Attorney VS Do It Yourself?

[akcire]

I am new to this forum , and I have found it very helpful. I am planning on filing asap. I have been reading the BK manual on this forum and am ready to go for it.
I really just don't know where to start. Is it possible to do it yourself? I really don't think I would be able to afford a lawyer, obviously since I'm filing.
I know I can get free consultation, but I find it somewhat intimidating, I don't know if they would be like pushy car salesman type lol
Any advice would be greatly appreciated.
I just know that I need to file asap and don't know what the first step should be.

Thanks!!!

[HHM]

Do a search of the topics as this question has been asked several times before.

[hhou812hh]

I see this come up on many threads and while it can be tough to find a good lawyer, I would always hire a lawyer for things such as this. Since you are bankrupt or almost bankrupt and money is probably very tight, still scraping up enough to hire a lawyer would be better then to risk losing your discharge to a mistake you may make. It's cheaper to pay a $1000 bucks or so to a lawyer to get it right and be forgiven 20k in debt then to make a mistake and spend over 10 years paying down your debt.

Just my opinion. Good luck!

[Minnymouth]

If you do it yourself, run into a problem down the road, then most lawyers will not take over your case.
So be prepared to "figure it out yourself" in the end. There are deadlines to meet and certain criteria in bankruptcy filing. Mess up - your screwed!!! You can be dimissed or denied - then your dead meat, for sure.....
So unless your sure of what your doing, best hire a lawyer, let him do the "grunt work".
Quit paying on your cc and mortgage (if your not keeping home) and you'll be able to pay the lawyer.
Some cases can be very simple - some a "nightmare"!!!
Just a word of caution!!

Minny

[mymymy]

I filed Pro Se and am very glad I did. We own a home and vehicles and all that good stuff. In reality, a BK attorney will submit your petition for you- after you've done all the leg work and his paralegal types it up. I'd say, unless you have a great deal of non-exempt property, it's a good deal to do it on your own. I was discharged on 8-2-05 and my case CLOSED on 8-3-05. YEY!

The best place to start, IMO, is right in your own filing cabinet- gather all of your financial info. Visit your district's bankruptcy court's website. Read all of the clerks instructions, look over all of the BK forms, do a dry run and see if you think you can handle it. You'll have to do a lot of cross referencing and spend some time digesting the exemptions allowed for your state (or federal), local rules, state statutes. Also, you'll be googling a lot to find statute numbers and MORE! It IS a little intimidating.. but, if you take each question on the petition- one at a time- and be sure to know the ins and outs of each before you move onto the next.. you'll have no problems. It takes organization and diligence.

There are NO stupid questions on this board and they have ALL been asked before..LOL.. no need to feel embarrassed. The search function here is pretty darn good and if you can't find your answer.. just ask!

S0- determine if you are a good candidate for a Pro Se case by asking yourself what you have to lose. That answer will lead you to your next step.

Good Luck and don't be discouraged by nay-sayers.

Oh and BTW- a very good lawyer friend of mine reminded me many times- "For the time being- The BK Courts are the most humane of all judicial branches, and there are not too many mistakes that you can make that can not be addressed." Best to get it right the first time.. however, the law does allow for amendments. Honest Debtors need only apply.

[herekitty]

Wow - that's amazing mymymy! I'm proud of you!

I have a habit of somehow messing up legal docs so I went the attorney route. If you shop around a bit you can sometimes find attorneys that will allow you to pay an upfront cost and then balance the rest out through the next months. I have to put $425 down upon our meeting date (today) and then pay $100 a month for the remainder of the cost ($810 in total).

[Minnymouth]

"Herekitty",

CAUTION -- many lawyers will not "file" your petition until its paid in full.................

So make sure it's filed before the Oct deadline or you will be under the new rules......

Minny

[legal artist]

I am an attorney, and I hired one for our Chap13.

[HHM]

As a general matter, I always recommend a person hire an attorney for a chapter 13. Its usually a good idea for a person to hire an attorney for a chapter 7, but its not absolutely necessary. You don't really hire an attorney to fill out the petition because anyone can figure that out, what you need an attorney for is keep you on the straight and narrow path, help you plan your BK, and help you decide whether you should or should not file, and give you an indication of what will happen in your BK given your unique circumstances.

[Minnymouth]

WELL,
When one lawyer hires another to do his BK, that should tell the rest of us "something", HUH!!!!

Glad I hired an attorney, I would have never got "my mess" straightened out and got screwed worse than I did. My lawyer has done some "heavy negoiating" in the last year.....

Just a thought,

Minny

[mymymy]

LOL.. I didn't mean that that was ALL an attorney does.. <blush>

In the Southern District of Florida, you are not permitted to file a chapter 13 without an attorney, FYI