Question about filing separate from spouse...

[Pennywise]

I have decided I need to file -hopefully Ch. 7). I have a lawsuit against me and a judgement will happen soon. Question concerns filing pro se or hire attorney. I will be filing apart from husband. Debts are in my name only. All of the debt are CC that have long since closed and been charged off. Now I have these JDB circling me. Anyway, we have 2 cars, one with just my husband's name. the other in both our names. So the only asset I have is 1996 car with a salvage title. To those who have filed pro se - think this could be done fairly easily. I plan to buy the Nolo book for help and I am very detail oriented. All opinions will be greatly appreciated. thanks

I have been reading these threads for about a week and I am finding them so very helpful!!!

[lrprn]

Just a few questions first, Pennywise....do you own a house? Is the judgment against a secured asset? If it is, which asset is it and are you the sole owner of this asset? (And what does "JDB" mean?)

Your jointly held car could be a problem if you still owe any money on it. If you file and your husband doesn't, then he'll be responsible for this car's debt If the jointly held car is already paid off, then no problem.

If you are going to try filing pro se, then the Ch 7 Nolo book is the most important purchase you can make for yourself. Do a search here - several posters with straightforward, no-asset cases have used it quite successfully.

One last piece of advice - if you do file, be certain to include every single one of your credit cards, even if you have not heard from them for years. Filing bk has a way of bringing the vermin out of the woodwork, and in some states, these debts can last for up to 20 years.

Be sure to come back with questions or if you just need to vent. Welcome! We're glad you found us!

[SinkingFast]

To help make sure you list all your Creditors, pull all 3 Credit Reports at http://www.annualcreditreport.com

Take your Credit Reports, match up current bills, see what's left. You may be surprised to find one or more accts that you might have otherwise forgotten about.

There are several posters here who have file Pro Se, Ch 7, No Asset successfully, as Lrprn said.

Maybe some of them will chime in and help you along your way.

[Pennywise]

We do not own a house and the car has been paid for several years ago. So the judgement is NOT going to be attached to anything. The car is not worth much either according to Kelly Blue book because it has a salvaged title. And JDB = Junk Debt Buyer, those who purchase a credit card account that has been charged off for PENNIES on the dollar, then they sue you for about 1000x what they paid.

Thanks for the input. I will keep checking the boards and the older posts for info.

[SinkingFast]

We do not own a house and the car has been paid for several years ago. So the judgement is NOT going to be attached to anything. The car is not worth much either according to Kelly Blue book because it has a salvaged title. And JDB = Junk Debt Buyer, those who purchase a credit card account that has been charged off for PENNIES on the dollar, then they sue you for about 1000x what they paid.

Thanks for the input. I will keep checking the boards and the older posts for info.

JDB,............ We refer to them as Zombie Debt Collectors here.

What little I do know about filing seperate,..........

When you start the Means Test, you do list both yours and Hubby's incomes at the start. Later on down the Means Test, you take out the non-filing spouse's income so it is not included in consideration of Household Income for comparison to the Median.

So-Beyond-Broke is one that I can think of right off the top of my head that filed Pro Se. She posted lots of little tips that she picked up along the way. You might try reading thru her earlier posts. Here's a link to her public profile so you can go thru her posts:

http://www.bankruptcyforum.com/member.php?u=2473

She talked about accessing the Local Rules from her Court's website for guidance in filling out the Forms. You might try finding your Court's website and see if there's a link to the Local Rules.

Also, there's a Stickie about what Trustee's look for on the Forms:

http://www.bankruptcyforum.com/showthread.php?t=7296

And,............... The Creditors Matrix has to be filled out in a specific format. Look for info on that too.

Hopefully this will help you get started!