Has anyone filed on their own?

[hboyd4]

I am REALLY ready to file chap 7 but I am considering doing it on my own. I am a stay at home mom of 2 boys and I just moved back in with parents. I have about $12,000 in credit card debt and some unpaid utility bills. My case seems like it would be pretty simple... ok maybe not simple but probably the easiest type of case anyways. Also, I own a car. Can they take this away to put towards my debt?

I just wanted to see if anyone survived doing this whole process on their own. Thanks for any input!!

Heather

[blankslate]

hi Heather,

I just filed pro se today as well after only a week of looking through this forum and downloading the nolo ebook. You are allowed a vehicle under chapter 7 but I don't know what else happens if you are still paying it off. I think you have to reaffirm with your lender or surrender the vehicle. I hold the title to my car and it's not worth much more than the glue holding it together ;)

[mike9302]

I filed pro-se myself and had about the same situation as you did. I had a few mistakes on paperwork but nothing serious. I was just successfully discharged yesterday. I discharged around 20,000 in debt.

You just have to take your time at filling out the paperwork and double and triple check everything.

If you mess up on something the trustee will usually reset your 341 meeting (You dont have to attend) to give you a chance to correct the paperwork.

[hboyd4]

blankslate... I hold the title to my car as well and it sounds like mine is just about as nice as yours ;-) BUT it is what gets me around... LOL! I picked up the NOLO 2009 chap 7 book at my library. Is the nolo ebook the same thing or is this different?

[hboyd4]

mike... it sounds pretty simple to do. Well maybe not simple but not life threatening ;-) Every once in a while I read a post that says DO NOT FILE PRO SE no matter what and it makes me all worried again.

[d80indebt]

The paperwork is pretty straightforward if you have the Nolo book and these forums. It should be fairly simple, especially if you don't have any real estate (which it sounds like you don't). If you're really concerned, though, most attorneys do a free consultation.

Are you below the median income? Do you have any assets, besides your car that sounds like a twin of mine?

Good luck!

[blankslate]

I think filing pro se is not for the faint of heart. I just got an email from my Dad that he sent money to my brother for a bk attorney. Usually I get very upset when I hear of siblings asking him for money because my Dad is 93 years old and just watched his life savings take a complete dump. He's very healthy and active and could be around well into his 100's if he keeps this pace, I don't want him to have to worry about his finances. Anyway, this was one time that I didn't tell him not to help out because I don't think my brother could handle the paperwork on his own. Academically, he's very intelligent but he is not resourceful whatsoever. Filing pro se is for people who have the initiative to find answers like this forum and the nolo book without getting frustrated. Also for those who are willing to put a lot of work into it.

That said, I completely understand why those who can afford to, hire a lawyer. It would be nice if I could just hand all of it over to someone else and tell them to deal with it!

BTW, yes that is the same Nolo book that you picked up at the library. See, resourceful - you got it for FREE! I downloaded mine because I had one week to get everything done and to have the ebook on a flash drive to reference to was necessary.

As someone else mentioned, you do have chances to correct your paperwork. I was missing a couple of forms that were not included in the forms that my bk court website had for download. The clerk gave me a "Deficiency" with 15 days to produce the forms. She also apparently forgot to give me one that was very important for the initial processing and called me on my cell phone when she realized it. I was already on my way into work so the supervisor said I can drop it off in the morning on my way in and they emailed the form to me. My only rush was to get a case number so I can get an automatic stay to stop wage garnishments scheduled for this week's paycheck. Other than that I want to get the 341 done before February as I may have to move to another county then for a job and I want the WHOLE thing done before next September when my daughter turns 18. Sooner would be better, but I've been fighting debt for 15 years as a single Mom so a few more months won't kill me.

[d80indebt]

Filing pro se is for people who have the initiative to find answers like this forum and the nolo book without getting frustrated. Also for those who are willing to put a lot of work into it.

Yes! Yes! Yes! What she said!

