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Filing chapter 7 pro se-please help

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    Filing chapter 7 pro se-please help

    Hi everyone, I accidently found this site about a week ago and have spent many many hours researching subjects related to chapter 7. Since I've never joined a forum before, I was really hesitant, but everyone seems so friendly and helpful I decided to go for it!

    I'm going to have to file for chapter 7 pro se because there is no way I can afford an attorney. I am totally alone and have no family that I talk to except a very sick aunt in florida (I live in PA) and only a couple of friends who know absolutely nothing about the law or bankruptcy--I AM GOING ABSOLUTELY CRAZY!!! trying to figure this out on my own. All I do is go to work and come home every night and spend all night (every minute researching chapter 7 bankruptcy because I'm so afraid I'm going to screw it up and end up with no car and therefore no way to get to work which would lead to me being homeless!!! What I'm trying to say is any help what-so-ever would be greatly (beyond words) appreciated!

    I've found a lot of great info. on this site, but there are a few things I'm worried about and am not sure about.

    I was going to list all my questions, but I think I'll just do one at a time!


    #1 In my district, the bankruptcy papers have to be filed electronically. I have no clue on exactly how to do this and have not been able to find out anything. I've found the forms that need to be filled out but not how to file. I've called the clerk's office and they are no help!

    Any info on this would be great!!!

    Thanks,
    Sheila

    #2
    Hi Sheila - welcome to BK Forum. Glad you decided to start posting!

    Originally posted by angelmomsheila View Post
    #1 In my district, the bankruptcy papers have to be filed electronically. I have no clue on exactly how to do this and have not been able to find out anything. I've found the forms that need to be filled out but not how to file. I've called the clerk's office and they are no help!
    Some states require lawyers to file their clients' bankruptcies electronically but don't require pro se (without a lawyer) filers to do so. (New Jersey is one of those states.) Did you call the bankruptcy court's clerk? Most of them are pretty understanding about pro se filer questions.

    Even though you are thinking about filing pro se, it's still a good idea to meet with several bankruptcy lawyers in your area. Most provide free initial consultations. You can lay out your financial details to see if there are any potential problem areas. Along the way you can casually ask what filers that file without a lawyer do about filing electronically in PA (although it's possible the lawyers may not know). It's worth a try.
    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!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I believe you have to go to pacer and file. If not you could spend about 150 to pay a preperation service and they could submit it for you.
      Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

      Comment


        #4
        You probably can't file electronically unless you find a "Preparer" who would do that for you. Attnys file electronically using special BK Software. Many use Best Case Solutions.

        IvoryAngel found a trial download you can use to prep your forms:

        http://www.bkforum.com/showthread.ph...t=bestcase.com

        The clerk you spoke with,......... Did you call the County Court House or the Clerk of the Court's office for your BK filing District?? If you just called the County Court House that's probably why you didn't get any help. Generally, the Clerk of the Court's Office is very helpful.

        Eastern District Clerk's Offices:

        http://www.paeb.uscourts.gov/pages/c...ffice_info.htm

        Western District Clerk's Office:

        http://www.pawb.uscourts.gov/clerk.htm

        Middle District's Help Desk Contacts:

        http://www.pamb.uscourts.gov/helpdesk.htm

        Also, you can access the various Forms online at the DOJ website:

        http://www.usdoj.gov/ust/eo/bapcpa/defs/index.htm
        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...

        Comment


          #5
          Hi! I filed Pro Se in Michigan. If you go to the court's website there should be a local rules page somewhere. That will tell you what to do if you are pro se as well as any additional forms you might need. I also highly recommend the Nolo book - it was very valuable to me. I used a program called Bankrupter (from Blumberg.com) for my paperwork. It has the power to file electronically but in my district you have to be an attorney to do that so I had to print out my forms.
          Good Luck!!!
          Filed Chapter 7 pro se- 7/24/07
          341 Meeting - 9/13/07 Done!
          Last day for objections - 11/12/07
          Discharged!!!! -11/26/07

          Comment


            #6
            Thank you

            Thanks for the info. I tried calling the clerk's office again and apparently didn't call the right place to begin with! They were very helpful and told me I don't have to file electronically since I'm going to file pro se. Thank God!

