Do-it_yourself (bankruptcy) kit

Discussion in 'Credit Talk' started by HAZ, Apr 16, 2004.

  1. HAZ

    HAZ Member

    Has anyone use one of these to file for bankruptcy?
     
  2. DanS

    DanS Well-Known Member

    There are a few things I want to pay someone to do. Towing my car, brain surgery and filing a bankruptcy correctly would be up there on my list.

    The cost of doing something incorrectly is huge. I paid $900 for my attorney, thought it was pretty reasonable for the time we spent conferring and revising/updating the schedule. My BK involved a large IRS debt, so it HAD to be done correctly. Get references.
     
  3. charline

    charline Active Member

    I agree about using a lawyer for filing bankruptcy! Ours was complicated and there were so many different papers that had to be filed in a timely fashion. I paid 2000 dollars(600 up front and the rest was paid out) and it was worth every penny!
    There are some people who feel confident in their ability to figure out all the legal jargon and they have time to file all the paperwork and then follow up on the creditor's appeals and disputes. I was not that confident and I certainly didn't have the time it took to do all the footwork. I do commend those who have done their pwn filings....I just know my own limitations!
     
  4. SillyLilly

    SillyLilly Well-Known Member

    I used an attorney for a ch 7 also, and wouldn't have done it any other way. However, if you're determined to do it yourself, go to your state's website and find the bk dockets. It'll probably be under either Pacer or Racer. Go back several months and read the filings to find out what the trustees are objecting to in your area. For instance, I saw that the trustee in my area had objected to a $90 ISP bill and a $50 entertainment budget for a single filer.

    If you decide to use an attorney, this is a good way to find an experienced attorney, too. Just look through all the filings and interview the three or four attorneys that have filed the most bks in the last 4 months or so.

    Here's a page with links to all state bk websites.
    http://www.credittoday.net/public/department53.cfm
     
  5. clc

    clc Well-Known Member

    HOZ,
    I have posted on your FL & Bk thread so I won't be redundant. The posters above are on point. In my post I said irs taxes cannot be discharged but there are exceptions in both a bk 7 and a bk 13. Essentially the exceptions in a bk 7 are the returns are older than 3 years and 288 days beyond assesment. In a bk 13 the same rules apply except in a 13 you can get unfiled returns or fraudelent returns discharged if they meet the same criteria..3 yrs and 288 days passed assesments. This would not include irs debt that had an installment agreement in place or after an OIC (offer in compromise).

    Even with all my experience with bks I usually had at least 3 meetings with the debtors and 4-6 hours preparing and editing their filings. Plus I had the advantage of using bk software which made the preparing of schedules and paperwork much easier. I also worked for bk attorneys who would do a final check on the entire filing in order to catch anything I might have missed.

    clc

    clc
     

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