Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Am I a good Pro Se candidate?

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  • Am I a good Pro Se candidate?

    Assuming I figure out what I'm really trying to do... (still up in the air on whether we can get a Loan Modification, so not yet certain whether we're surrender house or not). At the moment we are 2 payments behind. If the mod comes through and is sufficient to make it possible, I could get help in catching up before we file, from a family member.

    Hoping for a Chapter 7 and surrendor, or a Chapter 7 with a retain and pay (but no affirm if I can help it) on the house if we do get a decent mod (which I doubt will happen as per my post in another thread about Unemployement compensation not going to report as 9 months when they are reviewing the package.

    Creditors are:

    CC - BofA, Citibank, GE Money (Discover, Macys, and Lowes) total between them is approximately 30K

    Student loans - Key Bank, Vermont Student Assistance (those are hub's loans) approx 29K, Citibank (mine) approx 1K (I know they don't go away, but listing here in case info needed.

    House ~ approx 250K in value (less, maybe? 3 house on street for sale, at least one over a year now)
    1st mtg ~ 208K Sovereign Bank 6.25%, 26 years to go
    2nd (HELOC) ~ 62.1K Sovereign Bank

    Cars (not financed anymore)
    97 Toyota RAV4 228K miles
    00 Toyota Tundra not sure miles, but lots

    Both are solid and both are probably at least slightly over the 4K car exemption.

    93 Honda ST1100 motorcycle which we really want to keep

    Nothing substantial of value otherwise - the usual household stuff, nice bosch frontload washer/dryer, furniture we've taken care of but all of it is average quality and at least 10 years old.

    I have a lot of craft supplies in the basement, all cut and painted and prepped to make stuff for sale, but there are many missing parts that I buy in small lots as I need them to make items up. Without the designs and construction methods which are in my head not written down anywhere, it's probably a pile of junk to the trustees, because it's not even kitted up. (My items weren't selling anyway, but every so often one or two sell for a maybe $50 or 100. I'm not hiding the gross income, and the entire original pile was given to me with no value for the favor of getting it out of the space it was occupying.)

    I'm unemployed so for now it would appear I have time to learn how to do this and it would save a few K money we don't have.

    Are there any red flags here that suggest I would be wiser to hire an attorney? Other than the fact that you can make the creditors call the attorney's office until you file, if there's no particular sticky wicket for me here in NH, I'm inclined to think doing it myself would be a good idea.

    What do the successful or unsucessful Pro Se-ers before me think?
    Last edited by StartinOver; 09-26-2010, 08:12 PM. Reason: left out something
    Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

  • #2
    i have seen many on this site file pro se with no problem....

    for me...i was in the law field for many it's embedded very deeply : "He Who Represents Himself Has a Fool For a Client"...

    i'm glad i didn' was enough pressure with all the paperwork.

    the reason and the only reason i got an atty was i wanted someone familiar with the trustees in my know what to expect from that trustee etc.....basically "insight".... i really paid the atty for his relationship with the courts...truthfully and in hindsight i would do it again...he apparently had such a good relationship with my trustee they were on a first name basis.

    it's a personal decision...only one that you can make and feel comfortable with it.

    good luck which ever way you decide to go!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


    • #3
      Given your particular situation with cars that you own outright, student loans, and a motorcycle! N.H. has no wild card (that I can tell) and the automobile exemption is $4,000.

      I always tell people, if they are an asset case and going Chapter 7, an attorney will potentially save you from losing property. We had one member on this site that had many many many issues with assets by assuming they were protected but they were not. Lost lots of money. Don't do this.

      Unless you're willing to lose the motorcycle and perhaps one of the vehicles, I would highly suggest an attorney.
      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

      I am not an attorney. Any advice provided is not legal advice.


      • #4 suggestion is to take what justbroke is saying into consideration as you can see jb's chapter 7 filed was in fact, pro se...thus..."coming" from the horses mouth.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


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