representing self in chapter 7

[jessica143]

What is the name of your state? Florida

Both my fiance and I need to file bankruptcy, but the attorney fees are so high that I don't think we can afford for both of us to hire one. I am thinking that one or both of us may use a document preperation service and represent ourself. Does anyone have any experience or advice on this? Also, he has a judgement filed against him, does this mean he should get an attorney instead of representing himself?

 

[Ladynred]

one or both of us may use a document preperation service and represent ourself.

Don't do it. Many bankruptcy courts have decided that these 'document prep' places are promoting bankruptcy fraud - - bad idea.

Bankruptcy is VERY complicated. One little error can cause you BIG trouble. Besides, if you have someone else do your papers, how are you going to know EXACTLY what's on your schedules and WHY ?? How would you answer detailed questions from a Trustee ?? Are you prepared to handle a LOT of legal paperwork for the next 4 months or so ?? If not.. get a lawyer. Many will take payments for their fees, but they won't FILE your case until their fee is paid in full.

As for your fiance, there is NO WAY he should file w/o a lawyer when there are judgments involved.

 

[johndaw]

I am filing myself. I check with about 30 or so lawyers, found one that would do it for less then all the rest. I hear it is a set rate from the gov.
you should check around though.

 

[Ladynred]

The FILING FEE is a set amount, what a lawyer charges will vary greatly by area and expertise.

If you need help, try legal aid, but they usually have waiting lists and the new bankruptcy laws will go into full effect on 10/17/05.

 

[chyna1057]

Don't do it!

Take it from someone who has filed by herself using one of the BK preparers.
I had a judgment against me that resulted in a levy on my bank account. It's not worth it.

Unluckily, My judgment was from a lawfirm who doubles as a collection agency so that they can purchase written off debts from other CA's and pursue collection efforts. Doubling as a lawfirm, they know ALL about the loopholes in the BK laws, also help write them, allowing them to get around them and still try to come after me even AFTER the debt with them was discharged. And it's for such a small amount too. Total debt with this particular company $4300 on which they are fighting to get the $1,100 that was levied on in my bank account. To me, that's alot of money, but to this CA/Lawfirm I doubt it. Talk about greed. That's what I am going through now. Trying to find a lawyer to help me out with all the legalities and stop these people from getting away with this.

If I had a lawyer in the beginning, I couldn't afford one either at the time, I wouldn't be going through this. It's very stressful because I don't really know what they can or cannot do....legally. I am being told that what they are doing is illegal, but how can I prove that without any true in dept knowledge of this very complicated proccess. I can only follow the advice from some knowledgeable people,LADYNRED for example, in these wonderful forums.

If the creditor's name is New Century Financial/Pressler.... DO NOT DO IT!!!! These guys are crooks. Also keep in mind, you don't know how many other CA's are doing what the above mentioned company is doing.

In conclusion, I would only recommend filing on your own, ONLY IF, you have a NO ASSET case and NO Judgments or anything other situtation that involves the courts.

I wish I would've filed 2 years ago, but no sense crying over spilled milk.

 

[Angilix]

I have to file pro se

Can you tell me what loopholes they are using? Hopefully I can head them off in my similar situation. I 'm thinking that once I file and get the garnishments stooped I can then have the money to hire a lawyer.

 

[Ladynred]

I don't think they're taking advantage of any 'loopholes', but what they ARE taking advantage of is the fact that she didn't have a lawyer. They are counting on her ignorance of the laws - both bankruptcy and civil - to try to get money they would not and should not be allowed to have. Bankrutpcy makes judgments null and void and long with them any levies they placed on her bank accounts. A writ of exection on a bank account is not the same as, say, a lien that can be attached to real property.

Pressler (which IS a collection agency, they're not 'doubling' as anything) is violating the permanent of injunction of the discharge. Had there been a lawyer involved at the start, the levied funds would most likely have been released months ago.

There is nothing 'simple' about this process. If you have lawsuits and judgments against you in a bankruptcy case, you NEED a lawyer to be sure just this kind of thing doesn't happen.

 

[absolutelylost]

I wouldn't do it

I'm a fairly sophisticated guy. I deal in sophisticated financial situations for a living.

I would not file BK myself.

In my business, there are few people who know it as well as I do. I see people making BIG mistakes from miles away. I see people missing BIG opportunities from miles away. I can see all that because its what I do.

When it came to (obviously) needing to file BK, I read up, bought a book, did all the research...and realized that I need someone for whom this is a daily event.

BK, to me is very convoluted. It seems to me that what seems to be self-evident, isn't. Just like my business.

I can save you thousands of dollars if you deal with me on my business. Same with an attorney. I am confident that my guy can save me thousands, that's why I'm willing to pay him $1,500 to do it.

You get what you pay for.

 

[BaianoLindo]

I filled for Chapter 7 by myself. It was pretty complicated in a sense that I owed a lot, that I lost my property in a foreign country after I had so much in the USA etc., but never had $$ to afford a lawyer. U.S. Trustee was involved given all the circumstances. The bottom line, if you're honest - no problems.

After asking for help here, researching the BK law etc., I felt confident enough to fill the BK by myself and all went good and I was discharged the other day.

SURE!!, if you have a lot of assets it may be too complicated but the most no asset cases are pretty easy to do. Just my two cents.