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Thought I'd never be facing BK.....

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    Thought I'd never be facing BK.....

    but I am.

    Questions:

    1) Chapter 7 or 13

    I'm unemployed currenly, I have about 30,000 in CC debt, a car note, and 33,000 in student loans.

    2) Do I do it on my own or get a lawyer?

    3) Will I have to lose my car?

    4) Rebuilding, will ever be able to buy a home, have credit, etc?

    Help!

    #2
    Chapter 7, do it on your own (called Pro Se), dump the car and the car note, get a house in about two years after discharge. Your student loans will follow you no matter what, just like a puppy...good luck!
    NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

    Comment


      #3
      Originally posted by hazeleye View Post
      but I am.

      Questions:

      1) Chapter 7 or 13

      I'm unemployed currenly, I have about 30,000 in CC debt, a car note, and 33,000 in student loans.

      2) Do I do it on my own or get a lawyer?

      3) Will I have to lose my car?

      4) Rebuilding, will ever be able to buy a home, have credit, etc?

      Help!
      1.) You won't qualify for Chapter 13 because you're unemployed. You might qualify for a chapter 7, but make sure you put enough time in between your last credit card charge and the filing date.
      2.) It depends on how complicated your situation is. Go see a few for free before deciding this issue.
      3.) Probably yes. It depends on how much it is worth and what your state allows for vehicle exemptions.
      4.) Yes, but try to be more careful this time around. Try to live a life without credit cards, and you will see that you will be able to save back huge amounts of money over time because instead of impulsively spending money on plastic, you will think long and hard about each purchase before shelling out hard earned cash.
      The world's simplest C & D Letter:
      "I demand that you cease and desist from any communication with me."
      Notice that I never actually mention or acknowledge the debt in my letter.

      Comment


        #4
        I paid a lawyer because its emotionally draining enough. They were there to answer all my question and I just felt more comfortable going to the creditor's meeting with one. You can do it on your own but ... your on your own.

        Comment


          #5
          just my 2 cents:

          i notice pro se's at my 341 meetings, than later when i had to go before an actual bk judge i notice pro se's with lawyers AFTER the fact, so if your case seems like it could get complicated after filing pro se and attending the 341, than go from there, just be prepared to have the lawyers money ready (if no complications) than you'll save a bundle from having a lawyer of course

          good luck, catchmeifyoucan
          July 2006: Filed Ch13 :blink:
          Oct 2006: Converted to Ch7 :clapping:
          Jan 2007: DISCHARGED :clapping:
          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

          Comment


            #6
            I went Pro Se...(going it alone with no lawyer)

            Originally posted by notgoingasplan View Post
            I paid a lawyer because its emotionally draining enough. They were there to answer all my question and I just felt more comfortable going to the creditor's meeting with one. You can do it on your own but ... your on your own.
            I did not have the money to pay a lawyer and I needed to file asap.My car was in danger of being reposessed and I did not want that on my credit report and a BK.So I read up on as much as I could online.Getting all the advice I need to fill out the paper work and bought a self help book.
            I printed out all the Bk petition papers off my court website and filled out the ones I could and asked for help online and referred to my self-help book for other questions that I needed to be answered.
            Would I go pro-se again if I had to? Yes.I was a no asset case and I surrendered my car to the lein holder.So far-so good.And I'm crossing my fingers for no bumps in the road ahead because I do not have money to pay a lawyer.
            Good luck to you whatever you decide.
            Donna
            Donna

            Filed Pro Se August 10,2006 :cry: 341 Meeting: September 19,2006 :blink: Last Day to Object: November 20,2006 :cool: Discharged: November 27,2006 :clapping: CLOSED: December 15,2006 :tongue:

            Comment

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