QUESTION
How can I file for bankruptcy without a lawyer?
Asked on Oct 24th, 2012 on Bankruptcy - Florida
More details to this question:
I currently am looking into filing for bankruptcy pro se as I can't afford a lawyer. I have about 20k in debt, and I currently am about to be sued by at least one creditor, and I recently had my car repossessed. I do work fulltime at a doctor's office. I am not married (divorced), I do not own any property, other than a vehicle, which has a clean title, but technically, I owe my grandparents for purchasing the vehicle for me. I do qualify as I meet the requirements for the means test. According to the basic information I provided to see if I met the requirements I do have $150 disposable income left every month. My concern is the credit counseling co. I go to will put together a debt management plan with the disposable income, and the judge will dismiss my case based on the fact that I have disposable income, and a chapter 13 might be more suited. I did read that typically if you’re disposable income is under $166/month that this does not usually happen. In addition, I read that filing a Chapter 13 is much more difficult and involved, and from what I have researched so far, a Chap 7 seems to be my best choice. While I know this is no excuse, I got emancipated at 16, so I have 10 years of debt accumulated already and I am incredibly overwhelmed and at a loss of what to do, in addition to being very embarrassed by my previous ignorance in regards to personal finances. My reasons for filing are I legitimately can't afford to pay back my debts. Any help or advice relevant to the Northern District of NY would be greatly appreciated!!!
6 ANSWERS
Yes.
Answered on May 21st, 2013 at 1:41 AM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
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Yes, you can file pro se. However, it is not recommended.
Answered on Oct 31st, 2012 at 10:58 PM
Daniel James Wilson
You cannot afford not to hire a lawyer. Shop around and find one who will take payments. (Fees need to be paid in full before your lawyer files.) You have done a great job so far in researching, but you do not really understand how the process works. That is not a criticism have been doing BK for sixteen years and I learn new stuff every day. Without going into details, it looks to me that you will probably be able to file a Ch 7. The credit counseling class does not lock you into anything. And please don't knock yourself for getting into financial trouble. You are hardly alone. That's why we call BK a "fresh start." File your BK, discharge your old debt and resolve to go forward with your life with no debt.
Answered on Oct 27th, 2012 at 1:14 PM
Bankruptcy Attorney serving Alpena, MI
at
Carl C. Silver Attorney at Law
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The forms should be available on your applicable bankruptcy court's website. I would not worry about your $150 disposable income as long as you file a copy of any proposed repayment plan that the debt counseling agency comes up with with your copy of your Certificate of Counseling. You may be surprised to find that the counseling agency may come up with little or no disposable income.
Answered on Oct 26th, 2012 at 10:32 PM
There is no good way to answer this question under this format. I would not, however, recommend that you do so.
Answered on Oct 26th, 2012 at 9:24 PM
Insurance Litigation Attorney serving St. Petersburg, FL
Partner at
Gallagher & Associates Law Firm, P.A.
3 Awards
Pro se litigation is much like doing open heart surgery on yourself. You don't know what you don't know and need an attorney.
Answered on Oct 26th, 2012 at 7:51 PM