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For people who HAVE filed bankruptcy

Did you use a lawyer?
My SO is going to file bankruptcy but at the rate things are going there is no way that he can pay for an attorney. We looked around, it will cost him 1400 $$ and yes yoiu may think put all the money that would go toward bills, to that, but survival bills, like electricity, rent, food, etc suck up all the money. He is 2 payments behind on his car, And isn't paying on any of his loans or credit, not by choice, be some things come first.

So is it possible to file alone? What's the process? advice?

 
Anonymous

Asked by Anonymous at 6:19 PM on Jul. 1, 2010 in Money & Work

This question is closed.
Answers (4)
  • I haven't filed but I used to process bk claims for my employer. What you want to look into is called filing "Pro Se". You can get the forms from the bankruptcy court - look up what district you're in and it should be on their website. Whether you use an attorney or not, you will still have to pay for filing fees and credit counseling classes, along with any money the court decides you do owe on various things. Do not run out and buy things with the intent to write them off - they look for that and it's illegal. You will either have to make arrangements with the loan company to reaffirm on the car loan or give the car back. The terms of the new loan must be approved by the court and should have a lower interest rate, but if you default, you can still lose the car. You don't have to do that directly with the loan company, there is court paperwork that does it, you just fill it out and turn it in. -continued-
    NotPanicking

    Answer by NotPanicking at 6:23 PM on Jul. 1, 2010

  • You will be appointed a trustee. Their job is to make sure the terms of your bankruptcy are met and to either close it when they are or cancel (dismiss) it when it's not. If your case is dismissed, you can refile and try to get it reopened, but until you do, you are fair game for creditors.

    Your best bet is to start with your district website - they have all the resources you'll need.
    NotPanicking

    Answer by NotPanicking at 6:25 PM on Jul. 1, 2010

  • One more thing - once you file, inform ALL of your creditors. Have copies of your filing to fax or email to them. Once you file they should not be attempting to collect from you anymore, only contacting you for legal reasons.
    NotPanicking

    Answer by NotPanicking at 6:27 PM on Jul. 1, 2010

  • I filed bankruptcy along with my DH almost 7 years ago, we did not have an attorney but we did have a paralegal, that may be an option for you if you cannot afford an attorney. She went through the steps with us one by one, she completed all the "legal" aspects of filling out the documents and filed them on our behalf. The only thing we had to do was get her all the information on our creditors. We showed up to our hearings alone, our bankruptcy was pretty simple we had alot of debt no assets, i think it's when you own a house, boats or have any other assets that the process gets a little more complicated.

    LuvmyFam6

    Answer by LuvmyFam6 at 6:29 PM on Jul. 1, 2010