LadynRed

Bankruptcy Articles - Various Subjects

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I know this is a response to an old post, but while I respect the OP remarks regarding filing BK Pro Se, I believe that one must look at the complexities involved in one's particular reason(s) for filing before doing so Pro Se.   My reasons were IRS related and I would have not taken on the IRS regarding discharging back taxes owed.  This is a daughting task and believe me, requires the expertise of an experienced BK attorney who deals with these sorts of issues in bankruptcies.

 

So while I agree that most BK filings are pretty straight forward, requiring little legal skill to accomplish a successful discharge, I still believe that at minimum consulting an experienced BK attorney is highly recommended.   Having gone through the process and witness to some of the issues that arose with the trustee regarding information on schedules, financial records, etc filed during the 341 meeting of other debtors who were Pro Se, I would say be sure you know what you are doing.  

 

I even saw Pro Se debtor who had been "helped" by a friend who was a paralegal in a law firm with their BK documents get a bit of a lashing with questions as the schedules were not in order and the trustee did not like that too much.  Even remarked to the paralegal and pointed out the errors, etc with the schedules filed.   Remember, the 341 meeting is done in front in a room full of other debtors and attorneys for all to witness.  Not a pleasant experience for them.  A bit embarrassing to say the least.

 

In short, pay the extra $ and retain an attorney if your BK case is even the bit complex as this will save you a tremendous amount of anguish that you may otherwise experience in going through the BK process Pro Se.   Just think things through.

 

Been reading a bunch about "getting a lawyer for bankruptycy", and, in general, I could not disagree more. No, a lawyer is NOT necessary, or even desirable. How do I know? Been there, done that. How do I know? Two people I know filed pro se, one of them 75 years old. No problems. None. Zilch.

Fact: The overwhelming number of BKs are granted, as high as 98% plus.

What I read and hear seems to be "scare tactics", mostly, so that lawyers have this rather facile addition to their incomes. The classes required? They can be taken easily online. The forms? Either a person can obtain them free from the Federal Courts' websites; or, if so inclined, purchase a form packet at a office supply store, with instructions included. And there are websites who will fill out the forms for about 499.00 or so. Still too much, but far better than an attorney's ridiculous fees for filling in the blanks with the information you supply him or her.

Often, an attorney's selling point is that he or she will "represent" you in the creditor's meeting, a meeting that takes less than ten minutes, and rarely if ever, has a creditor present. And often, the attorney showing up, sitting gallanty at the side of the debtor, will have been one "sent from the office", one who may not have even met the debtor, previously.
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Bottom line: Homework. Don't be intimidated. One step at a time. Save your money by going pro se.

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Have a ? or 2 regarding an auto loan while in chapter 13.  Filed for BK in 2011 and everything was as planned until I started to do some checking on options for an upside down vehicle and how paying the very high monthly payment wasn't helping credit or me so decided to stop making payments.  Creditor got BK judge to issue motion ( or some such legal plan) allowing the creditor to reposess the vehicle.  I tried to renegotiate terms before this took place and they wouldn't deal, but now that the judge has ruled what are my options if I don't want to turn the car over?  It is in a very safe place that a repo truck can't get to so I'm kinda holding out thinking they'd rather have something than nothing, but just not sure what rights I have, they have etc.  Any help appreciated.

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Have a ? or 2 regarding an auto loan while in chapter 13.  Filed for BK in 2011 and everything was as planned until I started to do some checking on options for an upside down vehicle and how paying the very high monthly payment wasn't helping credit or me so decided to stop making payments.  Creditor got BK judge to issue motion ( or some such legal plan) allowing the creditor to reposess the vehicle.  I tried to renegotiate terms before this took place and they wouldn't deal, but now that the judge has ruled what are my options if I don't want to turn the car over?  It is in a very safe place that a repo truck can't get to so I'm kinda holding out thinking they'd rather have something than nothing, but just not sure what rights I have, they have etc.  Any help appreciated.

Your options:

 

1.  Find a way to immediately pay the balance owed on the contract or

2.  Return the vehicle to its proper owner  - the lender.

 

The lender has obtained an order lifting the protection of the automatic stay.  If you try to hide the vehicle or try to hinder the lender's ability to recover ITS property you could be found in contempt of court and get your entire bk thrown out.  Further, depending upon your state's laws, you could be committing a crime.  Bad idea either way.  Give the vehicle back to its proper owner.

 

Des.

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On top of the previous posters information, if the creditor has reason to believe that you are hiding the vehicle in a location the repo man cannot access, they can to go the local court and get a writ to have the sheriff go with the repo man to where the vehicle is located and the sheriff can, by force if necessary, make the vehicle accessable.

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Filing he bankruptcy case without the help of (...link removed...) can cause problems because they know all the legal rules of filing and one minor mistake can affect your case. So before filing the case first consult with attornety.

Edited by willingtocope
Solicitation.

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