File CH7 without attorney?

[trnorton]

What is the name of your state?What is the name of your state?CA
My wife and I have a combined credit card debt of about $50,000. I have just been laid off again. We are not currently behind on our debt but will be beginning next month when we run out of savings. We have one car paid for worth about $1500. and a second car we will continue to make payments on worth about $12,000. (we still owe $9,000 on) Aside from the computer I am typing on we have little property to liquidate (and I use it for work...when I have it) After researching our options CH 7 BK seems the only way to stay in our rented apt and still eat, while we search for work. There seem to be a few websites that contain all the necessary forms and instructions for filing as well as websites that offer preparing software < What is the name of your state?CA
My wife and I have a combined credit card debt of about $50,000. I have just been laid off again. We are not currently behind on our debt but will be beginning next month when we run out of savings. We have one car paid for worth about $1500. and a second car we will continue to make payments on worth about $12,000. (we still owe $9,000 on) Aside from the computer I am typing on we have little property to liquidate (and I use it for work...when I have it) After researching our options CH 7 BK seems the only way to stay in our rented apt and still eat, while we search for work. There seem to be a few websites that contain all the necessary forms and instructions for filing < www.uscourts.gov> as well as websites that offer preparing software.< www.verrantbk.com> I am concerned that I will have to pay an attorney $1000. I don't have to file on my behalf. I am also concerned about not having legal council with me in court.
Advise on which route to take?
Thank You!

 

[Ladynred]

You can file w/o a lawyer, but it is NOT recommended. BK is complicated and one mis-step on a schedule can put you into hot water with a Trustee and get your case dismissed.

It is also NOT advisable to use these on-line document preparation places. BK courts in many areas consider these places to be promoting bankruptcy fraud.. again, NOT what you want.

Call around and go for a few consulatations, most lawyers offer them free. Many lawyers will take payments, but ALL fees must be paid before they will file your case.

 

[vflytrap]

Hi, I'm in Indiana, and I just filed bankruptcy for myself with the following book that I got at my local library. To be honest, in the process, the only time a lawyer actually did something (in observing others) was the filling out of the paperwork. At the debtors meeting, you do all the talking, not your lawyer. This book (and the series - whether you're doing 13 or 7) are uber helpful. I just got my discharge today. You have to be willing to contact the courts and deal with them directly, but I wouldn't say that I was treated any differently without a lawyer. There was a quote out of the book that said something along the lines of, "Lie on your paperwork, get a lawyer - otherwise, it's not necessary".

I hope that helps - I'm not a lawyer or anything, but I figured I could at least let you know my experience.

S*

 

[AttorneyOney]

To be honest, in the process, the only time a lawyer actually did something (in observing others) was the filling out of the paperwork. At the debtors meeting, you do all the talking, not your lawyer.

There were probably a few things you didn't see. The extensive interview a good lawyer does at the outset of a case. The title search to make sure that debtors really don't own any real property that could be protected by judicious planning. The analysis of tax, student loan, and other dischargeability issues. The letters to special types of creditor like the registry of motor vehicles that was threatening to yank the car registration because of unpaid parking tickets. The advice to undo a fraudulent transfer and then wait a year before filing. The seminars and other continuing education that the lawyers attended so as to be able to spot all the issues in the case and the decision trends.

In fact, the less you see happen at the 341 meeting, the better job the lawyer has likely done. Mind you, some cases really are so simple that the debtor could have handled it alone. But a layman can't tell in advance whether his or her own case is "simple", and guessing wrong is a mistake that can't be undone.

 

[Diane143]

Pro Se in PA

I am filing Pro Se. I have a fairly simple case. I used a bankruptcy prep service and it really is up to the debtor to make sure all is correct. Not sure how preparers are considered fraud by anyone if they follow the rules of the court. There is a Code for them. If I owned tons of non-exempt property or owned a home , I would use a lawyer...too much to lose. But I am not but I do know how to read bankruptcy law and do research. You can always consult with a few free of charge then make a choice.

 

[legal_wonderer]

I also wanted to recommend the NOLO book. The information is extensive and it even tells how to go to law libraries and to research similar cases. If you don't have real estate, you don't have assets, you aren't out to lie, you can be complete and spend time on your case, and are worried more about buying food than paying a lawyer, then I think filing yourself is a good plan.

The book is in its 12th edition and the 13th edition will be out soon. I strongly recommend you use the 12th edition and the 13th when it comes out if possible.