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  1. #1

    Default Re: Have I Been Included As an Individual in an Involuntary Petition

    I'm familiar with "piercing" thing and that is what I'm concerned about. I'd love to get a lawyer but that is expensive and there is no money. Do you know of a way I can be appointed one by the state? Any strategies appreciated. I spent a year in law school so could at least make an effort.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Have I Been Included As an Individual in an Involuntary Petition

    WA does not appoint attorneys in civil cases (except in one or two extreme exceptions which aren't present here).

    If you're criminally charged, you are entitled to an attorney (though if you can afford one, this generally means you won't qualify for a PD).

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Have I Been Included As an Individual in an Involuntary Petition

    Quote Quoting Sheryl Smith
    View Post
    I spent a year in law school so could at least make an effort.
    Then you know just enough law to be dangerous.

    Even I wouldn't handle something like that by myself and I can run rings around any One L.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Have I Been Included As an Individual in an Involuntary Petition

    1. You need an attny. At least meet with a few - consultations are free - but you may be hard pressed to find one familiar with handling involuntary proceedings. Try higher-end firms even if you have to pay a few bucks for the consultation.

    2. You need to answer petitioning complaint to preserve your rights if this is an improper filing.

    3. If you have 12 or more creditors the involuntary needed to be submitted by 3 of those creditors, not just 1. And. . . those creditors had to hold claims that are non-contingent and NOT in "bonafide dispute". If you have less than 12 creditor then 1 creditor can seek the involuntary but I beleive that one creditor's claim cannot be in bonafide dispute.

    4. Since you have some legal background (AJ is right - a little knowledge is dangerous), you want to carefully read 11 U.S.C. 303.

    5. For all we know, you are a candidate for a bk and, while the initial filing was involuntary, maybe you personally need one - but not the Chapter 7. Conversion to a 13 or 11 may be the path you choose.

    Best of luck.

    Des.

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