Anyone do Ch. 7 without an atty??

[iwillriseabove]

My husband and I filed Ch. 13 last year. I am asking for a relative of mine. She and her husband have just been hit with VERY hard times. He co-owned a business for several years and after leaving the business, long story short, he is being sued and it is looking as if he will be going "away" for several months. They have moved in with family members, but their income has gone from 200k+ per year to probably 40k at most. They were able to sell their home before leaving the business, but they have expensive car payments, a child in college and one in high school. Both have jobs right now, but like I said, one job is about to be gone for a number of months. They are behind on their car payments and know that they are going to have to let his go, but they desperately need to file ch. 7. The problem is, they don't have the money to hire an attorney for this. Any advice? Has anyone here done a ch. 7 themselves successfully? Thanks!

[Flamingo]

We too had a large income loss (over 70% of our income) that eventually forced us to file and we too had no way to initially pay the requested portion of the attorney's fees and filing fees to retain our attorney. We had friends and family come to our rescue and when our financial situation was better, all got paid back. If your relatives' situation involves being sued, a business and other complications, it would be worth their while to get an attorney due to all the details that will be involved.

[liz417]

The situation sounds complicated. I don't think I would "attempt it" alone...

[sick of debt]

I think it is worth every penny to hire a lawyer.

[JRScott]

You might look to see if any lawyers do pro bono work in their area. If so that is the lawyer you need to have them go see. Legal Aide might can refer you to someone.

Southernbelle who frequents the boards has done a pro se business chapter 7. Maybe she'll be along to give some advice.

[iwillriseabove]

More info...

It will not be a business chapter 7. The lawsuit and all that is COMPLETELY separate. They have an attorney for all that stuff. In fact, due to all of this, her husband isn't able to file. However, she needs to file on her own. Nothing but personal debt will be included.

[rfassett]

Her filing alone is never her just filing alone. The trustee will consider all household income and that could bring into play alot of his baggage. I filed pro se and had my own set of issues that I was able to resovle to the U S Trustee's satisfaction, but I see too many potential stumbling blocks in the present case. I concur with the others. She needs an attorney.

[AngelinaCat]

We started our Ch7 with an attorney, but for those following our threads (AngelinaCat and AngelinaCatHub) know that by and by we will be on our own. Though it does sound like a complicated case.

However, have the family member that is going to file, go to nolopress.com and purchase their book on filing for Ch7. They sell both the print and online versions for about half the price of what it costs in your local bookstore. It is well worth the money, and she should read this book. She will get a good understanding of what the process is, and what it entails. That and reading through this forum on the Ch7 thread will give her a good understanding of what to look for in an attorney, should she decide to go that route.

*Note* on nolopress: they offer 'freebies' with every purchase. Always take the 'freebies.'

Good luck to your relative.

[Flamingo]

Your relative can also investigate her situation by making an appointment with a BK attorney. Most give free initial consultations. She can always go to more than one attorney for a consultation. Look in the phone book and find one in your area that gives free consultations and have her take a listing of all monthly payments, bills, paystubs and other sources of income (hubby's included), listing of all assets and the most recent federal and state tax returns. She will get a wealth of knowledge from the visit and be better informed as to what she can and cannot do. She can probably figure out from there how complicated the situation might be especially as to her husband.