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    pattijo55's Avatar
    pattijo55 Posts: 104, Reputation: 5
    Junior Member
     
    #1

    Jan 26, 2009, 11:00 AM
    Bankruptcy w/o an attorney
    What are the steps I have to take to file bankruptcy w/o paying a lawyer? Thanks for your help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 26, 2009, 11:06 AM

    If you have to ask, you can't do it, ( old saying but true)
    I used to do filings for people, but with the newer laws, I would not even consider it now myself.

    But you look up in state statue the exemptions you are allowed, you then find all of the paperwork required, and do a filing. You are now required to do a counseling course before you file, and another one before the final discharge that has to be done and info provided to the courts.

    You may get away with it if there are no debtors that are going to challenge you, but ifyou have some challenge your filing, this is when it gets hard.

    I was in bankrutpcy court a couple months ago, and watched the first meeting of creditors ( you can sit in on them) About 1 in 4 people that showed up did not have the proper information they needed ( and all of them had an attorney)
    Even attorneys esp if they don't do nothing but bankruptcy are not even up on all of the filing requirements.

    About 1 in 2 of the people who did not have an attorney had to reschedule because of improper filing issues.
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
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    #3

    Jan 26, 2009, 01:50 PM

    Fr_Chuck is 100% right. With the new bk laws it is not wise to go it alone but as stated above not even the attorneys are sure, I know of a person who tried it alone and it was a mess she finally got a lawyer and everything went OK then.
    jondbh's Avatar
    jondbh Posts: 7, Reputation: 1
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    #4

    Jan 28, 2009, 04:06 PM
    Quote Originally Posted by pattijo55 View Post
    What are the steps i have to take to file bankrupcy w/o paying a lawyer? Thanks for your help.
    I have worked for bankruptcy attorneys for 17 years and with the new bankruptcy laws a lot of them are confused. I wouldn't suggest it. It can be done but not advisable. You can get the forms from the bankruptcy court website in your area. But again this is not a wise thing to do. The creditor attorneys will chew you up and you may wind up with more problems than you have now.

    This is my opinion I am not an attorney nor is my opinion to be construed as legal advise.

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