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Just not sure which direction to go

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    Just not sure which direction to go

    Hi,

    I'm new here, though I've been lurking for a while.

    It's really come to the point of where I need to file for Chapter 7. I contacted the legal plan I pay for about a month ago.... Four weeks later and they came up with an attorney that has nothing but bad reviews, and quite honestly I'm scared to utilize this attorney service. The other attorneys in this area want 1800, and I am literally at a point of where I can't pay this.

    I thought about using the legal aid, but I was told that they will not prepare your paperwork. They will give you blank paperwork and you have to prepare it yourself and they will review it. The thing is, I don't feel I would be able to prepare this. I don't have a clue, and then I worry what would I do if I have adverse proceedings?

    At this point, I'm just not sure what direction to go. It would be nice if I could find an attorney to pay to prepare my filing paperwork and I wouldn't be afraid to go at it after that point. When I search this though, it doesn't look like there are a lot of attorneys who would do this.

    Any advice or tips? Chapter 13 isn't an option, as I don't have any assets that can't be made exempt.

    #2
    I'll start at the bottom first. Chapter 13 "is" an option. What determines whether you'll be in a (voluntary) Chapter 13 is whether you can provide a "some" distribution to the unsecured creditors. It is based on so-called allowed expenses and not what we wish we had in our budget category (the IRS collection standards).

    Shop around for attorneys. If your case is simple you may be able to do this for less than $1,800. If it's super simple then you could do it yourself, but you don't appear to be comfortable. You noted that Legal Aid will review the paperwork if you were to file on your own.

    Have you already stopped paying your credit cards? That could help with the money necessary to file.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      With some legal plans, you also get some benefit for using an out of network attorney. Check into that if you don't go the self-filing route.

      Also make sure to plan for how much you will need either way. In my case, the network paid $1,080 or something like that. My attorney asked for more money on top of that, plus there were court fees that were also not paid for by the plan.

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        #4
        How bad were the reviews? I only say as my bk was so simple (it seemed) no crazy issues. I talked to the attorney once and the office staff did everything. Seems if a basic bankruptcy how bad could any lawyer be. Just my opinion my lawyer wasn't involved much at all....

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