help getting started

[blum1176]

So the long and short of it.
I am about to lose my job. I work seasonal work, and my "season" is over in may. My wifes check is being garnished to the tune of 700 + a month. which has made it difficult to live and impossible to obtain a lawyer. I am going forward pro se, but the time i need to get my paper work and such together is getting me nervous. how do i go about getting my emergency pettition started? i have all he info for my creditors,mostly. We have 0 assets, we are keeping our car,(reaffirming the loan) and I also have a student loan that i cant iinclude. Our case is cut and dry says the 3 attnys i have met with. what steps do i need to do to get the emergency stay started? i have been reading the nolo book, but seems to be a bit vague in this area. Help PLEASE.
also, I am filing in Northern CO, the only Bankruptcy court i can find is in denver. does this mean that as i go through this process i need to drive to denver everytime i need something or is there a local court that im not finding? Thank you so much for your help.

[justbroke]

Since you really want to try this pro se, you should get a reputable guide to filing. I would recommend the NoLo Press Guide to Chapter 7 bankruptcy. It's about $24 as an electronic book. There may be coupons for it on the Internet, but I don't know of any active coupon codes.

Since over 60% of all Colorado residents live in the Greater Denver area, it appears that there is only one Division in Colorado, and that's in Denver. More than likely, you would only need to attend the 341 Meeting of Creditors anyhow.

The emergency petition is a procedural matter. The NoLo guide can help, or check your District's website to find the "filing" requirements for an emergency petition. You are likely to have many "deficiency" errors if you don't follow the guide or the Court's process. There may be local forms that are necessary. Never use the forms in the "guide book" (like NoLo), and always get the latest form from the US Court's website. Understand that once you file and get a case number, you can't just dismiss your Chapter 7, it takes on a life of its own.

Why are you reaffirming your car? How much do you owe? How much is it worth? Have you run a sample Means Test (like on LegalConsumer)?

If you are just starting to consider this, it is going to take you a week to type up everything and get it right. You will have 15 days to file the rest of the documentation and that will take up time too.

Personally, I don't think a pro se debtor should ever file an emergency petition if they don't already have everything planned out. And I am a pro se filer!

[blum1176]

we are reaffirming the car because its our only means of transportation. the amount we owe is equal to the value. we pass the means test easily. i have gathered all of the creditor info, so it seems that it will be a process of filling out the pile of forms in the allotted time. I am confident that 15 days will be enough time. I have ample time to work on the process at work and at home. My plan is to get everything in order before filing.

we are reaffirming the car loan out of necessity, i dont think that post bankruptcy we could get a comparable vehicle.

[justbroke]

we are reaffirming the car loan out of necessity, i dont think that post bankruptcy we could get a comparable vehicle.

Since the car is of equal value to the loan, that's fine to reaffirm. You will need to prove that you can afford to do this. Once the bank files the reaffirmation agreement -- that you signed -- you will have a hearing to determine if it's a hardship on you.

You haven't mentioned if you at least have a guidebook? Even if you checked out one from the local library.

[NHC]

Since you really want to try this pro se, you should get a reputable guide to filing. I would recommend the NoLo Press Guide to Chapter 7 bankruptcy. It's about $24 as an electronic book. There may be coupons for it on the Internet, but I don't know of any active coupon codes.

Since over 60% of all Colorado residents live in the Greater Denver area, it appears that there is only one Division in Colorado, and that's in Denver. More than likely, you would only need to attend the 341 Meeting of Creditors anyhow.

**Yes, that is the only time they will have to go to court......

The emergency petition is a procedural matter. The NoLo guide can help, or check your District's website to find the "filing" requirements for an emergency petition. You are likely to have many "deficiency" errors if you don't follow the guide or the Court's process. There may be local forms that are necessary. Never use the forms in the "guide book" (like NoLo), and always get the latest form from the US Court's website. Understand that once you file and get a case number, you can't just dismiss your Chapter 7, it takes on a life of its own.



Colorado is good about listing their local forms on their website but they didn't differ any from the Federal ones. I used those forms and they were perfectly fine with them.

I sent him a PM...but Colorado wants to see the Means Test, Petition, Statement of SSN, Certificate of debtor counseling, and an application to pay the filing fee in installments (If needed...), and a creditor's matrix on a floppy disk. The remaining documents are required to be filed within 15 days of the initial petition....those can actually be mailed as can payment on the filing fee.


Why are you reaffirming your car? How much do you owe? How much is it worth? Have you run a sample Means Test (like on LegalConsumer)?

