Filing pro se or not?

[theBorrower]

My thoughts as a soon-to-be default debtor.

Im preparing before the storm. My line of credit is calling in their balance. My CC doubled the int. rate. 1 month till I cant pay. BTW- I read about the Bankruptcy Score and it makes sense why all of a sudden this is happening. Ive been on this forum for a week. Excellent and I thank everyone for their time. I have The NOLO book.
It is basic compared to what's here. Worth $20-yes. I thought about filing pro se. Considering Im doing most of the leg work. But, was said about courts and such, Im slowly changing my mind. I ran a quick inventory of personal property, have no IRA, no homestead. The PP may have enough non-exempt value for an asset case. Most of this is in office equipment, tools, machinery, coin collection, hunting/fishing gear,etc. Not talking about alot, and I understand the "garage-sale value" concept. Then there's the startup side business which generated online $$. Along w/the fact that Im not married but living together for 20yrs, she owns everything except my PP. Also my biz escrow bank account for agency billing, which I cant figure out.
For me, these seem complicated enough and Im not the best person to file paperwork. Not a big case for an attorney but getting too big for me. This may be worth the $2-3k retainer to try to save some non-exempts and do it right. Im tired and I havn't really started, but Ill keep reading your comments..

[justbroke]

I'm jumping into this a little late. As usual, HHM has accurately stated just about what I would state.

As a pro se filer (myself), I would tend to believe that a case such as the one stated, should be handled by an attorney. The IRS is one creditor that you don't want to mess up with.

When I say, don't mess up with the IRS, I mean that you could file pro se and not get into any additional trouble with the IRS, but you may miss some advantages of the Bankruptcy Code to leverage and or even discharge some tax debt!!!

Have your friend stop paying their credit cards... and voila... money to pay the attorney is there!

[soleprop]

Dst1 speaks the truth. I filed Pro Se because I couldn't afford an attorney without waiting several months to save up for one, and also because I wanted to be very aware of every single aspect of my BK; and my sense was that when you get an attorney, you are only partially aware of all of the communication, paperwork, etc. going on.

I used the NOLO book like a security blanket and this forum was definitely a source for all else.

Personal opinion: filing pro se bk requires a lot of time and organization. if you can't devote the time to ensuring you get it done right, pay someone who can.

[Dst1]

I have the Nolo book and frankly think it's overrated. If you know nothing about BK it's a good introduction. Rather than focus on anything in depth, it tries to cover all aspects of the BK process in a superficial way. The net result, however, is that if you are a no asset case in Chapter 7, about 2/3 of the book is irrelevant. In truth, if you hang out here for a bit you will learn everything you need to know. It's just not all in in one nice and organized place like the book.

As for pro se I think it has less to do with money and just how comfortable you feel about the law. You don't have to be an attorney to file pro se but I think an interest in the law helps. If you look at court building and the whole concept of walking in there on your own scares you, then maybe pro se is not the best for you. Finding a good attorney to help you is not just about the law, it's about having confidence and security about what you are doing. BK can be a nerve racking process and if you find the law intimidating then the money for an attorney is well worth it for the peace of mind alone. What's that saying about penny-wise and pound foolish....

[HHM]

What type of tax debts are dischargeable?

Read here

http://www.bkforum.com/showthread.php?t=24853

[AngelinaCatHub]

HHM that was a wise answere. In this case, I think an attourny is appropriate.

I went pro se in my AP because I had to (no money). It did me well as the adversary attorney actually realized my so called creditor was a crook. It got kicked back to where it belonged and to date no action towards me/us.

[Nicollette]

Well, the tax lien complicates matters (which means there is tax debt, does she know if the tax debt is dischargeable). Also, there are some extra steps when judgments are involved.

I haven't read the Nolo book so I don't know if it addresses these issues.

Generally, if people have a need, they find a way. Even in BK, when people say they have no money, that tends to be a knee-jerk reaction...kinda like when you walk into a retail store and the sales person says, "Can I help you", what is the first thing you say.."no, just looking". Most people can figure out a way to pay an attorney if they really need the help.

What type of tax debts are dischargeable?

[HHM]

Well, the tax lien complicates matters (which means there is tax debt, does she know if the tax debt is dischargeable). Also, there are some extra steps when judgments are involved.

I haven't read the Nolo book so I don't know if it addresses these issues.

Generally, if people have a need, they find a way. Even in BK, when people say they have no money, that tends to be a knee-jerk reaction (I am filing BK, why would I have money)...kinda like when you walk into a retail store and the sales person says, "Can I help you", what is the first thing you say.."no, just looking". Most people, once they sit down, run the numbers, and let go of their pride (stop paying unsecued creditors, get a tax refund...if filing a chapter 13, stop making mortgage payments), can figure out a way to pay an attorney if they really need the help.

[Nicollette]

I'm asking this question for someone I know. This person needs to file a Ch 7, but she really can't afford an attorney. She has no assets, judgements filed against her, and a tax lien against her. Is it really complicated to file pro se, or should she try to save up for BK attorney? I've read some of the threads on here about the NOLO book. Does it walk you through the process step-by-step?