question.....Do I file the petition first and then work on the schedules? or file everything all at once? sorry if that seems like a stupid question but I need help!!

    #2
    You can file everything at once if it is all complete. Otherwise, there are minimum requirements for initial filing, and then you can file the rest within 2 weeks. In our case, I chose to file everything at once. I didn't want to be looking around and second-guessing everything.

    You can find filing requirements on your district's bankruptcy court website.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


      #3
      I filed pro se and filed everything all at once.
      Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
      New Job 7-2011

      Comment


        #4
        You might want to go and check your court's website. I know on mine, there was a list of what needed to be filed, and essentially gave you the order that they want to see the filing in, along with requirements, such as "paper clips, no staples", and "flat filing"...as in not folded up, etc. Pro se is not the easiest thing on the planet, but can be done. Good luck with the filing.

        John
        Filed Chapter 13 pro se: 9/30/2008, 341 Meeting: 11/15/2008, Plan Approved: 1/6/2009, 100% of all claims paid: 10/19/2010. Trustee closed case: 11/5/10 DISCHARGED: 11/18/10

        Comment


          #5
          As a pro se advocate, I highly recommend that you never file a skeleton petition. In my District, I found the rate of skeleton cases actually making it to their 11 USC 521 deadline is less than 50% in pro se cases. In other words, the majority of pro se filers that file a skeleton (emergency) petition usually end up having their case dismissed.

          You do the paperwork all at once, check it and get it right. The problem with just doing the skeleton, is that you only have 14 days to get everything else in. It took me over 80 hours of work to complete my petitions after filing a skeleton case. However, I will concede that mine was a Chapter 13 and the biggest hurdle was the Plan of Reorganization.

          As John mentioned, always always always, check your local rules especially since there are usually local forms that must also be submitted. Also, always always always walk your petition into the Clerk's office. Do not mail it! They will quickly spot check it for local forms or other common pro se mistakes with regards to required forms!

          I'll repeat myself... pro se filers should not file an emergency (skeleton) petition unless a.) it's an actual EMERGENCY (foreclosure tomorrow), and b.) they have the time dedicated to complete the rest of the required forms within the 14 days or risk their case being dismissed.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            I filed Pro Se 2 years ago, but with paperwork help by a BK Paralegal for cheap. While I was on Pacer I noticed that all BK records are public, you can view anyones filing. Maybe you can view some closed cases from your district to view and use as guidelines? FYI, I Used Pacer for months and never incurred a charge...

            Comment


              #7
              I found that it was easiest to file everything at once. That way you don't have to worry about deadlines.

              Comment


                #8
                I was able to call the filing clerk in my BK district of Denver and she answered questions about the filing process. Also, the Bar association runs a pro se clinic here once a month. Not sure about other districts for this. I am trying my states free legal services for BK but no luck so far.

                Good luck with it.

                Comment

                bottom Ad Widget

                Collapse
                Working...
                X