want to file pro se - but scared!

[monlyba]

everything I've read here and on other BK-related sites seems to indicate that I'm a good candidate for filing pro se. I have a pretty cut-and-dry case, I believe... I don't own a home, have only one vehicle that's not worth much at all, and only small amounts of money in retirement accounts, etc. the bulk of my debt is credit cards that haven't been active (or paid on) in about 5 yrs now, as well as medical bills incurred in the past couple years and some other misc debts (broken rental agreements, a car repo, etc). I did buy the Nolo book, but haven't had a chance to read it thoroughly yet. many websites caution that filing pro se is very risky and it's best to use an attorney. well... duh! but I'm having such a hard time saving up the money to pay for all the attorney's fees, and after all the reading I've done, I feel like it might not be necessary.

I just can't get up the guts to make the decision that I am definitely going to take that route. and, I'm not sure exactly how to start if I do file pro se. are there (reputable) computer programs to help me complete the paperwork properly? if you hire someone to help complete the paperwork (a paralegal?), how do you go about finding that sort of person, and how can they be trusted to do a good job and not get you into a bigger mess? I know nothing about legal jargon, and am scared of making things worse for myself... but also afraid I'll never save up the money to get this taken care of once and for all. we live paycheck to paycheck as it is, and I am just ready to start fresh and try to make a better life for my daughter and myself.

I guess I need advice as well as a pep talk (or perhaps a swift kick in the rear... )

[familyof7]

I dont know where to find a paralegal but others on here do. I am 23 yrs old have 5 kids (all by my husband) we have been Married 10 yrs (yes we started young) I went through 9 th grade I did go on to take the ged later but any way we filed pro se had at least 50,000 debt unsecured. We have 2 vehicles and a mortgage as well as the normal household stuff. We filed we were successfull in getting the filing fee waived at the court. We filed on 04/10/2007 341 was 5/21/07 last day for objections was 07/20/07 we were discharged and closed on 07/30/07. I made it through no attorney if I can I am sure you can. Word of advice if you want the filing fee waived you cant pay anyone to help you prepare the forms the way the courts see it is if you can pay for that they expect you to pay the filing fee as well.

[freshstart06]

FO7, everytime I try to get nervous about my filing I always think about you and how you did all by yourself. I used a paralegal. A lawyer told me herself anyone can do it, if you can read you can file by yourself especially if you have an open and shut case. If you don't have the money you just don't have it. I draw the line when it comes to "sacrifice" certain things just so I can pay a lawyer so he can take care of his family. My family comes first and I refuse to let my kids go hungry just so I can pay a lawyer that may or may not do a good job. However, if I had more to lose then I would consider it but that would mean I had more money or assets somewhere.

If you opt to go pro se, please learn all you can. Get the NOLO book. When you turn in your documents at the BK courts please make sure your social security number is marked off, you can leave the last four. Take the pre-bk test before filing. Ask a lot of questions on this board. Do not allow anyone to make you feel bad because you "had" to file pro se.

You can do it (smile) If you ever feel bad about not being able to hire a lawyer take the time to read some of the previous post (not all, because most people have success with lawyers) Some lawyers made their case worse and some people were in more debt then before. So it looks like either way you could be in the same boat.

[lrprn]

everything I've read here and on other BK-related sites seems to indicate that I'm a good candidate for filing pro se. I have a pretty cut-and-dry case, I believe...

If you are thinking about filing Ch 7 pro se, then go get these two books and read them cover to cover first:

How to File for Ch 7 Bankruptcy at http://www.nolo.com/product.cfm/Obje...51A79/213/161/ (Cost $25.49 plus S&H for print book or $22.49 downloadable e-book)

Personal Bankruptcy Simplified: File for Bankruptcy with the New 2005 Bankruptcy Act at http://www.amazon.com/Personal-Bankr...5980990&sr=1-2 (Cost $21.86 plus S&H)

This will be the best $50 you ever spent! Both books are written for non-lawyer folks like us - they show examples of completed forms so you understand how to fill them out and explain the law in non-legal terms so you can understand it.

After you read these two books, you will have a very good idea if you can file on your own or not. Both books are highly recommended!

[wrktwoliv]

Sign up for PACER to see how to file some forms.

The hardest thing you will have to do is filling out the exempt items form. IMHO. But once you've signed up for PACER look at someones and download it. What you are looking for is the state statute for claiming exemptions.

