Need to file Pro Se in Virginia

[ValleYum]

Thanks for catching all of that with the car, Don. I was unaware of the cross-collateralization when I gave that tidbit of advice as you noted.

Now it will be a new part of my caveats on 'car advice' to ask if a vehicle is financed at a credit union. LOL

Hope your weekend is great!

[markinva]

In VA here, too but doing a Chap 13 in the Western District - Big differences in income limits, exemptions, allowable expenses, etc. between Eastern and Western Districts. At least take advantage of the free consultations that atty's offer. To take on a 7 case, they want their fee up front - in the 3K range. WRT to the car, take it to Carmax to get a written offer use can use to prove value. We all love our cars but try not to get too hung up on it - it's just a piece of property. Following is pasted from the Bankruptcy Law Network which I found useful for basic research. When you are considering a trip, usually, you make substantial preparations in anticipation of that trip. You make travel arrangements; you make sure you have a place to stay; you make reservations for any activities in which you wish to participate. You will often make significant plans and preparations for any “big” event. Bankruptcy is no different. It is a significant life event that demands some thought and preparation before you embark on it.

In talking with potential bankruptcy clients, it seems that a lot of them wait until the last minute before contacting a bankruptcy lawyer to find out how bankruptcy may help them. While visiting a bankruptcy lawyer most likely does not rank high on most people’s “bucket list,” if you are struggling financially, it most likely makes sense to determine if and how bankruptcy can help you sooner rather than later.

So, how can “preparing” for bankruptcy help? First, you will need to have the fees for the lawyer and for the court available. For now, for a chapter 7 filing, just the filing fee is $306.00. Additionally, before you file, you must complete a consumer credit counseling session and get the certification that must be filed with the court. If you “fail to plan” for your bankruptcy filing by finding out what you need ahead of time, when your car is on the verge of getting repo’d, you may not have the time and/or money to retain a bankruptcy lawyer.

Second, you can carefully go over your income and expenses and see where the trouble lies. Certainly a bankruptcy lawyer can help you identify the problem (with appropriate information) but you also need to know how you got into this financial mess. Some problems are easy to identify–temporary loss of income; extraordinary medical bills; overspending for a bit, etc. Bankruptcy can assist in overcoming those past problems but you need to be aware of the problem so that you can avoid it in the future. Bankruptcy is designed to be a “fresh start.” You can greatly assist in obtaining that “fresh start” by breaking or modifying some of the habits that perhaps got you here in the first place.

Third, make sure you know who you owe and how much. Find out if there is any collateral associated with the debts and gather up loan documents. Your lawyer will need this but, more importantly, you need to know your own financial picture. Credit reports are freely available and can be a big help. Also, if lawsuits or foreclosures have been filed against you, make sure you have that paperwork–all of it! It is important!

Finally, change your mindset. In dealing with individuals facing financial problems, it is often much more difficult instead of dealing with distressed businesses. That is because a business looks at assets and liabilities and can make a rational decision as to whether keeping an asset is worth the corresponding liability. Understandably, people are attached to their “things.” But, after all, they are just “things” and you have to consider carefully whether retaining a “thing” is worth the potential stress and headache. As an example, if you suffered a decrease in income and you have two relatively late model cars. No one wants to give up one or two cars but sometimes it is better to surrender a vehicle or two in order to keep your house (if that is important to you). There will be some emotional attachment to some “things” but it is imperative that you do this. Determining what is important to you is important for your bankruptcy lawyer in setting achievable goals for your bankruptcy filing.

Finally, do some research. There is a lot of information about bankruptcy that is freely available. However, you should exercise extreme caution in considering the information. Not that the information is inaccurate (some info may be outdated or simply inapplicable) but it takes an experienced profession to know what is appropriate and what is not. But, by familiarizing yourself with some basic bankruptcy information, you will be in a better position to appreciate and assist your bankruptcy lawyer in setting realistic and achievable goals.

After all, the real goal of a bankruptcy filing is a “fresh start.” Good luck to you!

[souprebel]

Hi ! Thank you for the replies, help and compassion.

