Chef Steve asked:
I need to file bankruptcy. I understand what this means. I have my reasons and I need to do it as cheaply as is possible. So far all my answers tell me to hire a lawyer or to use a credit company. This is not what I’m asking. I want to do it alone and on my own.
I need to file bankruptcy. I understand what this means. I have my reasons and I need to do it as cheaply as is possible. So far all my answers tell me to hire a lawyer or to use a credit company. This is not what I’m asking. I want to do it alone and on my own.
November 3rd, 2009 at 4:54 pm
I know you don’t want to here this…..
Prior to 2003 it was a little easier to do your own bankruptcies…and many attorneys did them because they were not all that complicated (once you did a few of them).
The laws changed in 2003, and a huge burden was placed on attorneys to do them right or they could be held liable. That includes verifying the accuracy of the info their clients gave. Because of that, a lot of attorneys quit doing them “on the side”.
But the main change was lots of new rules and procedures. If you miss one filing date, fill in the form wrong, or do any of a million things, then your bankruptcy will be dismissed and you have to file all over again….in 6 months. During this time your creditors are going to work like crazy to get their lawsuits filed and collected whatever they can before you have the chance to file again.
There are no “oops” clauses. The trustee will not give you a break (like in small claims court) because you didn’t understand the law. Mess up and your case is history.
I know someone who had their BK dismissed, and the very next day the repo guy came and got their car.
The creditors have their attorneys…..those guys do know the law and know every angle on how to trash your filing.
Therefore, I must once again recommend you consider getting an attorney. If you can not afford it, there are rules written into the bankruptcy laws that will waive fees in the event you can not afford it. Your attorney could tell you if you qualify.
I’ve read the do-it-yourself books and look over the forms. They are very confusing. And I have seen a number of cases where the person hired an attorney, and even them the case got screwed up due to an administrative error. This was especially true in 2004-5 when many people were in a mad rush to file before the new rules took effect, and the attorneys were way overloaded with cases.
That said….read the links the first responder gave you and good luck.