Told bankruptcy isn't an option for me...

[Anonymous]

I met with a pro bono attorney today because I can not afford an attorney and since I have a lot of debt and a lot of creditors I'd be stupid to file on my own.

He told me that it would be wiser for me to allow them to file judgements against me and garnish any wages I get for the next 7 or so years than the file for bk.

He said "filing bk is very nuclear" and it stays on your credit for 10 years.  I explained to him that I am well aware of all the facts of bk but he was not recommending me to receive assitances with it because he thinks I should wait it out since SOL is 4 years in FL and "you're already 6 months down, you don't have long to go"

What do I do?  I cant file without an attorney, its too big of a case.  I cant afford an attorney, and I can't get financial help to file either.  What is someone supposed to do in a case like this? 

[CH-7-Mission-Accomplished]

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@Anonymous wrote:

I met with a pro bono attorney today because I can not afford an attorney and since I have a lot of debt and a lot of creditors I'd be stupid to file on my own.

He told me that it would be wiser for me to allow them to file judgements against me and garnish any wages I get for the next 7 or so years than the file for bk.

He said "filing bk is very nuclear" and it stays on your credit for 10 years.  I explained to him that I am well aware of all the facts of bk but he was not recommending me to receive assitances with it because he thinks I should wait it out since SOL is 4 years in FL and "you're already 6 months down, you don't have long to go"

What do I do?  I cant file without an attorney, its too big of a case.  I cant afford an attorney, and I can't get financial help to file either.  What is someone supposed to do in a case like this? 

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Can you tell us about your debt, how how you owe and to whom?  It would help to gauge your situation.

Is your income under the maximium allowable for your state?

Assuming you have a job now and at least some income, if you stop paying some of these creditors you should be able to pay an attorney over time.  In most states the total cost is about $1500 or so.

There are people on this site who have done their own BK's, and it's really just a matter of filling in forms.  You sound like a bright person -- I think somebody with a high school education can get through it.

When you represent yourself, even if you mess up, the court will give you chance after chance to fix the problem.  I work for the courts.  I know this.

Honestly that pro bono attorney sounds like he was blowing you off.   However, if your debt is largely student loans or recent taxes, maybe your debts can't be discharged.

Also if you can't afford an attorney and are afraid to do it yourself, you can hire a freelance paralegal to help you.  They are used to the forms and such.

Tell us more.

[Anonymous]

An outline below per your request:

50k+ in debt, all from credit cards.  Anyone from BofA to Synchrony.

Income is defintiely under the max. My only income right now is side jobs of around $800 a month.  I've been denied jobs because of my credit. 

My rent is $512.50, then I have electric, car insurance and health insurance as well.  I have maybe $5 a month left over after bills.

There is no extra money to pay an attorney.

I stopped paying all creditors the middle of last year, it was either a roof over my head or creditors.  Roof over my head won.

Most of this debt was done by my ex, who is no longer in the country and I cannot pursue for any of it.

I tried to do my own BK and could not figure it all out, and I'm definitely no moron, I have too many different CA's and creditors and many of them are not reporting to the bureaus yet.

I do think the pro bono attorney was blowing me off.  Now that I got to think of it when he first introduced himself it was "i fight collection agencies" so I think that is probably why he was anti bankruptcy, because he'd rather fight the CA's, but he had absolutely no compassion for my case and didn't seem to want to hear me out with anything.  Him saying that BK was nuclear over and over and convincing me that that was the best thing was very irritating. 

I know that I absolutely cannot move forward with my life if I don't get this BK file and done with.  I am a victim of domestic violence and the financial abuse is a big part of what I dealt with, overcoming and moving past certain things like this is a part of healing and I tried to explain that to him.  He repeated the fact that I was unemployed and didn't make a substantial amount of money so I was bound to get more debt.  No, it's called living by what you have which is exactly what I am doing.

I'm very discouraged.

[CH-7-Mission-Accomplished]

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@Anonymous wrote:

An outline below per your request:

50k+ in debt, all from credit cards.  Anyone from BofA to Synchrony.

Income is defintiely under the max. My only income right now is side jobs of around $800 a month.  I've been denied jobs because of my credit. 

My rent is $512.50, then I have electric, car insurance and health insurance as well.  I have maybe $5 a month left over after bills.

There is no extra money to pay an attorney.

I stopped paying all creditors the middle of last year, it was either a roof over my head or creditors.  Roof over my head won.

Most of this debt was done by my ex, who is no longer in the country and I cannot pursue for any of it.

I tried to do my own BK and could not figure it all out, and I'm definitely no moron, I have too many different CA's and creditors and many of them are not reporting to the bureaus yet.

