QUESTION

Where can I find the most comprehensive information about filing my own bankruptcy?

Asked on Nov 10th, 2011 on Bankruptcy - New York
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I am not able to retain counsel for my chapter 7 and by the time my situation is reviewed by a pro bono attorney, two of my creditors will have taken my to court and file a judgement against me. I do appreciate that it is usually not advised that people try to be the own counsel, but I want to do this before I am taken to court by these creditors, I don't have a choice.
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9 ANSWERS

John Leo Greifendorff
Nolo Press ... http://www.nolo.com/legal-encyclopedia/bankruptcy;jsessionid=C89176FF72C197565AF1E2C35BAB8590 ... you have choices that you don't perceive. Worth a free short consult with a bk lawyer to get a better viewpoint.
Answered on Nov 14th, 2011 at 8:05 AM

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Bankruptcy & Debt Attorney serving Longmont, CO at William Edward Zurinskas
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The best selfhelp chapter 7 bankruptcy guide is published by Nolo Press. If you have a very simple bankruptcy, it will help, but the problem is knowing whether or not you have a simple bankruptcy. I have had many clients that I thought had a simple bankruptcy, only to find out during the 2-3 hour appointment to prepare the bankruptcy, that the case was more difficult than first appeared. I have been contacted by at least three dozen debtors in the past 29 years that have used selfhelp guides and low cost bankrupty petition preparers to prepare their bankruptcy for advice on how to correct problems with their bankruptcies. Most of the time the damage is done and I can't help them. In Colorado, I have sued several low cost non-attorney bankruptcy petition preparers for multiple violations of the bankruptcy code and helped get one banned from engaging in the unauthorized practice of law by the Colorado Supreme Court (unfortunately he is still operating under his son's name). For a truly simple chapter 7 bankruptcy I charge $799 in attorney's fees, which is only slightly highter than the fees charged by the non-attorney bankrupty petition preparers.
Answered on Nov 11th, 2011 at 11:53 AM

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Being your own attorney involves risks. At the minimum you should take your papers to an attorney to review prior to filing. Judgments or lawsuits must be listed. It is more important to seek legal advice than it is to worry about whether a lawsuit will go to judgment before filing bankruptcy.
Answered on Nov 11th, 2011 at 2:29 AM

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Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA at Law Offices of Robert Parkinson Taylor
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I'd recommend "Chapter 7 Bankruptcy," by Nolo Press. I believe you should hire an attorney but if you want to do it yourself, Nolo Press generally produces the best self-help books.
Answered on Nov 11th, 2011 at 12:58 AM

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Bankruptcy Attorney serving Roseville, CA at Gingery Law Group PC
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Depending on the District Court in California that you are filing your bankruptcy in, you can find self-help information on each of the District Court's website. If you are in Northern California and qualify as low-income, you can contact the Voluntary Legal Services of Northern California. VLSP of Northern California runs a free bankruptcy clinic where you they can also answer your specific questions.
Answered on Nov 10th, 2011 at 11:52 PM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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Try the South Carolina bankruptcy court website; I honestly don't know where else to tell you to look as I'm not familiar with where people can find "self help" materials. You can still "lien strip" a judgment creditor in MOST cases; be sure to ask an attorney that question so you can get some guidance on what type of creditors are threatening legal action and what recourse they have in BKY.
Answered on Nov 10th, 2011 at 5:03 PM

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Criminal Defense Attorney serving Summit, NJ at Stephen P. Dempsey Counselor at Law
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Check the bankruptcy court website.
Answered on Nov 10th, 2011 at 4:30 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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Nolo Press in Berkeley (do a Google search) has a pretty good book on Chapter 7 that you can buy for about $40 I think. You should not file without at least getting that book and reading all the relevant Chapters. There are other similar books on the market that you can get or borrow at a library but you need to be fully informed of what you are going to do before filing the case. You already know you should not file without a lawyer but getting a book and learning the basics of bankruptcy law and procedures is the next option if you cannot definitely afford a lawyer and cannot wait for free legal assistance.
Answered on Nov 10th, 2011 at 4:12 PM

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Estate Planning Attorney serving New York, NY
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The court clerk in each courthouse has a pro se clerk to help. But, if you do not know this, you are really out of your league on this one, and risk screwing the whole thing up. I don't know how to change the oil in my car, but I know where the gas station is, and I recognize I need a mechanic.
Answered on Nov 10th, 2011 at 4:11 PM

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