cancel
Showing results for 
Search instead for 
Did you mean: 

Possible to self file then hire a lawyer?

tag
PippiLongstockingWannabe
Valued Member

Possible to self file then hire a lawyer?

For reasons not worth getting into, I find myself needing to file immediately (ch 7) and there's not enough time before the auction to hire a lawyer to file. As I'm finding.

 

Foreclosure Auction is 30th. Thursday.

 

Also is there any provision state (CA) or federal to get extension for those with a disabiliating condition that is responsible for not filing bankruptcy before auction date and/or answering court summons regarding foreclosure? I can't recall that I even got notice about what court it was filed in or a date to respond by etc etc.

5/13/08: EQ: 619 TU: 659 EX: 655
7/20/09: EQ: 647
8/13/09: EQ: 697 TU: 720
7/26/10: BOUGHT MY FIRST HOUSE
10/15/10: EQ: 741
2011: lost my job due to disability
2014: foreclosure but fighting it.
2015: House saved!

2022: zero cards,
Message 1 of 10
9 REPLIES 9
bstone
Frequent Contributor

Re: Possible to self file then hire a lawyer?

I'd hate to state the obvious, but you've obviously procrastinated about this for some time.

 

That being said, you really need an attorney.  If your intent is to keep your home and you file something wrong you're screwed - you only get one shot.  If you don't care about the house, then don't stress the auction and just file when you can.

NFCU Rewards - $18,000, NFCU Signature - $18,000, NFCU LOC - $15,000, Care Credit - $7,700, Lowe's - $6,400, Capital One QS - $5,000, Walmart - $5,000, Amazon - $4,000
Message 2 of 10
DaveInAZ
Senior Contributor

Re: Possible to self file then hire a lawyer?

Not recommended to file BK without an attorney, the filing is very complicated.

 

A couple questions:

 

Is this your residence that's being foreclosed on?

Is there only one mortgage? No 2nd mortgage?

 

Because in most instances CA is a non-deficiency state. For example if you owe $250k and foreclosure sells  it for $200k, they cannot come after you for the additional $50k left on the mortgage. But if you had a 2nd mortgage for $50k, the 2nd mortgage company can come after you for that, garnishing wages, emptying bank accounts. .

 

If you're worried about owing something on the house if you don't file BK first, as long as it's your primary residence & there's only one first mortgage you'll probably be OK.

Message 3 of 10
PippiLongstockingWannabe
Valued Member

Re: Possible to self file then hire a lawyer?

it's my primary residence and there's only one loan on it.

 

Talking to the mortgager now.

 

severely disabilitating health conditions != procrastination. Please don't judge what you do not know.

5/13/08: EQ: 619 TU: 659 EX: 655
7/20/09: EQ: 647
8/13/09: EQ: 697 TU: 720
7/26/10: BOUGHT MY FIRST HOUSE
10/15/10: EQ: 741
2011: lost my job due to disability
2014: foreclosure but fighting it.
2015: House saved!

2022: zero cards,
Message 4 of 10
PippiLongstockingWannabe
Valued Member

Re: Possible to self file then hire a lawyer?

Oh I'm only concerned with trying to keep my house. I need to stay here for my medical treatment especially. All the $$ concerns will be dealt with later. I've rebuilt my credit once before, I know I can do that however this pans out.

5/13/08: EQ: 619 TU: 659 EX: 655
7/20/09: EQ: 647
8/13/09: EQ: 697 TU: 720
7/26/10: BOUGHT MY FIRST HOUSE
10/15/10: EQ: 741
2011: lost my job due to disability
2014: foreclosure but fighting it.
2015: House saved!

2022: zero cards,
Message 5 of 10
DaveInAZ
Senior Contributor

Re: Possible to self file then hire a lawyer?


@PippiLongstockingWannabe wrote:

Oh I'm only concerned with trying to keep my house. I need to stay here for my medical treatment especially. All the $$ concerns will be dealt with later. I've rebuilt my credit once before, I know I can do that however this pans out.


Sorry, but I'm pretty sure a BK filed tomorrow cannot stop a foreclosure scheduled on the next day. But a dehabilitating condition might. Try calling your police department and/or sheriff's office and ask them if there is any way to stall a foreclosure auction because of your condition.

 

Scratch that, It looks might stop a foreclosure in one day - when they come to start the auction you show them the filing document and they have to stop. But you'll have to file in person or get somone to take the papers you signed and file for you, you have to be an attorney to file electronically, Google Calfirnia bankruptcy court, there are 3 - northern, central and southern, Go to the website of the correct one, they'll have all the forms you can download & fill out at home.

Message 6 of 10
DaveInAZ
Senior Contributor

Re: Possible to self file then hire a lawyer?

You'll no doubt make a mistake in filing as its complicated. I was looking how long you have to amend (fix) any errors - you have 30 days, up to creditor's meeting. And yes, you can add an attorney. So yes, if you can get to the courthouse & file in person tomorrow you can then get an attorney and he can amend anything incorrect.

Message 7 of 10
Anonymous
Not applicable

Re: Possible to self file then hire a lawyer?

Yes, you can file, then hire an attorney later. One attorney I interviewed suggested that you can file an emergency bankruptcy petition, containing only the cover page and whatever is the minimum for the district, then having an attorney fill out the bulk of the paperwork within the two weeks.

 

Things to watch out for, though. Many firms do not want to rush their filings. By forcing them to file the schedules within two weeks, they will be rushed. They will likely charge you extra for doing so. Next, you have to hire a firm immediately. Filing the schedules in two weeks is bad enough. Lollygagging for a week before you hire an attorney is even worse. 

Message 8 of 10
PippiLongstockingWannabe
Valued Member

Re: Possible to self file then hire a lawyer?

Thank you SO MUCH DaveInAZ and AvengersAssemble!

 

The information is exactly what I needed (and hoped for). Smiley Very Happy

 

Looks like I was able to get auction cancelled (via my lender) for now but now I know and have time to utilize that information to run the clock if/when listed again before I can reinstate the loan.

 

Need to update my signature though Smiley Wink

5/13/08: EQ: 619 TU: 659 EX: 655
7/20/09: EQ: 647
8/13/09: EQ: 697 TU: 720
7/26/10: BOUGHT MY FIRST HOUSE
10/15/10: EQ: 741
2011: lost my job due to disability
2014: foreclosure but fighting it.
2015: House saved!

2022: zero cards,
Message 9 of 10
Anonymous
Not applicable

Re: Possible to self file then hire a lawyer?

I'm glad to read that your sale has been postponed.

 

For the benefit of other readers, an experienced bankruptcy lawyer could easily have filed this case, with complete bk schedules, in time to stop thae sale that was threatened. Anyting you could have done, in the short time available, a bankruptcy lawyer could do better. 

 

Now that your sale has been postponed, will you use this time to get a lawyer involved, or will you wait once again until you are down to your last 48 hours?

Message 10 of 10
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.