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Old 10-06-2009, 07:47 PM   #1
bagel
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Where to start? Help!?

I don't even know where to begin.

Someone on another thread suggested purchasing a down-loadable book on filing Chapter 7 for yourself.

Does anyone else have any advice on how to start educating myself on this? I'm a smart guy and if I can have someone point me in the right direction, I believe I can figure out how to do this myself. Also I believe my case is fairly straightforward.

I know people have had success on here, but has anyone on these forums tried filing for themselves and MESSED UP?

Also, about how long will it take from where I am now, to actually completing all the work involved?

Any help would be appreciated!
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Old 10-06-2009, 07:56 PM   #2
AngelinaCat
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You have taken the the very FIRST step; you are here asking these questions.

Welcome to the Forum. Besides reading through here--especially the 'stickies', I suggest going to the nolopress.com website and purchasing their online downloadable version of their Ch7 book on doing it yourself. It is written in plain English, and is a good guide for how the process works.

Some posters have had problems understanding it, but if we, my 'Hub and I, had discovered that book and this site BEFORE we filed, we would have been far better off.

Good luck to you~~

"To go bravely forward is to invite a miracle."

"Worry is the darkroom where negatives are formed."
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Old 10-06-2009, 08:26 PM   #3
justbroke
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The NoLo Guide to Chapter 7.... $17.99
Querying PACER for all your Trustee's cases... $7.60
============================================

Finding BKForum.COM... priceless.

Chapter 13 Filed (Pro Se) 7/16/08 Confirmed! 12/16/08
Stats: $5,380/month ($60 disputed) -- 15/60 months completed
My favorite site: Bankruptcy Law Network
I am not an attorney. Any advice provided is not legal advice.
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Old 10-07-2009, 06:12 AM   #4
Annie4
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I've been a stay at home mom for 22 years.

I went to the library and got Bankruptcy for Dummies and also the NOLO book.

The only mistakes I made were:

1. Signing everything a month before. (It has to be dated that day or within ONE day.)

2. Not adding a notarized letter verifying that I was a housewife and my income was $0.

I wish you the best!!!! You can do it!!!!

Oh....and they did send a letter informing me to fix these things and gave me time to do it.

8-4-09 Filed pro se Chap 7 (I still can NOT believe I took that first step!)
8-25-09 Approved to proceed in forma pauperis.
9-8-09 Trustee's Report of No Distribution.
11-18-09 Discharged!

Last edited by Annie4; 10-07-2009 at 06:15 AM.. Reason: added the bottom info
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Old 10-09-2009, 10:11 PM   #5
bagel
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Thanks for the feedback people.

I hope in a few weeks after reading this forum and the book, I will be able to succesfully file chapter 7 by myself.


A question about the nolopress book....


Can I just buy the paperback ?

Why is the downloadable version of the nolopress book preferred?

I noticed there are some forms included with the downloadable version of the book, is that why everyone says I should download it? Can I not access these if I buy the physical book?
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Old 10-09-2009, 11:35 PM   #6
lrprn
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Quote:
Originally Posted by bagel View Post
I hope in a few weeks after reading this forum and the book, I will be able to succesfully file chapter 7 by myself.
If you are willing to do a lot of research and homework *AND* you have a straightforward case without high debt, extra properties, assets you can't protect with your state's bk exemptions, etc. then yes, it's very possible to file Ch 7 without a lawyer (it's called filing pro se). We have several members who've done it quite successfully, and a forum area dedicated to pro se filers.

If you have to file Ch 13, then that is most definitely *NOT* a pro se project unless you have extensive knowledge of the Ch 13 law interpretations for your district and all the recent case decisions that impact it.


Quote:
Can I just buy the paperback ? Why is the downloadable version of the nolopress book preferred?
Yes, you can buy the actual book from NOLO, Amazon, or several other online and brick and mortar stores.

I think many people like the downloadable version because it's cheaper and they can get it immediately.

Quote:
I noticed there are some forms included with the downloadable version of the book, is that why everyone says I should download it? Can I not access these if I buy the physical book?
The B22A forms to file Ch 7 and the B22C forms to file Ch 13 are found online at the US Courts website. No matter which chapter you file, you also need to fill out the Schedules A-J as well. All of these forms are found here - http://www.uscourts.gov/bkforms/bank....html#official

The NOLO book helps you sort out how to complete them. Some areas depend on interpretation of the law and case law decisions to know what to include on some of the form lines. Bankruptcy law is not black and white. There's a lot of gray depending on your state you file in and your local court judge and trustee customs and interpretations.

I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/01/09 - Three years done!!

Countdown: 41 months paid, 19 months to go
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Old 10-30-2009, 04:16 PM   #7
bagel
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Hey.

I've been really busy with other things, but I just ordered the book and intend to begin the process shortly.

