Questions for the people that filed Pro Se

[freshstart06]

I am confuse to what is the best to do. I know some of you guys will say use an lawyer but I don't have to money and we have four kids to take care of so any money I have left over to pay current bills will be used to take care of my kids. We have no assets and we are keeping our cars which are 1997 and we are almost paying them off.

Should I use a bankruptcy preparer, paralegal, or downloan a kit or just download the form off the state bankruptcy site??? My mom file years ago by herself so she is going to help us, we are pretty easy now that I pretty much have the means test down.

Which is the best route to take, bankruptcy preparer? paralegal? bankruptcy kit? or just download the form off the state's Bankruptcy site and use my prepaid lawyer for questions??? If you suggest bankruptcy preparer or kit can you refer a few to me???

My only concern is that when I was hired with a mortgage company they required the Branch managers to form a LLC because we have to pay for our own marketing and we can claim that through our LLC, my commission checks were in my name sometimes in my LLC. I do not want to involve my LLC because I did not even have to claim anything on my LLC last year because we converted to W2. My LLC is active but it has no income or bank account. I still have the marketing expenses but I have to take it as a lost against my pay for this reason you have to work hard to make more money then your expenses. I was negative this year. How do I do this without involving my LLC??? Other then this the rest appears to be simple.

Thanks so much you guys, I am in a slight rush because of the summons to answer we received in May, we did answer but I want to file before it goes anymore

[down @ out]

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You ask a very importent question. I filed pro-se under the old laws and everything worked out fine because I took the time to educate myself on the laws, visit 341 hearings and above all simply listen to what folks were saying and reading as much as possible on the whole process.

1. Attorneys: From what I have seen you have to be nuts to trust an attorney. The ones I observed at the 341 hearings were at best worthless and can do a lot of damage because most simply do not give a damn. They are there to make money and generally will not take the time or make the effort to do right by you. When I went to my 341 hearing I was better prepared than all of the folks represented by attorneys. In a few instances the trustee went absolutly nuts at attorneys for not doing their homework and was postponing hearings to give the attorneys additional time to do what should have been done previously. If you use an attorney educate yourself so you understand what he is saying and make the decisions that are best for you. A bankruptcy is probably one of the most importent things you will do in your life. Make damn sure it is done right.

2. Trustees: My trustee was a decent sort and I gave her everthiny she asked for before the hearing. I was completely honest with her and you could tell it made a difference. Don`t screw with trustees they can make life miserable for you and some are jerks, not doubt but a lot seem to be doing the right thing as best they can. I know my trustee said it was refreshing to do with someone that took the time to understand what was going on. I didn`t tell her but one of my main reasons in doing so was simply fear. A bankruptcy process is like going swiming with great white sharks, carry a big stick and trust no one.

3. Creditors: File honestly and if anyone files a claim fight to the death. Drag their worthless ass into a bankruptcy court and burn up as much of their cash as you can. This is where attorneys can do the most damage to you. Lets say a creditor says you shafted them and for only 4000.00 they will let it go. A lot of attorneys will simply cave in and have you through away good money. I had one credit card company that had a hissy fit and I told them to eat shit and die. Told them to lets get it on, that I welcomed the opportunity to duke it out and they backed down real quick. The bottem feeding trash.

Keep in mind none of us should be ashamed of this if we are not being dishonest. The whole process is a mess and you must understand it if you are going to get out alive.

One final thought, looking for ethics in the bankruptcy system is like trying to find a priest in a cat house. It ain`t going to happen.

Good luck and God bless

Down @ Out


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Good luck, Hope this helps,

Down & Out

[familyof7]

I got the forms from office depot and I believe nolo has the same thing it comes with a book to tell you what means what and it is only 20 to 50 dollars just be sure to take the course before filing list all of the creditors call the trustees office to find out if they require your income taxes from last year mine did she said to have it in no less than 1 week before the 341 hearing date and she actually required 2 years so I faxed it 1 week after I filed and also if you must re mail anything you have to fill out a certificate of service or certificate of mail form and file it also I learned that the hard way bring social security card and drivers lic. to the meeting and you should be okay unless there are some type of objections and also make sure to attend the financial management course after filing and file it also and if you nedd any more help ask it here you should be fine.

[freshstart06]

you guys are great and I appreciate the honesty. I think we will be okay, I have asked a lot of questions and I still will have more. Some guys on here has given my tough love and I need that, I need to know what to look out for, I am stressed out right not but I want to have everything in order when the time comes. I just have to figure out my living situation, rather to ask my landlord to continue my rent month to month or move....