            Another thing I've been really worried about is the fact that, in an effort to try to avoid bankruptcy and to keep my credit score high, for the past year I've been using my credit cards to pay for everything (and I do mean everything!) in order to continue making my credit card payments on time. I did this thinking that I'd find a much better job and would be able to make my credit card payments without using them anymore. I never did find a better job and it totally got out of control. I'm really worried they are going to look at what I used my credit cards for and consider it fraud. I was also unemployed for about 6 months and continued to use the cards because, like I mentioned I thought I'd find a really good job) didn't want to get behind on any of my bills. I have read in many places that doing that is considered possible fraud to use your cards while unemployed. I can't prove my intention was to get a better job and not claim bankruptcy! I did find a job but, it pays less than my previous job! I know that I have to wait at least 90 days since using my last card (which will be Aug. 22) but if a creditor objects and they look into it, I'm really afraid of what will happen. Is there anyone else who did this? I realize no one can tell me for sure what will happen in my case, but if I hear from others in similar situations who have or haven't gotten into trouble, it may help!

            In the past year I haven't used my cards for anything really extravagant like a vacation. I did buy an entertainment center for about 80.00 and small things that would probably be considered luxary items like hair and nail excessories and starbucks coffee, but I did it every month believing I'd really be able to turn things around.

            Any advise/input would really be great!
            Thank you again!!!

            Comment


              #7
              usa bankruptcy associates

              I am using usa bk assc. to prepare my forms and also got the nolo ebook. Has anyone on here used usa bk to prepare their paper work? It's an online full-service company and cost $185.00. I haven't seem the forms from them yet because I haven't finished entering all the info. yet. When I get the forms, I intend on comparing them to the forms in the Nolo book and hopefully they will be the same! Unfortunately, I didn't find out about the Nolo book until after I had already ordered the usa bk program.

              Comment


                #8
                Originally posted by angelmomsheila View Post
                for the past year I've been using my credit cards to pay for everything ... I'm really worried they are going to look at what I used my credit cards for and consider it fraud.
                What you did here is very common before filing, Sheila. Your trustee will care about why you used your credit cards ONLY if you used them to make luxury purchases after you knew you were going to file - that's fraud! As long as the charges were for typical living expenses and you stop making all charges at least 90 days before you file, don't worry yourself about this.

                ...but if a creditor objects and they look into it, I'm really afraid of what will happen. Is there anyone else who did this?
                Although our debt seems overwhelming to us, to our creditors our measly thousands are drops in the financial ocean. No creditor is going to object unless they have real proof you intended to defraud them, and that's not that easy to prove.

                Again, try hard not to worry too much over these less-than 1% chance "maybe's". Everything you described doing is very common before filing bankruptcy. I'll bet 90% of us here in the forums did the exact same thing you did for the very same reasons. Nothing to stress over - bankruptcy trustees see this very same story day in and day out.
                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!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  I think you should be fine with the purchases. From what I've read, they mostly care about big cash advances or huge purchases made within 90 days. I also think it doesn't matter about you using the cards when you were unemployed. That happens to LOTS of people. I know it happened to me and I had the same expectations about getting a better job and being able to catch it all up again.
                  Filed Chapter 7 pro se- 7/24/07
                  341 Meeting - 9/13/07 Done!
                  Last day for objections - 11/12/07
                  Discharged!!!! -11/26/07

                  Comment


                    #10
                    I bought the Socrates Bankruptcy Kit and I am willing to share if someone else needs it.

                    I bought it because I thought I could type in the information then print....UHHHH yeh right.....I have to print and hand write the information but O' Well!

                    Ne ways the book that comes with it tells you what you are expected to write in each individual line. Its pretty good for us PROSEFilers I have found most of my help and assistance

                    From these fine folks on this board
                    The Best Case Download~ especially helpful with the means test
                    & my Socrates Kit

                    Best Wishes to You!

                    ~You should always check the source otherwise its just a Tabloid"~Tahnya

                    Comment


                      #11
                      That is what I used it was very helpful.
                      Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

                      Comment

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