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Ch 7 W/O an attorney!

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grillandwinemaster
Valued Contributor

Ch 7 W/O an attorney!

So we've made the difficult decision to file bk Sept 1st of this year. We've also made the decision of filling without the help of an attorney.
Has anyone "gone at it" alone? Without an attorney? What was your experience?
BTW, we're in California, in case that matters.
Thanks for your input!

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Message 1 of 12
11 REPLIES 11
grillandwinemaster
Valued Contributor

Re: Ch 7 W/O an attorney!

No takers?!?🤔🤔
Nobody on here has tried going at it alone??

Current Scores 3/2016 Equifax 676 Transunion 697 Experian 648 Goal Scores: 720's accross the board. Gardening Goal: 3/2017
Message 2 of 12
FireMedic1
Community Leader
Mega Contributor

Re: Ch 7 W/O an attorney!

Very very few have posted. Usually when they had a problem doing it alone. It is advisable to get a lawyer so it isnt dismissed for any mistakes made when filed and it shows up at the meeting of creditors.


Message 3 of 12
Anonymous
Not applicable

Re: Ch 7 W/O an attorney!

@grillandwinemaster  filing a BK 7 or 13 is one of the biggest life events you will run into. The hangover on it will last up to ten years of your life. It is not worth the risk gambling that you will get it all right. Often times attorneys that do this day in and out know little items that should receive attention. Do as you must, glad I used an attorney specializing in BKs!

Message 4 of 12
Anonymous
Not applicable

Re: Ch 7 W/O an attorney!

Search the forum.

 

There has been a few who have tried it.  but like the others have said it's worth the money to have a lawyer take the battle on with. 

Message 5 of 12
Shooting-For-800
Senior Contributor

Re: Ch 7 W/O an attorney!

I FILED MYSELF...

I could not find an attorney I was happy with.

3 or 4 told me that there was no way I would qualify.

2 or 3 were complete idiots or gave me a bad vibe.

I found most to be nothing more than paper pushers who simply used fill in the blank BK software or pawned everything off to their paralegals and assistants.

 

WITH THAT BEING SAID...

I am not your average Joe. 

I have a business degree and I am extremely thorough to the point of being obsessive.

Many have told me that I should have been a lawyer including the lawyer I was up against during negotiation and mediation with my mortgage company.

 

THERE IS A TON OF PAPERWORK...

It certainly can be done.

I also found the trustee to be fair and even friendly to me as I was the only person without an attorney at my 341.

Superior attention to detail and superior organization is not a plus, it is demanded.

 

I DO NOT RECOMMEND IT...

I had no issues with mine even though I was told by many there was no way I would pass the means the test.

It is very stressful for the average person.

It is not expensive to hire an attorney considering how much debt will be discharged.

 

IF YOUR CASE IS SIMPLE AND CLEAR...

You can find help online, with books, with the BK court, etc.

 

ONLY YOU KNOW YOU...

If you are extremely organized with above average intelligence and have a simple case, you can file without an attorney without regrets.

 

GOOD LUCK EITHER WAY...

 

 

 

 

 

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Message 6 of 12
Anonymous
Not applicable

Re: Ch 7 W/O an attorney!

You know there is one more point that has not been mentioned and that is sometimes we may be very good at the business side of life; strong, directed, non emotional, sensible when dealing with others, but when it comes to our own lives we loose the cold hard approach and get caught up in the non business side and risk loosing it. Same could be applied when working with the Internal Revenue Service. Can we risk eliminating large dollar amounts? That is something to consider. Self Service on a BK is risky. My attorney charged me $800 and I had a good solid six figure BK. It was worth it!

Message 7 of 12
Anonymous
Not applicable

Re: Ch 7 W/O an attorney!

I am subscribing to this thread...

 

I have a friend who is considering filing Pro Se in Dec of this year. She is 60 and low income. She has no cc debt but huge medical debt from an injury that caused a related brain bleed ($140k+).  She also has several utility collections.

 

Anyway, we are in Florida and here we have free Bankruptcy & Pro Se Bankruptcy clinics at the court house and legal aid center that are offered monthly. Perhaps they have them in CA as well. 

Message 8 of 12
Anonymous
Not applicable

Re: Ch 7 W/O an attorney!

I did it pro se and wouldn’t recommended it.

I used upsolve which helped out a lot but I also screwed up the paperwork, but the trustee was forgiving and gave me a chance to make it right.

It’s also helped I don’t own anything of value so i didn’t have any assets to protect, I suppose that made it easier on my end.
Message 9 of 12
kiea
Frequent Contributor

Re: Ch 7 W/O an attorney!

I filed without an attorney and honestly I didn't find the process to be that hard.  It's was just a matter of filling out the paperwork correctly and paying attention to my deadlines.  I used the internet and nolo.com for research.  I didn't have a house or anything like that.  I filed with mostly credit card debt and a small car loan.  

 

After filing the paperwork you will have to wait for a court date.  After the court date, you just have to wait for discharge.  As long as your creditors don't have any objections the process is simple.  If you are filing and you are including a house or you want to keep your car or if you have anything that involves more detail I will definitely obtain an attorney.

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Message 10 of 12
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