If you are just starting to consider this, it is going to take you a week to type up everything and get it right. You will have 15 days to file the rest of the documentation and that will take up time too.

Personally, I don't think a pro se debtor should ever file an emergency petition if they don't already have everything planned out. And I am a pro se filer!

/

[tigergem]

You haven't mentioned if you at least have a guidebook? Even if you checked out one from the local library.

He said he is reading the nolo book but it didn't give him very good instructions on how to file an emergency petition.

I'm wondering? Is an emergency petition the same as filing the petition without the schedules? Filing the remainder of the paperwork a couple of weeks later? I mean, that is what I did, although mine wasn't what I would have called an emergency petition. I just did it that way for my own personal convenience.

[NHC]

He said he is reading the nolo book but it didn't give him very good instructions on how to file an emergency petition.

I'm wondering? Is an emergency petition the same as filing the petition without the schedules? Filing the remainder of the paperwork a couple of weeks later? I mean, that is what I did, although mine wasn't what I would have called an emergency petition. I just did it that way for my own personal convenience.

Uh Yup.....

[GWBcasualty]

He said he is reading the nolo book but it didn't give him very good instructions on how to file an emergency petition.

I'm wondering? Is an emergency petition the same as filing the petition without the schedules? Filing the remainder of the paperwork a couple of weeks later? I mean, that is what I did, although mine wasn't what I would have called an emergency petition. I just did it that way for my own personal convenience.

Yes. Some courts call it a "bare bones petition"... you will than have some time to provide the rest of the paperwork.

[Goldfish]

In case you haven't done the credit counseling yet, I did mine yesterday with Abacus Credit Counseling. I contacted them first (by phone) to arrange a fee waiver for issuing the certificate, which they approved (I had to fax them). To do the course on-line took at most 2 minutes, and when I reached the end asking for payment info, I called them -- you get them immediately during business hours -- said I had a waiver approved, and they instantly e-mailed my certificate. No other way to go. [They have no connections to creditors and do not report anything you give them to BK court. So, numbers don't matter.]

I'm surprised by what you all say about 'filing without schedules'; I would have done this yesterday, and I think I'll do it tomorrow if not ready to go. Shoot!! Talk about the need for knowledge. (Knowledge is power) [I just don't want late payments accumulating-- it's pointless to boot]

Someone mentioned paying in installments (note, I read that screwing up anything with respect to payments can really derail you). Anyway, I plan to submit a waiver request (forget installments) at the Court together with my petition; have to wait there (& maybe see the judge) to have it approved. I'm told not to go late; or I may then be scheduled for a hearing some other day, and if you don't show for the hearing, you're really screwed-- then you may have to wait 6 months to be eligible to try to file again; and then you'll have to report a previous BK filing. [Incidentally,LA Court is totally inundated.]

[I'll be opening another thread right soon, as I really want this out of the way (some sort of filing) by tomorrow.]

hang in there gf

[daglo]

I lost my job and my husband took an income cut. We are stuggling to pay our mortgage and regular expenses. We got a modification last August, which ahs helped. We had to stop paying our credit cards, which we used to live on after our income was cut. Now we cannot pay the minimum. We tried to work with them, they all refused, raising our rates to 30%, making the payment totally unaffordable. We would like to file a Chapter 7 but even though they said my husband's income is too much, we have NO assets. Our home is underwater by about 300,000. We have no equity in our cars. Can we file a Chapter 7? We bring home about 5000 a month, but after mortgage,car payment and back tax payments, we have 700 for food, gas, medical, etc. Can a 7 work for us?

[Goldfish]

Blum1176 --

Just an added thought. In LA we have a pro bono place (Public Council). It offers clinics (at their site) to instruct on how to fill out the forms, and also self-help hours at a federal building near the BK Court. The people there will review one's forms to see whether there is anything which would prompt a deficiency.
I don't know how far you are from the BK Court, but you might check out whether there are any resources. [I would guess there has to be at least a self-help desk with lawyers present to review what you are submitting...]

Public Counsel is an independent non-profit organization, so they are not restricted (far as I know) in offering advice. Perhaps, however, when they operate at the Federal Bldg as a self-help desk, they are being paid by the Court so cannot offer advice, only technical assistance.

[tigergem]

Wow. I didn't even know. I just filed that way to make sure my petition was accepted while I was working on the schedules. I had some refinement to do to hone my plan to where I wanted it. Also, because "things happen" around here sometimes when I least expect it and at the worst possible time... I wanted to have the completed and correct portion of the paperwork gone from the house ... before something got spilled on it or it got chewed on lol.