I think that is the hardest thing when filing on your own. You don't have a computer program filling it out for you.

[6ftladycop]

Re: Filing Pro Se....Moderator Info Helped Me a Lot

For all of those reading this, the moderator posted some information that I read then made the purchases along with another purchase of a book on my own called Bankruptcy for Dummies. Let me tell you, between those three books, I felt like a lawyer myself. I read those books from cover to cover. I checked each chapter and compared it to my paperwork. I made sure I dotted (I),s and crossed (T,s)...lol and I checked again. I called a friend of mine who is a lawyer(did not hire her cause I could not afford her)but she did without giving me advice, help me fill out the paperwork.

When something was questionable, she would tell me point blank (read over this part again). Each time she did that, I found where my mistake was and corrected it(thank god I only had three minor mistakes)......1. forgot to include my retirement information 2. forgot to bring my 2005 income tax forms and 3. credit counseling certificate. Once I had all three of those items after several trips to her office, I was ready.

I went to Office Depot and purchased 2 Five Star flexible notebooks. I also purchased 2 sets of those dividers with the tabs and labels. I made sure I had a location for all of my stuff from A to Z. Each section in my notebooks were labeled and were in date order from the time I either received paperwork or it was my own paperwork. I had each catagory covered from Official bankruptcy paperwork to income tax forms to credit card statements to credit reports. I had default letters, I had overdraft notices, I had pay stubs, I had 90 days of bank statements, I had everything right down to the 155.00 dollars a month my daughter gives me to purchase food for her children.

Once I was armed with all this information in catagories and chronoligical order, I went back to my lawyer friends office and she went over everything to make sure I had done it correctly. I was unable to waive the filing fee, but they did allow me to pay it in installments. I even had that paperwork. I had already finished the credit counseling course and received the certificate via e-mail. They did allow me to waive the counseling fee because my friend who referred me works for the legal aide office where I live and once the credit counseling people verified that I was referred by her, they waived the fee for both classes and certificates.

After I did all of this, I went to the bankruptcy court and filed the paperwork. The intake person at the court building even told me that I had everything he needed to put my case in the system and the only reason he checked is because he says that a lot of people come to the desk ready to file but are usually missing many parts of the paperworkI waited to receive the letter informing me about the 341 meeting and where to show up. I was told what to wear and what not to wear. I was told to go and sit in on other 341 meetings to get an idea of how they do things.


After that, I registered myself with Pacer.org. I love that place because it allows me to see my case and what is going on with it....yes, I know most of you here are already familiar with all of this legal mumbo jumbo, but me....filing pro se and never even hearing of any of these words until I trained myself with the procedure like I was going to college.....after that Pacer is a godsend.

Meeting is 8-28-07 at 1:30pm. So far, nothing has gone wrong. I received a Lease Assumption Aggreement for my leased vehicle through GMAC, but other than that.....things have gone well for my pro se filing. I was declared a no asset case as well and all my debt is basically consumer debt(thats what the courts call it)...you know...credit cards, loans, payday loans, medical bills, furniture bills, misc bills etc.

If there is something else to do, I can not think of it. Also, most of the pro se filers here on the site have been very helpful also. Read all the information you can, but to the person who is new at this....I am pretty sure you can do it. Think of it as a class you are taking in college and go from there. That is what I did from reading, studying, making notes and re-writing the notes, studying some more and asking questions, reading some more and all of that.

[Cassiopeia]

Wow 6ftladycop! What a job you did.......I am impressed! Congratulations, I hope everything continues to go well for you. You should be very proud!

[marzipan13]

I filed pro se. I did a lot of research online and with a couple books (bankruptcy for dummies, personal bankruptcy, and the NOLO book).
Try going to your local bk court website. Most have a pro se link that is helpful.
Before I started my paperwork, I downloaded a list of required documents that need to be submitted to the court (with petition, within 15 days of filing, etc.).
I also did my calculations of my income, expenses, assets, and debts - using an Excel spreadsheet.
Collect any documents that you may need to do your calculations (bank statements, paycheck stubs, invoices from creditors and regular bills, your 3 credit reports).
Be sure to verify that all your creditors' addresses are correct and set up your creditors matrix.
Once you have all those documents ready, you can start completing the paperwork... it took me a whole Sunday to do them all (and I still made mistakes!).
Don't forget to do the credit counseling session, there should be a link from your local bk court of approved companies to acquire your certificate.
Submit the bk forms to the court. If you are missing anything, they will send you a "deficiency notice" and a deadline to submit to the court, or they will tell you if something is missing when you file.

