Do I need an attorney?

[Princesskina]

Hey I am new on here but I am filing Chp. 7 ALONE no help from an attorney or anything I been looking over the forms and doing everything carefully but I wanted to know do I need an attorney to help me?

[anonymuse]

On the Colorado bk web site, they indicated that since the new laws have taken effect, over 80% of the dismissals were from people that have filed by themselves without an attorney.

I thought about doing it myself; however, after reading this board for the past few weeks, I've decided that getting an attorney would be the best investment of $1500+ at this time in my life.

You don't get a second chance.

[bonnieb]

If it's financially feasible for you to do it, get an attorney. You may not need it but it is really a relief to have an advocate at your side. Good Luck!

[anonymuse]

If forgot to ask, do you have assets you want to keep and is your income below the median for you state?

For me, this book was a good starting point (although there is also tons on the web, sometimes I need to get away from the computer and just read):

http://www.nolo.com/resource.cfm/catID/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/

Check out the Tactical Bankruptcy Manual II from one of the moderators on this site:

http://www.bankruptcyforum.com/t6635-the-tactical-bankruptcy-manual-ii.html

And then go look at sticky's at the top of each forum to learn more.

[SinkingFast]

Old Law, I'd say, "Yeah. File Pro Se!" in a heart beat.

New Law is a whole new ballgame.

In addition to the comment Anon made about filing forms correctly, the Court is defining gaps as time passes.

One change that was announced is filers cannot count Lawn and Garden Tractors as Household items. L&G Tractors are vehicles.

When we started researching in January, there was no definition of what Household members are or can be included for the Means Test or anything else associated with BK. That has since been decided. BK Court is using the IRS and Census Bureau definitions.

And rumors abound,......... As in attnys telling their clients stories,.......... That the Court is tightening up restrictions on their own. Not adhering to the Law as written on the $100-$166/mo paying off 25% of debt. Our attny told us, if you have $100 of disposable income/month, the Court will make you go Ch 13. Others have reported hearing similar stories from their attnys as well. Could be scare tactics. Could be the truth.

Basically, if you have no assets you're worried about loosing, and you feel confident you can research and fill out the paperwork on your own, then I'd say go for it.

But be prepared, at the same time, to have at least one of a couple things happen. 1,.... You'll make some mistake in your paperwork, the Court will notify you but won't tell you what you need to fix, and then you have 45 days to find and fix it or be dismissed. or 2,......... The Court will take advantage of the fact you do not know the law and do not have legal representation to force you thru hoops other filers with attnys won't have to go thru.

Also, be aware, that if you choose to file on your own and then get into trouble down the road, more than likely you won't be able to get an attny to salvage the case for you. There've been several reports here of people in similar circumstance and no attny would take over their case to bail them out. That's just the way attnys are.

If your case is at all complicated in anyway, call an attny. It's the simplest and smartest thing to do.

[anonymuse]

One change that was announced is filers cannot count Lawn and Garden Tractors as Household items. L&G Tractors are vehicles.

Off topic, but do you know if an exercise machine (Total Gym) counts as a household item?

[SinkingFast]

I don't know Anon. LOL

I just remember reading that comment about L&G Tractors being vehicles and thought, "How odd. Like that will affect the average filer."