Filing pro se

[cchick10]

My husband and I live in Colorado and are planning to file bankruptcy, primarily due to a predatory mortgage loan which caused us to lose our home. We filed pro se once before, but, of course, that was before the 2005 reforms. I'm good at understanding forms and have worked at a legal office as an office manager and aid to the attorneys and paralegals that work there.

My main question right now is should I go ahead and notify my creditors? My husband is just now starting a new job (he was previously self-employed as a cab driver, so all wages were paid in cash) and I'm worried about garnishment. We really do not have money to pay an attorney, especially since, having worked with them, I know that obtaining one does not necessarily guarantee nothing will go wrong.

My understanding is that once a creditor is notifed of intent to declare bankruptcy, all debt collection efforts must cease. Is this still true? If so, do I need to refer to that statute in my letter?

Thanks for your help!

[jktrading]

My husband and I live in Colorado and are planning to file bankruptcy, primarily due to a predatory mortgage loan which caused us to lose our home. We filed pro se once before, but, of course, that was before the 2005 reforms. I'm good at understanding forms and have worked at a legal office as an office manager and aid to the attorneys and paralegals that work there.

My main question right now is should I go ahead and notify my creditors? My husband is just now starting a new job (he was previously self-employed as a cab driver, so all wages were paid in cash) and I'm worried about garnishment. We really do not have money to pay an attorney, especially since, having worked with them, I know that obtaining one does not necessarily guarantee nothing will go wrong.

My understanding is that once a creditor is notifed of intent to declare bankruptcy, all debt collection efforts must cease. Is this still true? If so, do I need to refer to that statute in my letter?

Thanks for your help!

There's a temporary stay AFTER you file bankruptcy in which creditors must cease collection activity.

[dragonnfly]

I tried that when they were calling my houselike crazy. They would not cease until I had a case number that was the magic that made then stop. You can tell them of your intent, a few of mine would put a hold on calling for a few days when i knew the date we were going to file, but thats about it.

[FreshLikeADaisy]

Cchick, declaring your intent to file doesn't matter; you have to actually file.

To be honest, if you filed Ch7 pro se before and you're good at forms, you would not have a problem filing pro se now, unless there are complexities (liens, tax issues, assets you need to protect, high income, etc.) that would make it wiser to use an attorney. Many people here have filed pro se successfully under the new law, myself included, and it's not bad if you study and are informed prior to filing. Unfortunately, some people think it's just a matter of filling out forms, and then find out about the pitfalls AFTER filing. Don't do this! If you're going to go pro se, study, study, study. You're already a leg up, being a paralegal!

Definitely check out the Nolo Press book on Chapter 7; it will explain the current process and how to file pro se, and is also VERY clear on pointing out situations where you really do need an attorney. Good luck!!!

[lrprn]

We filed pro se once before, but, of course, that was before the 2005 reforms.

What year and month did you file Ch 7 before? Since you filed before 2005, you can't file another Ch 7 case until six years after your last successful Ch 7 was filed.

"Subsection (8) prohibits entry of a chapter 7 discharge in a case filed prior to 10/17/05 if you received a discharge in a chapter 7 or 11 case filed within six (6) years of the filing of the new case. For cases filed on or after 10/17/05 , the period between successive chapter 7 discharges is eight (8) years." (from http://www.orb.uscourts.gov/orb/Docu...4?OpenDocument )

My understanding is that once a creditor is notifed of intent to declare bankruptcy, all debt collection efforts must cease. Is this still true?

Intending to file bankruptcy has never has any clout with creditors and collectors and is not a part of the current debt collection laws. You must actually file bankruptcy and get a case number for the automatic stay to begin. Until then, your creditors and collectors can continue to contact you.