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Met With a Attorney for a 7, thinking about going Pro Se, good idea??

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    Met With a Attorney for a 7, thinking about going Pro Se, good idea??

    I'm really thinking I could pull a Pro Se.

    This past weekend I met with an attorney I feel pretty comfortable with. Within the free consultation, he provided me with 2 pieces of value added information other attorneys would have charged for (well, at least one would have been chargable I believe). The first, was verification of which tax years would be discharged. Although I already knew, he did refine my "timing plan" for when I should file, as one of the dates pivoted around the tax DUE date, and NOT January 1st. The second, upon asking him very specific details regarding the means test as it relates to household income, and the portion of other members in the household contributing to the debtors income, he basically said not to worry about it. He said I would be a "1" person household, and although my income is about 3-4k above the median for a single person, he felt confident he could get me into a no asset 7.

    Now, I live in FL, have done the means test on line numerous times, and even downloaded some FL judge's own excel means test, and have "passed" even assuming that 3-4k over median.

    Thing is, so far, I don't really see where I might actually need an attorney, unless, of course, something weird comes up. I would say the most "complicated" thing in my situation was/is the income tax dischargability, and he really didn't tell me anything I already didn't know (with that slight exception of a date relevant to timing of filing, the end resultant was the same though). I have a car and a bike, both in seriously negative equity positions, and that's it. I'm fairly certain I can accurately fill out all the forms and such, I've nothing to hide or manipulate, just facts and supporting documentation.

    I'm really tempted to go Pro Se on this... Thoughts? Thanks!

    #2
    I really believe that most of us here would be able to file pro se.
    With this forum and BK software and books, it can be done.

    I just don't have the time or energy to do it. I rather spend the time working making the money to pay the lawyer.

    BTW, what's with all the FL BK filers lately???

    I am probably going to have 5000 people at my 341!

    BTW, a lawyer is worth his weight in gold when a problem arises, and I am not fond of lawyers.

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      #3
      I was thinking about going Pro Se too. I lurked in this forum for a while and did my homework. I even got some software that guides you through the paperwork, but the advice from the forums said to get a couple of free consultations so I did. And boy am I glad I did. The lawyer that I met with does bankruptcies solely and knew the local judges and trustees and told me some things that were in the grey areas that really tick them off. Looking back at the paperwork that I had already filled out he spotted some things that would have caused me problems here that probably wouldn't have been a problem elsewhere. It's always best to have somebody around that knows the people who are going to be involved.
      First Meeting With Lawyer - 10/26/07

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        #4
        Welp the decision has been made for me. Through a stroke of luck, I found out I have a "legal services" benefit through my employer I'm paying for, and it covers the attorney fees for bankruptcy....

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          #5
          Originally posted by B12 View Post
          BTW, what's with all the FL BK filers lately???
          It is unbelievably expensive to live here and the pay is lousy.....atleast that is my experience.
          Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
          DISCHARGE 08/12/2008[X]
          Converted to NO Asset case 12/15/2008[X]
          Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

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            #6
            Originally posted by zwiepak View Post
            Welp the decision has been made for me. Through a stroke of luck, I found out I have a "legal services" benefit through my employer I'm paying for, and it covers the attorney fees for bankruptcy....
            That's great for you, but,...........

            I would suggest you Consult around with several other BK attnys. Make sure they offer free Consultations before scheduling.

            You can learn a lot from other attnys and you'll get a feel for if the attny your plan has on retainer knows his/her stuff or not.

            Plus,.......... Sometimes you can help yourself a lot by doing prep work your BK attny won't tell you to do. Like waiting a while to file if you've got a questionable transfer in your bank acct records. The 70/90 day rule on Cash Advances and CC charges. Various documents that many BK attnys don't require but can be handy if asked for. Those types of things.

            Our attny is well respected and has a good relationship with the Trustees. That was worth a lot. Don't get me wrong there.

            But there's lots of things we did to help ourselves that our attny didn't tell us to do. In addition, we kept our noses clean and walked the straight and narrow for months prior to filing.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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              #7
              Originally posted by SinkingFast View Post
              That's great for you, but,...........

              I would suggest you Consult around with several other BK attnys. Make sure they offer free Consultations before scheduling.

              You can learn a lot from other attnys and you'll get a feel for if the attny your plan has on retainer knows his/her stuff or not.

              Plus,.......... Sometimes you can help yourself a lot by doing prep work your BK attny won't tell you to do. Like waiting a while to file if you've got a questionable transfer in your bank acct records. The 70/90 day rule on Cash Advances and CC charges. Various documents that many BK attnys don't require but can be handy if asked for. Those types of things.

              Our attny is well respected and has a good relationship with the Trustees. That was worth a lot. Don't get me wrong there.

              But there's lots of things we did to help ourselves that our attny didn't tell us to do. In addition, we kept our noses clean and walked the straight and narrow for months prior to filing.
              This attorney will actually be the 4th. I'm pretty clean cut for BK, living paycheck to paycheck no advances or CC charges for months (actually, I think it's been over a year now, I really tried to avoid bk), hence, my original thought to go pro-se... We'll see what happens, imo, I'm really going to have to get a bad feel for this attorney to not use him for free, as long as he shows "marginal competence"...lololol I get a good feel for what they're like when I ask them highly technical questions, and see how they try to "steer" me...

              Comment

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