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  1. #1
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default 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.

  2. #2
    Join Date
    Aug 2007
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    Default Re: Filing For Bankruptcy Without An Attorney

    Quote Quoting Betty3
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    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!!

  3. #3
    Join Date
    Mar 2008
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    4

    Default 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.

  4. #4
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    Apr 2007
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    Il.(near StL,Mo.)
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    Default 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.

  5. #5
    Join Date
    Aug 2007
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    Default Re: Filing For Bankruptcy Without An Attorney

    Quote Quoting Betty3
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    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.

  6. #6
    Join Date
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    Il.(near StL,Mo.)
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    Default Re: Filing For Bankruptcy Without An Attorney

    You're welcome, BOR.

  7. #7
    Join Date
    Aug 2007
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    Default Re: Filing For Bankruptcy Without An Attorney

    Quote Quoting kjd2008
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    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.

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