Can I really file myself?

[turnkey803]

What is the name of your state? GA

After reading on-line and speaking with a couple of attorneys...

1. Is it true that I can file for free on-line, if so where? (In GA)

2. I understand I am required to pay a certain amount to file. May I ask to stretch the terms (I am single mother, no child support, but recently employed for the first time in a year since losing my business...had no unemployment and living off my cards as best as I could for 12 months. The new job is 1/3 of what I used to make.)

The equity in my home and vehicle is almost nothing...I lost my business the month after I bought my home. Still 10,000 on my car. (Already reserched alternatives on both, I need to keep both and can afford if I can get out from underneath the unsecurred debt.)

3. I am getting conflicting information about the new laws in GA. Do I have to set a payment plan for all my debt over the next 5 years (IN GA), or does chapter 7 release me completely from the debt? I plan to "re-assume" the mortgage and vehicle, I understand that my credit card companies are not interested in my re-assuming after speaking with them...does not make sence to me, but that's what they said.

Thanks for any direction.

Regards.

[patrickj]

Originally Posted by turnkey803

What is the name of your state? GA

After reading on-line and speaking with a couple of attorneys...

1. Is it true that I can file for free on-line, if so where? (In GA)

2. I understand I am required to pay a certain amount to file. May I ask to stretch the terms (I am single mother, no child support, but recently employed for the first time in a year since losing my business...had no unemployment and living off my cards as best as I could for 12 months. The new job is 1/3 of what I used to make.)

The equity in my home and vehicle is almost nothing...I lost my business the month after I bought my home. Still 10,000 on my car. (Already reserched alternatives on both, I need to keep both and can afford if I can get out from underneath the unsecurred debt.)

3. I am getting conflicting information about the new laws in GA. Do I have to set a payment plan for all my debt over the next 5 years (IN GA), or does chapter 7 release me completely from the debt? I plan to "re-assume" the mortgage and vehicle, I understand that my credit card companies are not interested in my re-assuming after speaking with them...does not make sence to me, but that's what they said.

Thanks for any direction.

Regards.

Have you checked with the web site bankruptcy court for your district in Gerogia? I don't see why you can't do a pro per filing There is plenty of free information about filing bankruptcy on the web Most bankruptcy forms can be downloaded so that you can fill them out. There are other things that you need to know before starting the process of filing your bankruptcy. Take a little time and do some home work.
With the changes tha went in to effect on bankruptcy. I know 180days before you can file you need to take a credit course and after you file you must take another credit course. Without the certificates you don't get your bankruptcy. You can fill out a form to make your filing fees by payments.
On your vehicle you still will have to claim it as a debit then you can do what is called a reaffermation agreement on it( make sure you are current on your payments before you seek reaffermation make it a lot eaiser to do so)
If you are seeking a chapter 7 bankruptcy I don't see what the need is for a repayment plan if you are granted a total discharge of debit.

[debtcollector`]

Respectfully, get an attorney.

The new BK laws are nothing to try and adhere to yourself.

DC

[Gregeney]

Originally Posted by patrickj

I know 180days before you can file you need to take a credit course...

Within 180 days.

Turnkey, as you may be able see from looking at posts here, bankruptcy is somewhat complicated to very complicated. You really should hire an attorney to help you through it. Depending on your income level, you may qualify for a waiver of the filing fee.

Whether or not you file a Ch 7 or Ch 13 depends on your financial situation. (income v expenses)

[turnkey803]

The more I learn, the worse it gets. I really don't have the money for an attorney with my new job, and I already tried to see if I qualify for a waivor...I do not. I think you must need to make less than 10 thousand and live under a bridge.

Thank you for your advise, I'll keep trucking online tonight...

[patrickj]

Originally Posted by turnkey803

The more I learn, the worse it gets. I really don't have the money for an attorney with my new job, and I already tried to see if I qualify for a waivor...I do not. I think you must need to make less than 10 thousand and live under a bridge.

Thank you for your advise, I'll keep trucking online tonight...

On the bankruptcy Courts web site see if they have a informatiom booklet called Banckruptcy Basics. (if they don't let me know ) Has some very good information about bankruptcy. I have a few
links that will assit you and guide you also in making this decision on bankruptcy
Even if you don't quilfy for a fee waiver you still do your filing fees on payments if you file the paper work along with your petition and other forms.
First things first you should be looking into the pre filing credit counseling course which is required 180 days before you file. There is a fee for the credit course also.

[Ladynred]

pre filing credit counseling course which is required 180 days before you file.

No, it is required WITHIN 180 days as already pointed out. AND, it can NOT be the day before you file either.

File FREE on line ?? I seriously doubt it and you don't want to take the chance with a document prep place anyway. You need to KNOW EXACTLY what's going on your schedules, where and WHY. YOU will be the one questioned by the Trustee and if you don't know the answers you could be in deep doo-doo.

Additionally, some of these places have been charged with promoting bankruptcy fraud and some have been fined for the illegal practice of law. GET A LAWYER. Find one that WILL take payments for their fee. If you are still paying creditors, STOP and use that money for the BK lawyer. Of course, if you have a house or car loan, you do have to keep paying those or you'll lose the property.