File Pro Se or Hire an Attorney--that is the question

[grisandole]

Glad to find this, debating pro se or attorney

[AngelinaCat]

Hello gresandole:

Welcome to the Forum. I moved your post into a thread of its own, because you tagged your question onto a very old thread. Please do not do this as BK Laws change, and we wish to give only the very most up to date information. Also it is against Forum rules.

While we pretty much understand your question from your post, please restate it again, and supply more information so that we are better able to offer advice.

Thanks.

[grisandole]

Thanks! I am considering filing pro se but am concerned about time....I'm pretty good with red tape and legalese but I need to file asap, the local court is over 40 miles away, and I'm gone 10 hours a day for work. Is is remotely realistic that I can get it all together and file in two weeks? I do not own a home, and have a bunch of small charge offs and two judgements, and a car loan. About 20 creditiors or less and about 25k of debt (not including my student loans). I don't have money for a lawyer, I barely have money to file, but am requesting a hardship withdrawal from my retirement, which will only be 1500, to either pay for a laywer, or put toward a car since mine will be taken eventually. Any advice? Thanks!!!
Kristi

[LadyInTheRed]

I haven't read anything other than the title of this thread and I say HIRE AN ATTORNEY.

But, consult with experienced BK attorneys until you find one you are comfortable with.
Read, read, read and learn about bankruptcy. You are your own best advocate and should be a knowledgeable participant in the process.

[LadyInTheRed]

Thanks! I am considering filing pro se but am concerned about time....I'm pretty good with red tape and legalese but I need to file asap, the local court is over 40 miles away, and I'm gone 10 hours a day for work. Is is remotely realistic that I can get it all together and file in two weeks? I do not own a home, and have a bunch of small charge offs and two judgements, and a car loan. About 20 creditiors or less and about 25k of debt (not including my student loans). I don't have money for a lawyer, I barely have money to file, but am requesting a hardship withdrawal from my retirement, which will only be 1500, to either pay for a laywer, or put toward a car since mine will be taken eventually. Any advice? Thanks!!!
Kristi

If you work 10 hours a day, you definitely want an attorney. You don't have time to learn what you need to know and file a petition in 2 weeks. You work hard enough! Make some appointments for free consultations with BK attorneys. Filing BK may not be as urgent as you think. If it is, an attorney can get a petition filed pretty quickly.

Also, do some more reading around here and ask more questions.

[tobee43]

we have had some really excellent pro se'ers on this site...justbroke, of course is the first that comes to mind. gman is another, just off the top of my head. it can be done! however, think of the reasons why and or why not hire an atty.

even tho i have done extensive legal work, i would not think about rep'ing myself. i wanted someone that knew the district trustees, had established relationships with their offices and the courts in my district. it's not that i couldn't do all the paperwork myself, really, i ended up doing most of it anyway except for actually pushing the submit button to the court on the electric filing process. you need to make certain you are so accurate as lady states, one error can kick back the entire petition, as well, if any complications arise unless you are justbroke, lol, you may find yourself in a corner with no place to go.

a doctor gets sick and he goes to another doctor, even lawyers i know that filed bk, did not go it pro se, (and i know a few). i'm not saying you are not capable nor suggesting you do not do it, i just can personally attest that it was the best $1500 we ever spent.

post your questions, i'm certain many of the successful pro se'ers will chime in!

[HHM]

If you are working that much, the decision is made for you (or I should say, there really isn't a choice), hire an attorney. If you are truly honest with yourself, you don't have the time to devote to the learning curve. BK really is more than just filing out forms.

[grisandole]

Thanks everyone! If I had time, I would actually want to do it pro se, because I actually like learning the law. I did my own family law and successfully sued a former landlord for my security deposit in civil court.

However, I wasn't working full time and gone 10 hours a day back then, lol! My case is urgent because I just got my wages garnished and if I don't stop it asap, I can't afford rent and basic utilities.

I make just under 40k a year, have a family of 3, and now my checks are garnished 250/check. I do have a court date to get them reduce/exempted, but even if granted, it won't erase the debt and this collection agency will just keep coming. I also can't afford my car payment (purchased when I was in an entirely different income bracket) and I can surrender the car but can't pay the balance owed.

Anyway, I am doing the consults with an attorney and I DO feel that it's best for me to hire someone, even though it means taking out retirement, because I can't do it myself on this deadline. Logistically, I can't even go to the courthouse easily. Ugh. Thank you!!!!

[broke54]

I thought about pro se but hired an attorney. Just felt safer. Best of luck!

[grisandole]

I did get my hardship withdrawal and am going to use an attorney, should be filed asap!