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    Filing Yourself

    I have already been through Chapter 13, and unfortunately it was dismissed beacause I could not keep up with my mortgage payments.

    I'm now in a situation where Chapter 7 would work for unsecured debt, and wanted to know if anyone has done this themselves, and if there is any danger in doing it yourself.

    I feel I've gained enough experience that I could do it, and want to avoid the $1,500 fee, but on the other hand, don't want to be penny wise and pound foolish, if filing myself could end up costing more in the long run because of mistakes I might make.

    Since I did not complete my chapter 13--it was dismissed after only two years--wouldn't it be reasonable that my attorney give me a little credit for not using them for the entire process?

    #2
    Originally posted by Ineedhelp2 View Post
    Since I did not complete my chapter 13--it was dismissed after only two years--wouldn't it be reasonable that my attorney give me a little credit for not using them for the entire process?
    If you manage to pull that one off, I want to shake your hand. It wasn't me, was it?

    A lot of people here have filed their bankruptcy cases pro se. I counsel against it in all but the simplest of cases.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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      #3
      I'm with MSbklawyer on this. I would also counsel someone to seek representation. As I don't know the specifics of your case (do you have assets you want to keep?), many pro se filers have been successful, and many have had issues.

      If your case is extremely simple (no asset) then I say go ahead. By no asset, I mean nothing. No car, no home, no 401K, no weird IRAs, no lawsuits pending, no insurance lawsuits pending, no inheritances, no cars owned outright, no weird land you own, no disputes with prior business partners, no business ownership as a partner, LLC, or corporation, blah blah blah.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Yeah, maybe I should pay the $1,500.

        I'm trying to time the filing so that as a self employed person, at the time I file my accounts receiveable are at their lowest, as I understand they get all the receivables, but meanwhile am concerned about money being garnished from my bank account.

        My attorney tells me I don't have to worry about that unless I've been served and there is a judgement against me.

        Is there any way I can find out if there are any outstanding judgements?

        He told me most people know if they've been sued and I think that makes sense, but I don't know what might have slipped through the cracks.

        Comment


          #5
          Originally posted by Ineedhelp2 View Post
          Yeah, maybe I should pay the $1,500.

          I'm trying to time the filing so that as a self employed person, at the time I file my accounts receiveable are at their lowest, as I understand they get all the receivables, but meanwhile am concerned about money being garnished from my bank account.

          My attorney tells me I don't have to worry about that unless I've been served and there is a judgement against me.

          Is there any way I can find out if there are any outstanding judgements?

          He told me most people know if they've been sued and I think that makes sense, but I don't know what might have slipped through the cracks.

          You could take out your own appendix too, that doesn't mean its recommended.

          Pull a credit report, the judgments should be on there.
          I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

          Comment

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