with all the discharge threads...

[adkid22]

I am going to make one about filing. Did some background checking over the past few months and decided to move forward on filing chapt 7

I meet with an atty this saturday. I dont really have money for an attorney unless he overs a payment plan but it doesn't hurt to consult.

I bought the NOLO book in case I have to file pro se, which I hope I don't.

Hopefully this will be a good first step

[daylate]

The Nolo book and this forum are a great place to start. Some attorneys offer payment plans but they have to be paid in full before you file. But if you are going to file and stop paying your debt, then you should hopefully be able to find some money to pay your attorney. Good luck.

[AngelinaCat]

Yes, you have made a very good first step. Even is you do hire an attorney, having that book on hand as a reference tool is very useful.

Good luck to you!

[adkid22]

well I met with an attorney this weekend. It was a pretty generic consultation. He told me it would be a non asset case and I'd be discharging about 20k. The biggest part is it would stop my garnishment.

The downside is it's 1500 dollars (which I think is reasonable, maybe?) and he wouldnt file until after I paid. He offered 6 month payment plan with 300 down.

I have no family to borrow money from. My options are to 1) eat ramen for the next 6 months and get him paid off to file or 2) go pro se and file immediately.

Right now, my income only leaves me approx 125 bucks a month extra after general living expenses (nothing outrageous).

What would you guys suggest?

[sunshinepa]

I would suggest going for it. I just completed my 341 and feel such relief. Yes, 1500 is hard to find but I did it. Made a down payment and then paid the remaining a month later. To do that, I had to eat mac and cheese, not drive my car and etc as I get paid monthly. If you are paying credit cards, stop and use that money to pay for the lawyer. If not, pay as much as possible each month, doubt you would get sued in 6 mos unless you have a Citi account, they are the worst. I had to file to stop their lawsuit but in the end, eating mac and cheese saved me the hassle of responding to the lawsuit

Whatever you decide, good luck!

[adkid22]

well i dont have any credit cards/debt that I am currently paying on that would help. The thing that sucks is that the amount I am getting garnished over the next 6 month would pay for my lawyer.

[disconapper]

I was in a similar situation.

I've had a garnishment in effect since September for back tax debt. I debated filing back and forth and back and forth. Until I was sued. I was served on a Saturday and put an Attorney retainer on Monday. My attorney, like others have said, accepted installments (my total cost was $1100).

I paid the attorney in 3 weeks, NOTHING else was paid in the interim...meaning car, phone etc. I went nowhere for three weeks other than work, I bought nothing extra.

The extra sacrifice is so worth the relief of having actually filed. Now I am protected by the courts, it's a great thing.

Your garnishment will not immediately go away. The company with the lien against your wages has to remove it, which they should do immediately after receiving the notice that you have filed. I'm learning this the hard way right now. My garnishment is with Maryland for back tax debt and it's been a pain trying to get them to stop taking 25% of my net pay. But there's starting to look like there's a light at the end of the tunnel.

My advice...like most others....file asap.

[DAE]

Just a note, many attorney won't take your case if you file then come to them. So if you head into this thinking you might read the NOLO book, figure our how to file a barebones petition, file it, then seek help from an attorney to smooth the rough edges on the other schedules ... you will limit the pool of attorneys willing to help.

On the other hand, if you have a simple case (i.e. no assets and no strange quirky elements like liens on exempt property), you might seriously consider filing pro se. Many people do it.

And perhaps even better you can go to an Ohio legal aid clinic and, depending on your income, they may represent you for free, i.e. pro bono. Some of the best bankruptcy attorneys I've seen in action here in Maryland are pro bono attorneys from Maryland's Legal Aid Bureau.

[adkid22]

Thanks for the information guys. I believe I have a fairly set case. I have no IRA, liens, dependents, or really anything of value. Basically my whole life can fit inside of a mid 90s honda accord (sad, I know). I will look up legal aid, but I am filing in PA, but will be using Ohios exemption since I moved here recently ~6 months.

I wouldn't do that with an attorney, if I was going to file pro se, I'd actually see through it on my own. I wouldn't try to skimp on anything, wouldn't be worth the risk. Just really wanting to see what the best options are so I can make the best decision