Should he file chapter 7 on his own???

[hboyd4]

My boyfriend and I are both filing very soon. I as a no asset chapter 7 and a very simple, no details type of case. I am not concerned whatsoever about filing on my own for my case.

My boyfriend has a a dirt bike and a truck which are collateral for loans. He doesn't care if he loses these in the bankruptcy... it would actually be a good thing. Is the paperwork and case info going to be pretty similar to what my case will be like since he is not worried about losing his things? I would understand if he was trying to keep his truck then he might need some help with the process and an attorney would be a great help I am sure. We just can't afford the attorney's fees and my state isn't accepting any applications for legal aid right now so is it safe to say to attempt his pro se as well?

We are totally stuck and don't quite know where to start with this whole process. Thanks for any help!

[TEW]

Does the bike and the truck have loans and are they current if they do?
It is very hard for an unmarried couple to file jointly that was discussed in a thread not to long ago here.
Do you have joint debt?

[hboyd4]

We are not filing jointly. We do not have joint debt so we are each doing our own thing. Both the truck and the bike have loans on them. I am just wondering if his case would be difficult to do on his own since it would take 17 years to save up to file :-/

[TEW]

We are not filing jointly. We do not have joint debt so we are each doing our own thing. Both the truck and the bike have loans on them. I am just wondering if his case would be difficult to do on his own since it would take I am not sure what that means17 years to save up to file :-/

is there something difficult about his case?

[StartingOver08]

So far his case sounds as simple as yours. He is going to surrender his truck and his bike, right? There is a place right in the petition to surrender the vehicles/secured property. You got a copy of the NOLO book right, to help you with the schedules?

[hboyd4]

is there something difficult about his case?

To me, there isn't anything difficult about his case. But I have never filed for bankruptcy so I am not sure if his situation will be difficult. I explained his situation in the thread so I would just like some guidance to see if he can attempt the filing on his own.

And I meant that it would take 17 years to save up for attorney fees if it wasn't possible for him to do it on his own.

[hboyd4]

So far his case sounds as simple as yours. He is going to surrender his truck and his bike, right? There is a place right in the petition to surrender the vehicles/secured property. You got a copy of the NOLO book right, to help you with the schedules?

Thanks for your reply. His is willing to surrender his bike and truck. Let's just say that he wants to keep his truck (I highly doubt this will happen) will they just make him pay on the loan that the truck is on or are there situations where he keeps the truck and they wipe out the debt?

I do have a copy of the NOLO book... I have read a good chunk of it. I didn't read much about the schedules yet so I will have to dig into that.

[TEW]

Thanks for your reply. His is willing to surrender his bike and truck. Let's just say that he wants to keep his truck (I highly doubt this will happen) will they just make him pay on the loan that the truck is on or are there situations where he keeps the truck and they wipe out the debt?

I do have a copy of the NOLO book... I have read a good chunk of it. I didn't read much about the schedules yet so I will have to dig into that.

No if he wants to keep the truck he keeps paying for it. He can keep paying and see how it goes after all his debt is wiped out then give it up latter with no penalty. He can stop paying all of his debt now if you are sure he is going to file.

[hboyd4]

No if he wants to keep the truck he keeps paying for it. He can keep paying and see how it goes after all his debt is wiped out then give it up latter with no penalty. He can stop paying all of his debt now if you are sure he is going to file.

TEW... what if he stops paying on his debt, files, and is denied... then he will be really messed up on payments. He is borrowing to make payments but there is this thought that he won't qualify.