Thinking about filing myself - I see many potential complications. Help?

[CTBank84]

I had a job from 7/2005 to about the end of 2008 that was completely under the table (no taxes were filed). I couldn't even tell you how much I made in that time, because I worked at home, and one week I would work, and the next I wouldn't (depression and anxiety). 2008 was the last time I made a payment on any of my debt, and I haven't worked since. My parents have been supporting me, and I moved back home for a couple of years to work on depression and anxiety. So I never filed any tax returns because I had no income.

I currently have a judgement against me for $16,000 (which is from a credit union for a automobile loan, personal loan, credit card, and overdraft line of credit). They came to repossess the motorcycle, but it was in parts, and they left it at my parent's house. I've since moved out of state, and have no contact with my family (and would like to keep it that way if at all possible.) However, I put the motorcycle back together.

My other debts are to a cable company, credit cards, a gym, utility bill, and phone bill. Totaling just over $4,000 (if I'm reading this correctly).

In August 2008 I went to see a bankruptcy attorney, and I wanted to keep my apartment, so he advised me that we would file 13 for the time being, so I would get to keep my apartment (as long as I stayed current with rent) then we would change it to chapter 7. At the hearing of the creditors, a different lawyer was present, who didn't know my case at all, and they needed my tax returns (but I was under the table so I had none) but the lawyer was supposed to say that I didn't make enough to file, which is why there weren't any (I didn't find this out until AFTER I met the lawyer back at the office). The people at the hearing put my case on hold until I filed. We (my parents and I) put the bankruptcy on hold because of the confusion it caused.

That brings me to present. I haven't worked since 2008, so I have no need to file taxes. I just got a job, and I'm worried they'll garnish my wages since there is already a judgement. I don't have the $1,450 to hire a bankruptcy attorney, but if needed, I could come up with a few hundred to file myself. I currently rent an apartment (that a friend pays for; along with all my other bills), I don't have a car or any other assets.

Given my situation, how likely is it that I can successfully file for chapter 7 by myself, without a lawyer?

If you need anymore information, feel free to ask. I tried to think of anything that would be important to my particular case.

Thanks!

[AngelinaCat]

Welcome to the Forum.

Yes, you have several problems. The best thing I can advise you to do right now is to read all the 'stickies' here in the CH7, CH13, General BK, and the Pro Se boards, and educate yourself. You should also go to the NOLO press site and purchase a copy of their latest CH7 book. That will serve as a Reference guide for you.

Look for posts/threads, and a blog by Justbroke. He is our preeminent pro-se filer, having started with a CH13, and then switched to a CH7.

Good wishes to you!

[CTBank84]

Thanks for the quick reply.

I've been reading this stickies before and after I posted this. Thanks for the direction, so far. I've also looked at the NOLO site before you mentioning it. I'll continue on with that.

If anyone else has any input, I would greatly appreciate it.

[keepsmiling]

How much are you making? Do you get health insurance at your job?
You are fortunate to have such a good friend. Is this friend going to continue paying your rent? Is it in your name?
Could be it might take them a while to find you. Could be you want to stick with a cash life style til you figure it all out. That is, keep your paycheck under the mattress.
Could be it's a little premature to file.
But doing your research can't hurt

[CTBank84]

What do you mean it might be a little premature to file? I have direct deposit, and was thinking about canceling that. Job is only part time, but close to the max for part time. I'm currently under state insurance.

[dischargedbk]

First, sorry for your situation, but you are not alone. I would personally recommend doing BK with an attorney. Sure, you can go at it alone, but from my experiences, it is a complicated area of law and best not to file without the use of an attorney. Especially as it appears you may have a special set of circumstances due to your income / tax situation. Why Chapter 13? Did your attorney complete the Means Test and you failed? Or maybe something to do with how you earned money? I don't know... this is why an experienced BK attorney is best to consult. My opinion is, if you can, to file a Chapter 7 and put all of this behind you for good and have a fresh start in a few months.

Maybe you should seek out a new attorney as this may be the best route to go since the current lawyer (firm) may not have represented you as good as you should have been?

EDIT: Plus, the moment you file your BK, the automatic stay goes into effect... seems like that should be the case now as you had filed? correct? If so, the creditors cannot take any action on any pre-petition debt without a motion to the BK court to lift the automatic stay.

Good luck!

[keepsmiling]

There are limits to garnishment- you probably don't make enough even to be garnished. Check your state's laws.
However they can take your bank account...use caution.

There is no way OP is a 13; it was just recommended he/she read the threads in the 13 area about pro se filing.

You should make an appointment or 3 to discuss your situation with a few attorneys just to educate yourself. No reason you can't handle this yourself after clearing up the tax return q. You should be a slam dunk 7. Why wait to file? Well... others will disagree on that . But at the moment you are probably collection proof.
Get started on that reading and those appointments so you are prepared when you are ready.