7, 11, or 13?

What is the name of your state? TN

I am single but live with my significant other of 15 years, two children (6 and 13), and my mother-in-law. We are scheduled for eviction court on the 14th of this month. I've been told bankruptcy can postpone eviction until we can get enough together to get a new place. The electric is due to be shut off next week. My car has already been taken. I don't go back to work until November 1st.

I have no money for an attorney or even the book everyone has mentioned. I have downloaded all the forms to file.

I have no assets and no unsecured debt, just bills.

I tried to start a company and sold three ads before scrapping the project and am now being sued over that. It was sole proprietership.

What is my best filing option, (7, 11, or 13)?

How long after filing does it take for protection to kick in? And how much does it cost to file on my own?

I really appreciate anyone's help with this. Thank-you.

[ihatearizona]

Looks like Chapter 7 would be your best option since you have no assets.
You might try to locate a pro-bono service for low income individuals in your area. Look for something like Community Legal Services. They can usually point you in the direction of a no cost attorney.

Thanks for taking the time to answer. Unfortunately here in TN the Pro Bono Project won't help you unless you are on food stamps, which I will never be.

So you advise Chapter 7. Is that easier to file or what would be the reason. My friends (non-lawyers) advised Chapter 13. I was unclear on their reasoning.

Also, will that stay eviction and utility cut-off as they had suggested?

[ihatearizona]

Chapter 13 allows you to set up a payment plan through the trustee to repay all of your debts. Most people choose this option if they have a home, car or other valuables that they do not wish to lose.

Chapter 7 is a no asset bankruptcy - meaning you have nothing that isn't covered by an exemption. Since you do not own a home and state that you have nothing of value this would be your best option, unless you wish to pay all of your creditors back.

Either bankruptcy should stay the eviction, but it won't stay it for very long as the creditor will file immediately for a removal of the stay. I'm not sure how it would work with the utilities.

Either way, you are going to have to start looking immediately for somewhere else to live - unless you can come up with what you owe your landlord and the utility company.

[ihatearizona]

Sorry, I forgot to answer your previous questions:

Court filing fee is $209.00

Once you file you are protected immediately by the court ordered stay.

Have you tried looking for a document preparer?

[Ladynred]

Try your public Library for the NOLO Book on Ch 7. It may not be THE most up-to-date version, but it'll give you enough of the information you need to get you going.

Where in TN are you ?