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chpt. 7 neophyte...thanks

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    chpt. 7 neophyte...thanks

    greetings. i'm starting chapter 7 proceedings and i'm in california.

    the basics: i'll soon turn 70; i have $0 credit debt; i have $186k federal school loan debt; i have $1200/mo. income [half ssi retirement, half family money]; and i have been on income sensitive payment plans [$0/mo.] for at least a decade, so i have not defaulted.

    i seem to be 'high' on the brunner test in all categories. i took the preliminary credit counseling course and spent $15 at the local law library to download 100+ pages of the pro se packet.

    lastly, i have $36k in the bank, and a $2000 van [vehicles have served as my residence for almost 20 years], i.e., no other property or assets. i am hoping to protect it under california 'wildcard' regulations.

    thanks...a few initial questions: a] is it likely that i can in fact pull this off pro se, or will i need help, limited scope with schedule c, or otherwise? b] will a mailing address be sufficient, i.e., i'm long-term homeless, and, if so, will it need to be in the same county that i'm filing in? c] i'd be grateful for any introductory recommendations, and perhaps for recommendations to locate more substantial assistance, if needed. [our local librarian was literally unfamiliar with the usage 'chapter 7 bankruptcy', so i will need to procure help from other quarters, although gemini has been very helpful to date.]

    i will certainly very much appreciate any forthcoming replies. very best wishes in any case.

    #2
    You or your attorney should read up on the new "attestation process" which has greatly reduced litigation under Brunner. Well, at least it's driven mostly by paperwork. Whether or not a Pro Se can still pull this off is a good question. The problem is always evidentiary, but at least the "attestation process" clarifies just what the DOJ and DOE are looking at when looking at the complaint.

    My district has a specific program for student loans in a Chapter 13. I don't think it's of much help to you, but wanted to let you know that this new "attestation process" may be a game changer and reduce litigation.



    Here's an older case from my district where a Pro Se debtor did win. I don't see many in between (or since 2010).



    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.

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      #3
      very much obliged. i am aware of the changes and am encouraged to pursue chapter 7 proceedings in light of that fact. so far, gemini is my only guide through the process. i'm mostly concerned about the schedule c. anyway, thanks for your help and best regards.

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