[danaf]

Anyone can file a simple ch 7 pro se. It just takes time to learn and plan. BUT - given what you described, maybe you should wait because 12k is a small amount to file on when you think that bk is something you can only do once every 8 or 10 yrs (I forget which).

If you own your car outright - it depends on your state exemptions. If your exemptions don't cover it, then yes, the trustee could take it to pay off some of your debt.

Honestly, if you don't work - you are judgment proof and I'd hold off on filing.

[hboyd4]

Hi Dana! Thanks for your comment. What do you mean by I am "judgement proof"? I have always wondered why someone would let me file for bankruptcy... I'd think they would tell me to get a job!!! I just can't get a job that would pay me more than what daycare would cost. I am in school right now and should be done in a year and a half.

Thanks!

Anyone can file a simple ch 7 pro se. It just takes time to learn and plan. BUT - given what you described, maybe you should wait because 12k is a small amount to file on when you think that bk is something you can only do once every 8 or 10 yrs (I forget which).

If you own your car outright - it depends on your state exemptions. If your exemptions don't cover it, then yes, the trustee could take it to pay off some of your debt.

Honestly, if you don't work - you are judgment proof and I'd hold off on filing.

[hboyd4]

Blankslate... thanks for your comment. I feel that I am pretty resourceful. I have found many books, forums, and I have a family member that has went through this so have resources. I checked into legal aid and they are only taking people who's wages are being garnished and I don't work so that isn't for me. They referred me to this program where the courthouse has volunteer attorneys where you can sit down with them for 30 minute increments and ask away. I figured that would be a start and see what a professional has to say. Hopefully they are professionals :-/

[danaf]

You are judgment proof if you don't have a job where a creditor can get a judgment against you and attach to your paycheck. You are in school. Perfect! Wait until after school to file. And maybe if you pay for some of your tuition and books with cc's you can beat the system and bk it. Just kidding on that last comment. Student loans aren't dischargable and most peoples major headache after discharge. Seriously though - wait. 12k is too little to file on and lots can change in a yr and a half.

[hboyd4]

Dana, The cards that I have are maxed out and I can't pay them since I don't work. I had two babies in two years and that is why I don't work anymore. I used to work before I had them but now I wouldn't make enough to pay for childcare so I lived off of the cards for a year and a half and now the creditors are after me. I have no more credit to spend so it's not like I can wait til I have more debt. I go to school off of financial aid. Will financial aid effect my case at all. For example, I had problems with my fin aid and didn't get my reward until the semester was almost over. I was set up on a payment plan (that my parents paid) and then my financial aid finally came in which was a $500 check. I cashed it and gave it to my parents to pay them back. Will something like this cause problems with my case?

[blankslate]

If it came up to the trustee, you used the $500 to pay off a debt to your parents so I don't think that would be an issue.

How much longer do you have until you are finished with school?

I don't understand what is meant by "judgment proof" because I was in the same situation with being laid off and having no job and also had a judgment against me in small claims court. Maybe that they can't do anything to collect like garnish your wages because there are none? I would think you'd want to file right before you finish school and get back to work so you can start a new job without the weight of debt on you and having to go through how much you earn in your bk.

[bkchap7filer]

I wouldn't file with only 12k in credit card debt. Surely you can pay some over time to keep out of bk with for only 12k??? I wouldn't do it for that amount. I also wouldn't personally do it pro se, either. I know lots of folks have and I say more power to them, but I just wouldn't do it personally. I am in MO and bk attorneys are cheap here compared to other places. The attorney fee for my chapter 7 was $750 (plus court filing fees and counseling certificates), so the whole thing cost me just over $1200 total. The couseling and filing fees are set, so all my attorney cost extra was $750 (plus $75 fee for reaffirmation agreement), so $825 total. For that amount, I didn't think it was worth it to worry about the forms myself. Everyone has their opinion, though, and you need to do what feels right for you.