I do think the pro bono attorney was blowing me off.  Now that I got to think of it when he first introduced himself it was "i fight collection agencies" so I think that is probably why he was anti bankruptcy, because he'd rather fight the CA's, but he had absolutely no compassion for my case and didn't seem to want to hear me out with anything.  Him saying that BK was nuclear over and over and convincing me that that was the best thing was very irritating. 

I know that I absolutely cannot move forward with my life if I don't get this BK file and done with.  I am a victim of domestic violence and the financial abuse is a big part of what I dealt with, overcoming and moving past certain things like this is a part of healing and I tried to explain that to him.  He repeated the fact that I was unemployed and didn't make a substantial amount of money so I was bound to get more debt.  No, it's called living by what you have which is exactly what I am doing.

I'm very discouraged.

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Well if you can't do it yourself and you can't pay for it, you are in a bind.  You might try my suggestion to find a paralegal.

However, if your finances are this bad and you are barely able to survive, you don't have any wages that can be garnished and maybe you should just not worry about this for a while.  They can sue you and get judgments, but you can get that later taken care of when you file.  They can't get blood out of a turnip, and you are definitely a turnip.

Try to keep your chin up.  It's hard I know.  But focus on getting by for now.  When you can get some steady work, stash $1500 and get this filed.

[despritfreya]

Why are you not at least consulting with several bk attnys?  Initial consultations are, in many cases, FREE or very low cost?  Maybe you are judgment proof and, therefore do not really need a bk.  Maybe there is some other reason that a pro bono attny would tell you not to file.  You need to confirm what he/she is telling you.

Des

[Anonymous]

Hi to OP,

I was thinking, are you or had you filed income tax and would you expect a refund (due to Earned Income Credit, etc...) If so, use that to pay your attorney to file your BK.

I feel you and I personally would file for BK to have them stop calling/mailing/threating of judgements, etc... Good luck to you. it's not end of the world (althought, I know it does feel like one).

[Datx]

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@despritfreya wrote:

Why are you not at least consulting with several bk attnys?  Initial consultations are, in many cases, FREE or very low cost?  Maybe you are judgment proof and, therefore do not really need a bk.  Maybe there is some other reason that a pro bono attny would tell you not to file.  You need to confirm what he/she is telling you.

Des

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+1. Many to almost all BK law firms in my area offers a free initial consultation. I talked to about 3-4 attorneys before I filed. And I did a free consultation with two attorneys before deciding on the second one I went to. The second one seems alot more knowledgeable and I also found out that the first attorney I went to was charging me about $750 more than the other. 

[gnp57]

OP,

You definitely can do it yourself. I understand you are not sure where to start but it sounds like your income is well below the federal poverty level. That means you should be able to file for free. 

There is a book a lot of people recommend from Nolo which I think costs about $20 (you might be able to find it at the library). I never got the book but my wife used a website that walked us through step by step and had links to all the forms for my state. After I filed my first set of forms, the court let me know if I was missing anything. This is the site I used:  https://www.legalconsumer.com/bankruptcy/bankruptcy-form.php?ST=GA.  Also you have to do credit counseling before you file and after you file. If you are low income, you can get reimbursed for the 1st one. I think we paid $10 and then got my money back. I found the 2nd session completely free.

It is scary to file, but after being through 2 separate bankruptcies (wife & I), I can't tell you how much better I feel and how much I hope I have for my financial future.

[SoleDoctor]

I completely feel where you are coming from with the debt and low money. I'm on a payment plan with an attorney currently hoping to file in June.

Have you tried calling the Bar Association in your state to find a different attorney for a second opinion? Maybe they have an organization in your state to help with bankruptcies. I know in PA there is an organization the Comsumer Bankruptcy Assistance Project , maybe they have a similar organization in your state that can help you.

I wish you the best.

[Anonymous]

My experience is a similar amount of debt with tons of different creditors that I didn't file BK on in 2010 but rather just figured I'd ride out the storm. Here it is 6 years later, I have 4 judgements (paid via garnishment a) and multiple CO accts that I'm just waiting to age off. If I could go back and file BK, I'd do it in a second for the judgements alone. The other stuff will fall off, judgements are virtually impossible to get rid of outside of BK.

I had no idea how long it would take me to recover from all the negatives on my report. The last of my judgements won't fall off till 2022 so I'm screwed until at least then. If I'd filed, it would have been over long ago. I know BK show on reports for a long time but I see story after story on here of folks recovering quickly, and 2 years post and forward seems to be a magic time period where creditors are more forgiving. Not always but often.

This is not advice to you, just saying what I wish I had done. I had zero knowledge back then. Study this forum util your eyes cross, then study it some more. That way you can make an informed decision about what is best for you. Good Luck!!!