I went to a new lawyer on Thursday. The cost is $1435. I was only able to pay the Lawyer $120 to retain. I still have to pay the balance in full before this will be filed. Not sure where/how/when I will have all of this money as I am a single female that lives alone, there isn't another income to help me. The lawyer advised that the credit union holding the title to my paid off car is a big issue. They called the woman that handles things for the credit union while I was there and they did not give my name. She told them that they never repo a car that has been cross collaterized. When I ran the Kelly on my car I came up with $6500, but that was to sell person to person, at the Lawyers office, they ran it and came up with $10,500 I think and they said they have to use the Retail Value. I want to be done with this and move on and start over. Sorry to ask a dumb question, but when my defaulted loan is included in my BK. They can no longer collect or garnish or harrass. Do you think the credit union after they can't collect on it, they will let that title go? I am in no hurry to sell the car, I need to be car payment free for a long time to get back on my feet. I never thought I was going to be laid off. Today I called the title department at the credit union. The woman told me "technically the car is not attached to the unsecured loan but because you owe on the unsecured loan we have a right to hold the title until the obligations are fulfilled with the credit union".

Thank you everyone for advice as I certainly need all input

[IamOld]

HellO! ONce you're loan is discharged, no they can't come after you for the loan - BUT they can hold onto the title - at the very least until you pay them off anyway...

Regarding car value - I'm VERY surprised that they're looking at retail...where in VA are you?? (if you don't mind me asking)

Hi ! Thank you for the replies, help and compassion.

I went to a new lawyer on Thursday. The cost is $1435. I was only able to pay the Lawyer $120 to retain. I still have to pay the balance in full before this will be filed. Not sure where/how/when I will have all of this money as I am a single female that lives alone, there isn't another income to help me. The lawyer advised that the credit union holding the title to my paid off car is a big issue. They called the woman that handles things for the credit union while I was there and they did not give my name. She told them that they never repo a car that has been cross collaterized. When I ran the Kelly on my car I came up with $6500, but that was to sell person to person, at the Lawyers office, they ran it and came up with $10,500 I think and they said they have to use the Retail Value. I want to be done with this and move on and start over. Sorry to ask a dumb question, but when my defaulted loan is included in my BK. They can no longer collect or garnish or harrass. Do you think the credit union after they can't collect on it, they will let that title go? I am in no hurry to sell the car, I need to be car payment free for a long time to get back on my feet. I never thought I was going to be laid off. Today I called the title department at the credit union. The woman told me "technically the car is not attached to the unsecured loan but because you owe on the unsecured loan we have a right to hold the title until the obligations are fulfilled with the credit union".

Thank you everyone for advice as I certainly need all input

[souprebel]

HellO! ONce you're loan is discharged, no they can't come after you for the loan - BUT they can hold onto the title - at the very least until you pay them off anyway...

Regarding car value - I'm VERY surprised that they're looking at retail...where in VA are you?? (if you don't mind me asking)

Seems odd to hold onto the title for a loan that was discharged and they can no longer collect on. But, I understand.

I was too. I'm in Richmond.

[IamOld]

Seems odd to hold onto the title for a loan that was discharged and they can no longer collect on. But, I understand.

I was too. I'm in Richmond.

Hmm...that's weird because tehre is NO way that car would fetch anywhere that much if it is sold....would you have time to go to another atty for a free consult? I'm wondering if that chap is wrong. Could be right of course, but it sounds SO out of the ordinary...

[souprebel]

Hmm...that's weird because tehre is NO way that car would fetch anywhere that much if it is sold....would you have time to go to another atty for a free consult? I'm wondering if that chap is wrong. Could be right of course, but it sounds SO out of the ordinary...

It's possible it could, it would take a little while to sell, but its possible.

I've been to several and already paid them to start. I liked them the most.

[doni49]

Seems odd to hold onto the title for a loan that was discharged and they can no longer collect on. But, I understand.

I was too. I'm in Richmond.

It's true that they can't force you to pay them. But by holding on to the title--and since they have paperwork making it collateral for the loan, it's their legal right to do so--they have at least some hope that you'll eventually pay them. They could decide to repo if you haven't made enough of an effort (in their eyes) to pay them or they could juust wait for you to try and sell it or trade it in.

But only the CU can tell you what they will do. We can only offer our thoughts as to what they CAN do (that's all the atty can do too).

[doni49]

It still might be worth sitting down with someone else just to get their opinion as to the car's value.

[souprebel]

It's true that they can't force you to pay them. But by holding on to the title--and since they have paperwork making it collateral for the loan, it's their legal right to do so--they have at least some hope that you'll eventually pay them. They could decide to repo if you haven't made enough of an effort (in their eyes) to pay them or they could juust wait for you to try and sell it or trade it in.

