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I plan to help my girlfriend file Chapter 7 Pro Se. In my opinion it should be a quick, no asset case and be discharged without any issues. We went to a consultation with an Attorney and he said it seemed pretty cut and dry as well. I would have hired him for us, but we can absolutely not afford to do so, but I feel confident to do it on my own and really I have no choice. I want to get the ball rolling now, but I have a few questions – so I am here hoping to get some help from people who have filed Pro Se or know about doing so. I searched on my states (NJ) bankruptcy local rules site for answers to these questions, but did not find them.
I read on the NJ Bankruptcy Court website that we can file immediately by filing the following:
I plan to go this route because I have a feeling that judgements are near on some of her debts and need to get the stay. I will follow up after this first mailing with all of the other forms that I must file within the 14 day period that is allowed. If I feel it is not enough time, I will apply for an extension of the 14 day deadline as suggested on the site. I have some questions and they are as follows:
1. Do I staple or paper clip the forms and their copies?
2. Can I write "original" and "copy" or put post it notes on the forms to designate them from each other?
3. Do I include pay stubs, tax returns and bank statements with this initial mailing? If so, how many and how old? I have heard it is not until the trustee meeting that this may be requested.
I have a few other questions, but I am still working on getting the answers myself from research. THANK YOU in advance to anyone is willing to post a reply.
mbjp09 wrote: I have some questions and they are as follows:
1. Do I staple or paper clip the forms and their copies?- Paperclip is safer
2. Can I write "original" and "copy" or put post it notes on the forms to designate them from each other?
- Yes, probably safer with post it notes, they can stamp is they want
3. Do I include pay stubs, tax returns and bank statements with this initial mailing? If so, how many and how old? I have heard it is not until the trustee meeting that this may be requested.
- No, do not include with initial filing. But the Trustee will request those things prior to the 341 Creditors Meeting ("trustee meeting")
- Can I include a cover sheet to detail everything that I am including in this initial mailing? - Won't hurt
I have a few other questions, but I am still working on getting the answers myself from research. THANK YOU in advance to anyone is willing to post a reply.
In my jurisdiction (Central District of California) it IS common to include paystubs in the filing.
It can't hurt to get a PACER account and take a look at a few other Chapter 7 filings and compare to yours. Perhaps search for cases handled by the attorney you met with. Or see if your local Legal Aid office can assist you.
If you do search through PACER, you should be able to access it for free at the courthouse vs. paying $0.10/page from home.
Hope that helps!
PACER is absolute best thing I have found in helping my file Pro Se for my GF. Thank you for encouraging me to try it out. I downloaded several cases in my state/vicinage. Excellent advice.