Buying a car after filing, but before discharge

[NancyLou]

What did my attorney do that I couldn't have done?

Um, let's see...

1.  He filed the paperwork correctly the first time.

2.  He dealt with creditors who didn't respond to the filing notification and were reporting incorrectly on the CRs (after I'd disputed them and the creditors refused to cooperate.

3.  He is now working on getting the title to my car that's been PIF for quite a while

4.  He answered all our questions, such as the ability to get a car while going through BK

5.  Went to the 341 hearing with us and answered all the questions the judge had

6.  Reminded me I still needed to do some online work to get to discharge

7.  Handled it all, 100%, so I could go on with the business of getting my divorce done and life in general, with no worries as to whether it was being handled correctly or not.

People think going pro se is great because it saves them money but the truth of the matter is, there's a great deal of work that goes into it and it will take up a lot of your time, time that could be better spent on something else.

The flowers of wit, or a choice collection of bon mots, by Henry Kett, 1814:

...observed the eminent lawyer, "I hestitate not to pronounce, that every man who is his own lawyer, has a fool for a client.

[jkjklkjkl]

Thank you Nancy for your input!

Of course I've heard the saying, but I do believe every case is different.  If I had more variables to this situation, I would go with an attorney.  I have no desire to wait to file, which is what would have to happen, if I hired an attorney.  I'm ready and need to get this "new life" started.  I finally feel like my life is about to start, and start the way I wish it had years ago--in my past, I've made financial decisions based on lack in other areas of my life, and I've since concorred those lackings.  If the Lord impresses on me that I need to go with an attorney, then that's what I will do, but otherwise, I'll defend my fool of a client.

[NancyLou]

Okay, it's your choice. People on here who have been through what you're getting ready to go through recommend an attorney, but you're choosing to ignore that. It's a free country and you certainly can do what you wish.

Good advice is always certain to be ignored, but that’s no reason not to give it. - Agatha Christie

[jkjklkjkl]

Simply because one chooses to not follow advice or convention does not mean that they are doing so in flippant disregard.  I know that there are many people who have successfully pro sed their way through BK, just like there are many people who have established excellent credit history by following their own decisions, and more so, there are many people who were, are, and will be successful going against the norm.  I'm sure Agatha Christie went against suggestions and advice in her life, that ultimately made her as successful as she was.  Everyone has different variables to their life. I've read of cases where one's attorney was basically useless, and while I wouldn't stand for that, in that case, they paid to have the honor of being a foolish client.  I asked questions, did research, to make sure that I'm prepared for what is to come.  A judge making me cry is not something that I would ever be afraid of--I'll answer all questions through those tears.  Also, I'm not oppossed to hiring someone, should I see that I need help.  And, while I read your well-wish, I felt your finishing tone was, "You're an idiot!".  I didn't feel like that tone needed to be present because, again, we all have different variables to our lives, which require/allow different actions to be taken.  Again, simply because one chooses to not follow advice or convention does not mean that they are doing so in flippant disregard.

I'll report back with my experiences--my money's on my only having spent  money on filing fees.

[alanae1809]

My case is very similar to yours. I had no assets, just a car loan through a credit union. My utilities were shut off so I had file in a hurry, correctly. My attorney understood this and I gave him $400 on the day I filed & $400 the day before my hearing. The day after I filed my utilities were back on and I was really happy that I had my lawyer.

I surrendered my car and actually they will be getting it tomorrow. ( really hard to explain to the bank why you should be driving a car you are not paying for ) I found a 99 honda civic and will use that until it dies lol

In retrospect, if I hadn't been in a hurry to file and had more time to research chapter 7 bk, I think I could've filed pro se.

It's nice to have an attorney to answer questions whenever you have them and in case something takes a wrong turn, but the courts give the option not to have one for a reason.

My advice to you is to get consultations from as many attorneys you have time for, to get their opinion on your case, some may even give you a means test to see if you even qualify.

Then, buy the actual software that bk attorneys use to do the schedules. It's okay to estimate the worth of something like clothing, jewelry etc but my atty said it's always better to estimate up a little than to low ball it.

He also said when your done with your schedule, it looks better if you're not " in the hole " it should even out to zero, which means after you pay your bills, buy your food etc. you have no money left over.

If you plan on filing soon, if you haven't already, stop paying any credit cards, car notes, cable, Internet & anything that might be considered a luxury expense. You don't want to file bk & have any luxuries on your schedule ( if you're broke you don't need cable lol )

I said this in my other post, it really is nice to have a GOOD attorney. So many people's cases were delayed at my hearing because their lawyers sucked but like someone mentioned on that post ( can't remember right now ) it makes no sense to spend money you don't have.

$800, believe or not, was a MASSIVE chunk out of my pockets. I didn't have money to even eat those weeks, went to my moms and she took me grocery shopping so I completely understand where you're coming from ( I was a student & worked part time )

If I had more time, I would've done what you're doing.

Good luck to you! Let me know how it goes.
Bk is a sucky situation all around.

[jkjklkjkl]

Thank you alanae for your experience!

I can't remember how much the attorney wanted, but she wouldn't file until the fee had been paid, which would've really pushed back my filing date.  Not to mention, the fee would've been a large expense, and the money spent would be better put toward another car, if nothing else.  It seems that a filer has to do a good amount of the paperwork anyway, so why pay someone to do it, in such a straight-forward case?  I have downloaded a book to guide me, and was able to locate the complete petition packet online, and will take it one step at time. 

I'm not paying any of my bills, and was, thankfully, able to get the credit counseling course for free. 

I truly appreciate you advice and well-wish, and will keep this thread updated.

[lucasgirl81]

I financed a car between filing and discharge. It was also a necessity for me. Ch 7 , but for some reason it was closed, meaning it only applied to the creditors I named. My lawyer warned me multiple times before filing to remeber every creditor ive ever had, even if the accounts had fallen off my reports because if they came out of the wood work later there was nothing we could do. When I went to get my car the lawyer gave me the right paperwork to prove it was a closed bk and it went along just fine.

[freshstart30]

Thanks for the encouragement jkjklkjkl!  I too have also filled pro se. Our cases sound very similar. I don't have any assets, savings etc. Pretty straight forward debt, and I am in the same place you are when it comes to a car, and I had the same questions. It's refreshing to have someone to relate to. I too have done my research, and even retained a lawyer in the beginning and realized it wasn't nessecary. The internet is definately a tool and so is this forum. We will make it through! Thanks again for posting your story.

[jkjklkjkl]

Thank lucas and fresh for your input and encouragement!  I've had to delay filing, as I'm waiting to see if a situation pans out.  If it does, I wouldn't be around to go to the hearing(s), and can't risk having my case dimissed.  I'll know by the end of this month, and will file if I haven't heard anything on the situation.  I soooo want to file now!  I feel so awful owing people money and not  paying--avoiding phone calls, feeling stuck in acquiring new credit, such as a car and a new apartment.  I'm just praying for some miracle so I don't have to file, but have come to terms of filing.  To go from good credit to bad credit is such a low.  All I can say is "Never again"!