[CityGirl]

Ok, not to be judgemental but you got married at 13?? Am I reading that right?

I dont know where to find a paralegal but others on here do. I am 23 yrs old have 5 kids (all by my husband) we have been Married 10 yrs (yes we started young) I went through 9 th grade I did go on to take the ged later but any way we filed pro se had at least 50,000 debt unsecured. We have 2 vehicles and a mortgage as well as the normal household stuff. We filed we were successfull in getting the filing fee waived at the court. We filed on 04/10/2007 341 was 5/21/07 last day for objections was 07/20/07 we were discharged and closed on 07/30/07. I made it through no attorney if I can I am sure you can. Word of advice if you want the filing fee waived you cant pay anyone to help you prepare the forms the way the courts see it is if you can pay for that they expect you to pay the filing fee as well.

[CityGirl]

God that makes me nervous to file without an atty. Mine is cut and dry too, but no way. I will work 5 jobs, cut someone's lawn, mystery shop, sell my underwear...whatever it takes to pay that atty. It's too risky in my eyes. I'd be a nervous wreck!!!

I filed pro se. I did a lot of research online and with a couple books (bankruptcy for dummies, personal bankruptcy, and the NOLO book).
Try going to your local bk court website. Most have a pro se link that is helpful.
Before I started my paperwork, I downloaded a list of required documents that need to be submitted to the court (with petition, within 15 days of filing, etc.).
I also did my calculations of my income, expenses, assets, and debts - using an Excel spreadsheet.
Collect any documents that you may need to do your calculations (bank statements, paycheck stubs, invoices from creditors and regular bills, your 3 credit reports).
Be sure to verify that all your creditors' addresses are correct and set up your creditors matrix.
Once you have all those documents ready, you can start completing the paperwork... it took me a whole Sunday to do them all (and I still made mistakes!).
Don't forget to do the credit counseling session, there should be a link from your local bk court of approved companies to acquire your certificate.
Submit the bk forms to the court. If you are missing anything, they will send you a "deficiency notice" and a deadline to submit to the court, or they will tell you if something is missing when you file.

[familyof7]

Ok, not to be judgemental but you got married at 13?? Am I reading that right?

14 I am almost 24 we are both very young but on our own the entire time

[6ftladycop]

For a person who got married young, besides BK..o.k.

Ok, not to be judgemental but you got married at 13?? Am I reading that right?

I see you got married young, but if bankruptcy is all you had to end up doing and based on all you have done with your husband already....well good for you

[6ftladycop]

Thanks a lot........

Wow 6ftladycop! What a job you did.......I am impressed! Congratulations, I hope everything continues to go well for you. You should be very proud!

Thanks...I really have been trying, but I know how a lot of folks on this post feel. I was so nervous until I started reading some of the stuff here on this site and when I actually sat down and started reading the material you guys said to buy and download, man talk about education....well I sure got one and hopefully if all goes well at the 341 meeting and its all over in a few months, I will be able to help someone on this site like you guys helped me.
Thanks

[familyof7]

I see you got married young, but if bankruptcy is all you had to end up doing and based on all you have done with your husband already....well good for you

Thank you! Yeah we have been without the support of any parents or friends no one helped us. We have 5 kids &2 of our kids with disabilities and I myself have had health issues I have lupus and we lost a child my youngest was atwin but his twin passed. We live by faith GOD has been the ONLY reason we are who we are what we are and where we are we had some lessons to learn and that we have done time to start a new chapter in life , more life to live more lessons to learn. I read you have 2 grandchildren with autisum one of my kids are autistic among other things. umdf.org is a website that can tell more of my kids problems i have to say that to put awareness out. God Bless you for your kind words because alot of people are very quick to judge me and it is nice when some one does not. And may god bless you for helping your daughter with those kids because I know what it is like not to have that suppport and I would not wish that on no body.

[monlyba]

thanks SOOOOO much for the advice and info, everyone! I do have the Nolo book, and started reading it several months ago but got sidetracked and never finished... I need to get it back out. I did buy it updated after 10/05, so I should be fine, right? I mean I shouldn't need a newer version just yet, should I? I think I bought it in mid/late '06 and it was the most current version at the time. I need to just DO IT and stop talking about it. I think this site is going to be super helpful and supportive - I'm so glad I ran across it!