Question PRO SE advice needed! Shall I do it alone?

[newbeginning]

Here is my situation:

State: Texas
Filing: Jointly (wife does not work and will not be able to for a while due to recent recovery from Stage IV breast cancer)
Children: 2 (four in family total)
Eligible to file Ch. 7: Yes
Debts: CC and Medical (on going, but have decent medical insurance)
Auto: 1
Mortgage: Yes, payments on time, but would like to try to refinance
Other: Will need tax refund to pay local taxes, no other major assets

More specific questions:
1. We have been keeping emergency money for times of "emergency" at home. I am certain that estate will look into past bank transactions. How can we protect this security money, if at all?
2. My mother has been helping us financially ($500/month) for the past year or so, how will this impact? She will unlikely be able to continue after the new year
3. Has anyone ever tried renegotiating mortgage while/during/prior/post BK?

Thank you!

[AngelinaCatHub]

Here is my situation:

State: Texas
Filing: Jointly (wife does not work and will not be able to for a while due to recent recovery from Stage IV breast cancer) Sorry to hear that. I am a survivor too. Prostate.Children: 2 (four in family total)
Eligible to file Ch. 7: Yes
Debts: CC and Medical (on going, but have decent medical insurance)
Auto: 1
Mortgage: Yes, payments on time, but would like to try to refinance Going to be tuff doing that, I would talk to bank right now before the bkOther: Will need tax refund to pay local taxes, no other major assets Work that out with both the mortgage company and Trustee as your tax return is probably toast
More specific questions:
1. We have been keeping emergency money for times of "emergency" at home. At home? Cash? I am certain that estate will look into past bank transactions. How can we protect this security money, if at all? If you answer right and I don't usually say this, but if it has not been through any recorded transaction and is cash and is use ONLY for what you state, I personally would not consider it as an asset at all. That is not the way the Trustee would see it, so I'm giving you bad advice but my opinion.2. My mother has been helping us financially ($500/month) for the past year or so, how will this impact? She will unlikely be able to continue after the new year She must be counted as well as notation that she cannot do this anymore. Many people have help from relatives. DO NOT pay her back at all until after discharge. 3. Has anyone ever tried renegotiating mortgage while/during/prior/post BK?

Thank you!

I wish you well friend. 'Hub

[AngelinaCatHub]

Original question now answered. You can go pro se. It is tough. Get Nolo.com Chapter 7 book for $18 download pdf. If you can though, it is better to have a lawyer. 'Hub

[mgmtrnr]

New Beginning,
I am in the process of filing Pro Se Chapter 7. My situation is a little less complicated than yours because I am a single filer.

Go to your local library and get the Nolo book How to File for Chapter 7 Bankrupcy by Attorneys Stephen Elias, Albin Renauer, and Robin Leonard. My library had the 13th edition which was published in 2006 so it is fairly up to date.

It walks you through step-by-step in easy-to-understand language. I think you will be able to decide if you can do it Pro Se after reading the first few chapters of this book.

You can then go on the uscourt.gov website and use the PDF fillable forms to complete your Schedules and Statements.

Use the library....IT'S FREE!!

Good luck!!

[newbeginning]

Thank you all. I have the book. It really is unavoidable that we use the federal tax refund for local taxes. No way of getting around paying taxes. We also have to use part of the money to pay our home-owners association fees. We will file after we use the refund. Surely this cannot be seen as any attempt to defraud, right?

[newbeginning]

Spoke to another lawyer. Did not ask for past bank records, but last three pay stubs and past two years tax return. This will be an initial visit, so perhaps does need bank statements yet? I will be meeting with him next week Monday. Any reasons why he would not ask for bank statements?

[Flamingo]

Spoke to another lawyer. Did not ask for past bank records, but last three pay stubs and past two years tax return. This will be an initial visit, so perhaps does need bank statements yet? I will be meeting with him next week Monday. Any reasons why he would not ask for bank statements?

For an initial appointment an attorney will not ask for bank statements; that will come when you retain him or her. The attorney has no obligation at the intiial visit other than to assess your monetary and debt situation and let you know what you can or cannot do as to filing. All you need when you go is a listing of all your debts, monthly payments, sources of income, paystubs, listing of assets and usually just your most recent state and federal tax returns...best of luck to you!