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Where do you go to file bankruptcy w/o an attorney?

Discussion in 'The Lounge' started by PetaKane, Sep 26, 2002.

  1. PetaKane

    PetaKane 1/2 ton status

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    Today I'm going in against my will to file for chapter 13. I'm gonna go try to file without an attorney, does anybody know where you go to file?
     
  2. 8_YOUR_H2

    8_YOUR_H2 1/2 ton status

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    I think they have do it yourself legal kits at Officemax.
     
  3. shane74

    shane74 1/2 ton status

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    Dude DO NOT FILE a CH13!!! I cannot stress this enough! I went through the same thing about 8 years ago. If I had known then what I know now I never would have done a ch13. Basically, a ch13 screws up your credit for the next 7-10 years the same as a ch7. To me a ch13 is an oxymoron. You file a ch13 because you can't pay everyone, but then when you file, the judge (actually it's a federal "trustee") says ok, you can't pay so...pay a lesser amount, we'll just reduce the interest for you. You still end up paying every dime you owe, but over a longer period of time. It was very humbling having $400+ a month garnished. Every paycheck made me feel like a loser. There is also a positive to filing a ch7 instead of a ch13 because as soon as you file, you are debt free. You will get a chance to start rebuilding your credit within months of filing. You'll get credit cads and stuff in the mail and all you have to do is call a number to activate them and you ahev credit again. The reason for this is that the banks know you cannot file again for another 7 years. You now have "disposable" income. They'll gamble on you 'cause they're greedy. If you file a ch13, you won't get squat for credit chances until it has been paid off for at least a year or two. Think about it, thats could be up to 7 years on a cash only basis! A lot of banks won't even let you have a savings account with them if you have any kind of BK, especially an active one! Like I said, If I would have know better, I'd have done the ch7 and been done with it. The ch13 was more than 5 years of hell.
     
  4. redbeast

    redbeast Registered Member

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    I JUS HAD TO FILE CHAPTER 13..DIDNT WANT TO DO IT ! BUT IT WAS THE ONLY WAY TO SAVE MY HOUSE.... CHAPTER 7 WONT DO THAT... Sorry I didnt notice I had the cap lock botton pushed.....It works good for some reasons an not for outhers. You jus have to fiqure which one works best foe you..
     
  5. shane74

    shane74 1/2 ton status

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    I completely understand that scenario. That's the only way you can keep your home when you file. I guess I wasn't thinking about that /forums/images/icons/shocked.gif /forums/images/icons/crazy.gif . The ch7 works great for people who don't have anything of value /forums/images/icons/grin.gif ! At the time, we had an '84 buick and my '79 blazer (wish I still had that one!). That was it so in our case the ch 7 made better sense. We just sold our house to avoid going BK again. Since my wife lost her job, it's been a hard row to hoe. The best option was to get out for the time being. We'll build latter on when we can. I really liked my place, but if you can't afford, you just can't, ya know? /forums/images/icons/frown.gif /forums/images/icons/crazy.gif
     
  6. PetaKane

    PetaKane 1/2 ton status

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    If I file CH 7, can they take my truck away from me? It's the only transportation I've got, an 87 K5 Blazer
     
  7. 8_YOUR_H2

    8_YOUR_H2 1/2 ton status

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    I know you can reaffirm on secured debt like a car, boat, 4 wheeler..etc and still keep the stuff and pay for it over time. I could swear you could reaffirm on your house too in a ch7 bky.
     
  8. sarazk5

    sarazk5 1/2 ton status

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    I think it depends on what state you live in. I live in California. I filed chapter 7, because of my divorce. My ex was trying to screw me on a lot of things. I filed chapter 7 and got everything released from my name. They didn't even try to take my car. I believe you can claim a homestead on your house to keep it and the equity in it safe. Funny thing is.. my ex tried to file bankruptcy after I did and he was DENIED.. he makes too much money. So now he has to pay for EVERYTHING! HAH! /forums/images/icons/grin.gif I can be such a BIATCH sometimes... Hey look.. did you notice I'm orange? hehe
     
  9. uglychevyZZ4

    uglychevyZZ4 3/4 ton status

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    yes they can, but not if you dont owe on it, it goes against the morals of the court to leave you w/o wheels to work further in your life. and you need an attorney. a perilegal can do it, BUTTTT if anyone you file against disputes it, a perilegal cannot step in to defend you, only an attorney can. and w/o an attorney, they WILL DISPUTE IT.
     
  10. sarazk5

    sarazk5 1/2 ton status

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    I paid a paralegal to do all my filing and paperwork = 200.00 including filing fees.

    Then I paid an extra 125.00 for an attorney to go to court with me.

    So 325.00 total. And I wiped out about 30K in debt. I have already re-established my credit. In 6 more months I'll be able to buy a house in my name :-P
     
  11. shane74

    shane74 1/2 ton status

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    I called an atty acquaintance and asked about this yesterday. They will let you keep one car you owe on and your home. They cannot force you out of your home IF you have kept current on your payments. If you are behind (like delinquent or in foreclosure) then they might take it. I'd talk to an atty. Some offer a free consult, others make you pay like $50 or so. I'd say the professional legal advice is worth the $$.
     

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