Should I hire an Attorney or File myself (Pro Se)?

[anonymuse]

i have been thinking about filing bankruptcy but the fees are so expensive that i can't afford that. can a person do the same thing as an attorney with filing a bankruptcy case.

Brownie,

You are legally allowed to represent yourself; however, the laws can be complex, and if you have any assets you're worried about keeping, then an attorney becomes more important. There are a lot of deadlines and a certain order things need to be done. One of the most common mistakes is that people do not do their credit counseling BEFORE they file.

NOLO (nolo.com) just came out with their step-by-step book on filing--line by line how to fill out the forms and what laws apply. It's by no means a substitute for legal representation, but $25 well spent to see how the law works and the paperwork is completed.

Take advantage of free consulations with attorneys. The fees vary widely. Ask plenty of questions here--we're not lawyers, but we try to help as best as we can based on our experiences and research on the web.

If you have been paying your unsecured creditors (i.e. credit cards), stop paying them and save up that money for an attorney.

Good luck!
anon

[sbrownie28]

i have been thinking about filing bankruptcy but the fees are so expensive that i can't afford that. can a person do the same thing as an attorney with filing a bankruptcy case.

[anonymuse]

I have seriously considered filing pro se. However, after reading this forum, I think it will be the best money I've ever spent (at least in a long time) and an investment into a stress free future.

Plus, I'm thinking that since the lawyer has to sign your filing and they could get fined for false information, that gives your application more credibility. But, on the other hand, I don't know if filing on your own gives you "less" credibility or any kind of "strike against you".

[angelv34]

oh

by the way i have no assets whatsoever

[angelv34]

Hey

I inquired with an attorney about how much it'd cost several months before the new laws went into effect. He quoted me $800. I have $20,000 of debt.

[debtjumper]

I did Chap. 7 by myself since I didn't have any money to pay. I did have enough money ($20) to purchase a "how to" book on eBay. It is by the Nolo Press and does a good job explaining things. Note that my case was a no-asset case. My 341 lasted just a few minutes and I was out the door, once again -- my case is no asset.

Pretty much no stress in filling out forms; spend some time reading through the postings in this forum -- this place is full of priceless advice! I wouldn't have been able to do this without the bk forum family ;)

[tresjolie]

My Chapter 7 is going to cost $2000.
I thought about doing it on my own but with the new laws feel it is worth the extra peace of mind even though I'm going to have to save for it...

Attorney Fees:1655.00
Filing Fees: 299.00
Credit Councel/debt education fees 46.00
My BK attorney will not do a payment plan----could possibly discharge his fees otherwise as part of my BK! :-)

[tenchi]

Mine will cost $1100 and I have three months to pay the fee. He said if I make steady payments, his office is willing to extend that 90 days if I need it. I'd never be able to understand all the forms and legalese myself so filing without an attorney was never an option for me. Plus, I can forward any collection calls to him which is a great load off my back. The peace of mind from those calls alone is worth the fee. Best thing is that he will also take care of any creditors that bother me after closing. He will only charge me if I decide to sue any creditors that continue to harrass me after the closing date.

[scammer]

Mine is at $3,500, and will end up between $5,000-$7,000. Worth every penny.

[Pumpkin729]

Ours was $2,200 in Aug 2004, 600.00 up front, 600.00 when he filed and the 1000.00 went into the payment plan.

[AMISLANDER]

I started with a 13...

...that we did up on the computer but before my lawyer filed, I realized (with a boyfriend who's a painter...read...not always working...), there's no way I would have $ leftover after rent/bills...so I frantically called after the weekend that I had filed & told him, in no uncertain terms, to switch me to a Chapter 7...

He charged me $1,800 which I paid (rip off? I don't know...)and did not refund me the difference on what ch. 7 would have been.

I do own a 2000 4Runner which is paid off/no payments...and I wanted to keep the truck. Had a lien on the title from Oct. 2004. I filed Oct. 2005. And, although in Florida, they could take the truck, I've heard nothing to that effect, yet. I have filed my taxes. Trustee does want copy of my return & my refund check; he'll send me back what's owed me from for Oct, Nov, & Dec...my 3 mo. worth of refund...and if the truck issue does not resurface, then I'll put new tires on...hope it's soon 'cause I'd like to do it before hurricane season..but it doesn't make sense to send it off, if trustee wants it with four new tires, now, does it...always got to think when in bk!

So, you can see, there's a lot of different ranges even within the ch.7...consultations are free...see as many professionals as you can..

[krobin02]

Going pro se

I filed without an attorney in January 2006 and tomorrow (04/17) is the deadline for objections. I haven't heard anything yet so it seems all is well. I did not use an attorney after the initial free consultations because I couldn't afford my obligations let alone those plus getting money together for the attorney at the same time. Here you have to pay the attorney fees oplus court and filing fees before an attorney will file the paperwork for you. Not worth it for me!

[Pumpkin729]

Under old laws, we paid $2200 for chapter 13, 600 down, 600 went he filed, the rest added to the BK.

[LostOne0069]

If you have no assets you want to keep that aren't CLEARLY covered by exemptions and your income is WELL below the median and you can EASILY show that your expenses use up all of your income... then yes, I'd just do it yourself and not worry about an attorney... This would be a slam dunk no asset chapter 7 case.

Anything else, I'd pay an attorney. Also, keep in mind that when an attorney quotes you a fee for bankruptcy... it usually only includes services up to a point.

For instance, my attorney is going to charge me $1750 + the filing fee of $274. He was very clear to me (a sign of a good attorney!) that this covers preparing the forms and everything else for filing... actually filing the bk, going to the 341 meeting with me... and just about nothing else. If any of my creditors object, the attorney will call me and say, "CreditorX objected... would you like us to represent you in this matter? The fees will be X/hour." So your fees can go up quite a bit if you have a difficult bankruptcy with a lot of objections. Of course you dont' HAVE to have your attorney handle these for you, you can try to manage them yourself... but I, personally, feel that it's exactly these types of situations that you NEED an attorney for!

Good luck!

[NowOrNever]

Our 13 is going to be 2000. 1000 up front and the rest in the plan. I don't even prepare my own taxes, I sure wasn't going to try to do my own bankruptcy.