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Filing For Bankruptcy Without An Attorney

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  • 03-23-2008, 04:49 PM
    kjd2008
    Filing For Bankruptcy Without An Attorney
    I have been unemployed for the last 2 years due to a temporary disability and still not working. I have used all my credit cards to live off and spent my retirement money. My currrent credit card debt is about 40,000 and I dont have anyway to pay anymore. I have no assets at all. I live with a friend and drive an old car. Is there a way to file for bankruptcy without an attorney because that would be more money I dont have and how could I not qualify with my debt and no income. I currently live in Orlando FL
  • 03-23-2008, 06:30 PM
    AmieRenee1980
    Re: Filing For Bankruptcy Without An Attorney
    Based on the circumstances you have described, you may very well qualify for Chapter 7, and could possibly file pro se fairly easily providing you have no secured debts that will need reaffirmation agreements, no judgements that would require notices to local Courts, etc. and assuming that you have no issues that would be questionable on your statement of financial affairs. I always recommend using an attorney to file a Bankruptcy especially now that the laws have changed, however, if you are diligent and do appropriate research ahead of time and make certain you are filling out all of the forms correctly, you can certainly file pro se.

    You need to be prepared to pay the Court filing fee for Chapter 7, as well as the cost of both pre-file credit counseling, and pre-discharge financial management education courses. Without knowing the exact amounts in your area, I would tell you to estimate this cost anywhere from $300 -$500.

    Keep in mind if you file pro se, and some issue arises during your case that you cannot handle on your own, an attorney may charge you just as much to pick up your case once you've done all the work as he would have in the beginning.
  • 03-23-2008, 10:40 PM
    Betty3
    Re: Filing For Bankruptcy Without An Attorney
    Bankruptcy law is incredibly complex particularly since the new rules eff. 2005.

    If you do decide to file on your own, be very, very careful that you do everything correctly. It's always best to obtain the help of an attorney if at all possible.
  • 03-24-2008, 12:49 AM
    BOR
    Re: Filing For Bankruptcy Without An Attorney
    Quote:

    Quoting Betty3
    View Post
    Bankruptcy law is incredibly complex particularly since the new rules eff. 2005.

    If you do decide to file on your own, be very, very careful that you do everything correctly. It's always best to obtain the help of an attorney if at all possible.

    I agree 100% Betty. He needs to consult an attorney. With that much debt, you can bet some creditors will file Objections and make the process more complicated for him.

    kjd2008, BK att's have relatively small fees for non complex Petitions, usually 400-700$. Now, such as company's that are insolvent, the fees are of course higher. Once you file, your creditors are STAYED from collecting, thus freeing up your disposable income. Your attorney can make payment arrangements with you.

    You are going to have to pay the court filing fee regardless, pro se or not, usually between $150-250$, unless you file an "in forma pauperis" Motion with it, meaning you can not afford to pay the filing fee. It may or may not be granted. Such Motion requires an affidavit of assests, income, etc., and is in and of itself is exhaustive.

    Good luck!!
  • 03-24-2008, 03:07 PM
    kjd2008
    Re: Filing For Bankruptcy Without An Attorney
    What does it mean when you say that some creditors will file objections and make the process more complicated. All my debts are with credit card companies and i dont have any assets left so what can they possibly object to. I dont see me having any income for awhile because of my temp disability.

    I guess i should just borrow some money from the family and just hire an attorney to help me file.
  • 03-24-2008, 04:01 PM
    Betty3
    Re: Filing For Bankruptcy Without An Attorney
    BOR just meant there is a "possibility" that some creditors could object to their debt from being discharged.

    I would get an attorney if at all possible.
  • 03-25-2008, 02:07 AM
    BOR
    Re: Filing For Bankruptcy Without An Attorney
    Quote:

    Quoting kjd2008
    View Post
    What does it mean when you say that some creditors will file objections and make the process more complicated. All my debts are with credit card companies and i dont have any assets left so what can they possibly object to. I dont see me having any income for awhile because of my temp disability.


    I know of the procedural term, but still to educate myself also, I researched it some.


    http://www.legal-forms-kit.com/freel...ruptcy/18.html

    Section 727, below, as cited in link above:

    http://www4.law.cornell.edu/uscode/s...7----000-.html

    --------------------------------------------


    http://www.ohio-bankruptcy-laws.com/...tcy-law-06.htm

    Section 523 as cited in above link:

    http://www4.law.cornell.edu/uscode/s...3----000-.html

    Understand, I am NOT saying your Petition will be subject to any objection, etc. I am just stating with BIG money involved a creditor may require a very detailed history of expenditures.

    A creditor is unlikely, especially under the new code as Betty pointed out, to just let 40,000 slip out of thier hands without making you legally earn it?

    Please consult an attorney. Simply filling out forms provided and filing a Petition is not the end of it, debts discharged, no legal maneuvering.

    Even I would not file a Pro Se Bankruptcy Petition for that much debt. I am not claiming to be a legal guru, by any stretch.... but this is too risky a legal move to accomplish by self representation.

    Good luck.
  • 03-25-2008, 02:12 AM
    BOR
    Re: Filing For Bankruptcy Without An Attorney
    Quote:

    Quoting Betty3
    View Post
    BOR just meant there is a "possibility" that some creditors could object to their debt from being discharged.


    Thanks, that is exactly what I meant, as outlined in my above post.
  • 03-25-2008, 09:52 AM
    Betty3
    Re: Filing For Bankruptcy Without An Attorney
    You're welcome, BOR. :)
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