Do it myself?

[tjent6]

After reading on the Nevada state bankruptcy website and cosulting with a few lawyers it looks like I may be able to file chpt 13 myself. Of course I will need help with document preparation.

My home is in foreclosure and I really can't afford to pay the $1000 plus retainer fees when the filing fees are only $274.

Please let me know if there are more fees I am missing and if anyone has any experience with a DIY Bankruptcy.

Jason

[lrprn]

After reading on the Nevada state bankruptcy website and cosulting with a few lawyers it looks like I may be able to file chpt 13 myself. Of course I will need help with document preparation.

You are going to need a lot more help to file Ch 13 without a lawyer than help filling out your forms.

No-asset Ch 7 filers can and do file pro se (without a lawyer) successfully. Ch 13 is a completely different story. Over 80% of those who try to file Ch 13 pro se have their cases dismissed by the court. Some actually lose assets to the trustee because of misunderstanding how Ch 13 works, especially under the current bk law.

Ch 13 is very complicated with many differences in how the law is interpreted from state to state, bk district to bk district, and even trustee to trustee in the same district. Having a lawyer who knows the ins and outs of what works and what doesn't in your local court is crucial to ensure you can survive for five years in Ch 13.

Stop paying your non-secured loans and credit cards, then use that money to pay for an experienced Ch 13 lawyer instead. Ch 13 is *NOT* a do-it-yourself project.

[6ftladycop]

Chapter 7 or Chapter 13 Pro Se Filers Do it Yourself

I normally would not respond this way, but if I were you Tjent6, I would keep reading on this website. I remember when I first started this 7 months ago, I was so scared because even though a lot of people said to stop making payments and use the money to pay a lawyer, what they did not understand was that I had done that a while ago and still did not have any money...with rent, car note and food and regular utilities, my paycheck was barely enough to pay those things let alone a lawyer. After reading most of what they said here which by the way was very good advice, I finally decided to file pro se anyway even though most of them told me the same thing they told you about it being complicated and all that and you could mess up and you could get your case dismissed by the courts and all of that.

They are correct, you could end up that way and then again, not necessarily. Remember there are people who posted here that said their lawyers messed up their cases as well. Its a crap shoot really, but good research, good note taking, good examination of similar cases and good networking here and other places will help you through. Eventually you will come across another person on here as I did who filed and was in the same boat as you. Keep reading. I,m sure there is someone here just like you.

[alwaysmordrbils]

I have to agree with 6ftlady cop. I've had the unforetunate opportunity to file for myself twice due to extremely high medical bills. The first time was a chapter 7, and the second time was a chapter 13. While I did end up with an attorney for part of my chapter 13, I hired the attorney after all of the paperwork was filled out and filed. I hired him mainly because of an obnoxious creditor (Sprint!). In hindsight, that was a waste of my $$, as all he did was make a phone call to sprint.
Do your homework, download the forms from the courts website, and fill out what you can easily fill out now. If you run into problems, I've read about others using those free consultations to get their questions answered.
The folks here seem to be pretty knowledgable about the BK rules... You'll get a lot of good advice either way you decide to go.
Good luck to you!

[tjent6]

Like you I am tapped out every month and I have not paid a single bill in at least 6 months. One of my worries is the timing of the repo of my truck. I am calling the bank tomorrow to notify them of my intentions. i am also worried about my sears card. Can they try to repo my refriderator?

I have consulted with a paralegal that, so far, seems to have a good idea what she is talking about. She will be able to help me out with all the forms and doc prep and when I consult with her this week I hope to get a better feel for her experience.

What kind of direction or assistance can I expect from the trustee?

[nazstar]

I also felt I was competent enough to try this on my own. No comment on your abilities...just here's my story.

I blanched when I saw a lawyer fee of $2000 plus related fees of $626. HOWEVER, the lawyer was able to advise us of ways to keep our cars, protect 6 months of wages, and avoid chapter 13 and file for 7. By dropping down to one income, we are able to avoid 60 months of payments to creditors, get a fresh start within a year and I am now able to stay home with my daughter and the new baby when s/he arrives in June. Yes, one income will be hard, but when he ran the numbers, we are living on the SAME amount we would have to if we filed for 13 AND my children are at homw with me instead of daycare. This is just our story and may not apply to you, but there were alot of things that the lawyer was able to help us with. If I did it my way, we'd be paying back over $400,000 over 5 years. $2700 is nothing compared to that!