Filing a Chapter 7 with only a paralegal

[samson420]

It is getting close to time to get my girl friend to file for her Chapter 7. She should be ready, her income is super low and past due debt is very high.

I did my CH7 just fine, but mine was very complex and involved about 10x more money owed then hers.


I have a real good paralegal to prepare the paper work, and she will pass a means test.

How does this look without a attorney?

Everyone at my hearing had one by their side, yet they did nothing. There was one person there without one, but they sent her off because she did not have all of her info with her.




Any thoughts? If it makes a difference, we are in AZ. . . .



I am sorry, I just noticed there is a another category just for these threads. Can a mod move this? Thank u

[nomoneyhoney]

It is getting close to time to get my girl friend to file for her Chapter 7. She should be ready, her income is super low and past due debt is very high.

I did my CH7 just fine, but mine was very complex and involved about 10x more money owed then hers.


I have a real good paralegal to prepare the paper work, and she will pass a means test.

How does this look without a attorney?

Everyone at my hearing had one by their side, yet they did nothing. There was one person there without one, but they sent her off because she did not have all of her info with her.




Any thoughts? If it makes a difference, we are in AZ. . . .



I am sorry, I just noticed there is a another category just for these threads. Can a mod move this? Thank u

Paralegals can help her prepare the paperwork but cannot represent her in court. And the attorneys at 341 cannot speak for her. If any of her creditors shows up and have objectionable questions then the attorney will speak up for her. Other than that, the debtor has to answer the questions asked by the trustee. If there are any missing paperwork or discrepancies, the lawyer will then talk to the trustee to correct any mistakes or how to rectify the situation.
I filed pro se (no attorney) and the trustee claimed he didn't receive any of our paperwork. I was prepared and brought all the copies of the documents I sent him and additional documents such as current paystubs, we proceeded with the meeting and everything was fine.

Few attorneys at my 341 meeting were under prepared and had their case continued. If her Chapter 7 is complicated and she has assets to protect then you should consider hiring an attorney.

[samson420]

Thank you for the reply. . . She has nothing at all, about 30k in unsecured debt and a half of a townhouse we own out right, that is in both of our names(which is fully paid for).

Should be simple, right?

The property should not cause any issues, it's only worth about 25k total.

[nomoneyhoney]

Thank you for the reply. . . She has nothing at all, about 30k in unsecured debt and a half of a townhouse we own out right, that is in both of our names(which is fully paid for).

Should be simple, right?

The property should not cause any issues, it's only worth about 25k total.

You should look at property exemptions in your state to see how much you're allowed to exempt since you have equity.

[samson420]

Thanks again for the reply, I just did. They are set at a 150,000 for your homestead threshold. So, we should be good.

AZ-Exemptions


Also, what will the BK court require to show value of the property? We just bought it for 25k and it's worth about 25k, nothing close to the exemption maximum.

It's tough sometimes to think of all of the BK stuff one step ahead.

[nomoneyhoney]

At my meeting, the trustee ask one of the debtors how they came up with the value of their home. i think they got their home appraised.
There are a few sites online that can help you determine the market value of your home. I'm not sure if your trustee will accept it so you might need to ask to see if they will accept it as your valuation for your property.

These websites can give you a good idea of your home's worth.
zillow, Yahoo Real Estate, Domania, just to name a few.

[samson420]

I am not sweating the value of the townhouse any longer. It is worth maybe a maximum of 35k(that's even over the top). And the state allows a 150k, it should be good.

[Flamingo]

I am not sweating the value of the townhouse any longer. It is worth maybe a maximum of 35k(that's even over the top). And the state allows a 150k, it should be good.

Realize that documentation will be needed to back up your estimate. Unless you have a recent appraisal, you may need to get one. Also, I myself am a paralegal but not in the BK area. We work under attorneys but cannot act as an attorney nor give legal advice. We can fill out documents from the information you give us but our final work is reviewed by an attorney. You risk non-representation when you file pro se and many posters on here who have attempted it can tell you that but there are also many who have not had very complicated filings get through fine; it's a lot of work and time and filing either Chapter of BK pro se is never "simple". Best of luck to you.