A few more questions I have.

I have a few checking accounts that are definitely overdrawn and in the negative. I assume I can include these when I file, and are these trickier to get discharged than credit card debt? I'm assuming if I can get these debts discharged the nolopress book will cover how to do it?

Also, I keep reading stuff about credit counceling classes? or debt management classes? What is this exactly? Is this only something you have to go through if you file yourself? How long are these classes?
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Old 10-30-2009, 04:33 PM   #8
justbroke
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Quote:
Originally Posted by bagel View Post
I have a few checking accounts that are definitely overdrawn and in the negative. I assume I can include these when I file, and are these trickier to get discharged than credit card debt? I'm assuming if I can get these debts discharged the nolopress book will cover how to do it?
They are dischargeable. The NoLo book doesn't cover it specifically (that I can recall). They are just "normal" general unsecured creditors like everyone else. You just list the bank as an unsecured creditor, and the amount on your Schedule F. That simple! (After you get discharged, you may need to write to ChexSystems to get the negative entry removed from that "credit" reporting agency's systems.)

Quote:
Originally Posted by bagel View Post
Also, I keep reading stuff about credit counceling classes? or debt management classes? What is this exactly? Is this only something you have to go through if you file yourself? How long are these classes?
You need to take two classes. One of them you need to take within 180 days of FILING your case. This is the credit counseling class. The second class is the Debtor Education (or Financial Management) class.

Please ensure that you take the Credit Counseling course before filing and submit the certificate with your petition. Failure to do so will result in your case being dismissed.

Please ensure that you take the Debtor Education (Financial Management) class (aka the "second class") and submit the certificate after you file and before discharge. Failure to file this certificate will result in you not receiving a discharge.

Every debtor has to take these classes! The Credit Counseling or "pre-filing" class takes about 1-2 hours. The Debtor Education (Financial Management) class (aka the "pre-discharge" class) takes at least 3 hours. (I used a company and they timed how long you spent on each "page" of the course. It was timed to take 3 hours. You can actually spend a lot more time than that if you are a slow reader, get distracted easily, or are impatient!)

Chapter 13 Filed (Pro Se) 7/16/08 Confirmed! 12/16/08
Stats: $5,380/month ($60 disputed) -- 15/60 months completed
My favorite site: Bankruptcy Law Network
I am not an attorney. Any advice provided is not legal advice.
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Old 11-06-2009, 12:15 PM   #9
Xue
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Smile

Hello. May I please ask questions in this thread?

I have the NOLO book on Chapter 7, and I'm fixing to order my credit reports.

However, my accounts have been turned over to collection agencies. So I just will look for their demand letters and use those addresses?

I am encouraged to see that others have filed pro-se and that there is a section here.

I have been reading the threads, but my epilepsy does affect my memory, so I hope that this forum will not be like others where moderators get rude and angry with someone like me if I ask the same questions. But all I've seen is friendly and helpful people here. Thanks.

I'm in Georgia and I'm going to use www.annualcreditreport.com because I heard someone say something bad about the freecreditreport site. Anyway, thanks.
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Old 11-06-2009, 12:40 PM   #10
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However, my accounts have been turned over to collection agencies. So I just will look for their demand letters and use those addresses?
Use the names, addresses, and account numbers from your original creditors. You can add the information from the collection agencies if you want to be thorough. But that is not expected, as these debts get sold and re-sold all the time. You are not expected to keep chasing afte them for the latest address.

Good luck to you!

"To go bravely forward is to invite a miracle."

"Worry is the darkroom where negatives are formed."
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Old 11-06-2009, 12:59 PM   #11
Xue
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Originally Posted by AngelinaCat View Post
Use the names, addresses, and account numbers from your original creditors. You can add the information from the collection agencies if you want to be thorough. But that is not expected, as these debts get sold and re-sold all the time. You are not expected to keep chasing afte them for the latest address.

Good luck to you!
GREAT NEWS!

Thanks for the encouragement and clarification.
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Old 11-14-2009, 03:32 AM   #12
metastasis
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Last edited by metastasis; 11-14-2009 at 04:03 AM.. Reason: posted this in a new thread in the pro se area
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Old 11-19-2009, 08:55 PM   #13
dmf32835
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Did the book include the bankruptcy forms you need? If not, you can get those online too.

2/12/08 Chapter 7 bankruptcy forms filed (Pro Se).
5/27/08 Confirmed!
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Old Yesterday, 06:20 AM   #14
WaitNSee
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I have the NOLO book, just read bits and pieces so far, as I am not filing (as yet).
But, I found this website and was able to download forms...also includes one form that is a checkoff to make sure you have all the forms needed. Should be helpful. Hope it is OK to post this link

http://www.uscourts.gov/bkforms/bank...html#procedure
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