But only the CU can tell you what they will do. We can only offer our thoughts as to what they CAN do (that's all the atty can do too).

I agree totally. I appreciate everyone's thoughts I can't help but being hopeful that they will just release the title after the BK is filed.

[buzzstpoint]

A little off topic.. Years ago I seen a truck in a local credit unions lot that said for sale on it.. I stopped and made an appointment to look at the truck..
Small little toyota 4 runner, forget the year, they wanted about 10k for the truck.. I told him no way, the truck plus condition was only worth 3k at best. He told me it didn't matter. It was a repo and thats what they had to get for it. It sat there from spring till almost the end of the year.

So sometimes what they want to get for the vehicle vs hoping you may pay for it could be a factor.

[souprebel]

A little off topic.. Years ago I seen a truck in a local credit unions lot that said for sale on it.. I stopped and made an appointment to look at the truck..
Small little toyota 4 runner, forget the year, they wanted about 10k for the truck.. I told him no way, the truck plus condition was only worth 3k at best. He told me it didn't matter. It was a repo and thats what they had to get for it. It sat there from spring till almost the end of the year.

So sometimes what they want to get for the vehicle vs hoping you may pay for it could be a factor.

It's so stressful having to file, then the fact my car is paid off so I figure I will ATLEAST have that and be able to continue to apply for jobs by having a car. Only to have the credit union holding it. Such a mess.

[souprebel]

Update on me.

I filed BK 7 last week with a lawyer. A HUGE weight was lifted. Meeting of Creditors is in February and discharge will be in April.
I have joined Pacer and which area should I pay the most attention to? They have several sections and since it cost to view, which can add up quick, which section should I be checking?

Also, I get about 1-2 Collection letters a day. The two I received yesterday, I put my case number on and mailed back, but now I am questioning myself. Should I write my case number on them and mail them back or just wait until after I am discharged? Both were included in my BK. In fact, I received another letter today, for one of the same accounts from yesterday.

Thank you!!!

[buzzstpoint]

For Pacer. If it's 9.99 or less you wont be billed in a calender year quarter.

Here's howto get charged the minimum.

after you log in,
Click the query tab at the top.
Search your case number or name.
Once you get the pacer BK id number for your case, write that down so you dont have to search all the time.

Once you find your case, you'll click the run query button at the bottom of the search.
2 thing to look at here.

1st = Date of last filing:
Remember this date.

For now, Click on the Docket report, your case number should be filled in, just click run report.
**You just got charged for running this report**
Now look at the papers there were filed, If you click on any thing else you'll be charged for that. Scroll to the bottom and see what it is. If you click to download that or any of the items here, you'll be billed for those.

Now that you have your update.
next time you log in you'll look at the Date of last filing:
If this hasn't changed, there isn't anything new to see. Log out. You haven't been billed.

Don't go crazy looking at stuff in Pacer.. You can rack up an impressive bill..
Everytime you download a document you'll be billed, even if you click the link 2 times. You'll be billed 2 times..

Congrats on the filing..

As for the collection letter.. I wouldn't do a thing. They'll get the Automatic stay papers soon.

[ValleYum]

Update on me.

I filed BK 7 last week with a lawyer. A HUGE weight was lifted. Meeting of Creditors is in February and discharge will be in April.
I have joined Pacer and which area should I pay the most attention to? They have several sections and since it cost to view, which can add up quick, which section should I be checking?

Also, I get about 1-2 Collection letters a day. The two I received yesterday, I put my case number on and mailed back, but now I am questioning myself. Should I write my case number on them and mail them back or just wait until after I am discharged? Both were included in my BK. In fact, I received another letter today, for one of the same accounts from yesterday.

Thank you!!!

YAY!! Congrats on filing, Soup, from your favorite asshat! That's SOUPER! LOL

Buzz's Pacer advice is PERFECT for keeping up with any changes with your Pacer account while on a budget. I think I owed under $15 for the quarter we filed. I haven't owed anything since - but I only use it occasionally these days. How I kept up with the Date of last filing is by putting a sticky note by the computer with the date jotted on it - otherwise I would sit there and wonder if I remembered the date correctly Sometimer's Disease is awful! Sometimes I remember and sometimes I don't!

Keep us posted on your filing and for sure let us know how your 341 goes!!!