Can I file for bankruptcy without hiring an attorney?
An attorney isn’t in the budget.
An attorney isn’t in the budget.
I have a relative ("Lou") who is in debt. Lou is in his early 30’s. The debt is more than K. Lou seems depressed, and I believe spends (restaurants, clothes, etc) as an escape from real life. In the past, the family has repaid Lou’s debt without conditions, but every time more debt appears later. This time, the family offered to refinance the debt only if Lou hews to a budget. Lou is resisting the budget since it imposes controls that any adult might resist. Plus, Lou is worried about his life being in too much flux and not being able to guarantee he can live within the budget. The only alternative is for Lou to default on his debt. We don’t really want that because of the long-term implications of bankruptcy. We also worry about pushing Lou "over the edge". There is no drinking or drug problem. There may be a gambling problem. What do we do? Lou refuses to go to counseling.
Hi!
We filed bankruptcy last year. It was final in October and we’ve been doing great ever since-staying on budget and living within our means, cutting expenses-we even moved to a smaller place to save money.
We let a car go into the bankruptcy..but here’s the thing. They won’t come pick it up. They said it’s not worth it to them so when I asked if they would send me the title so we can get rid of it, they said no. So, we have an unused car (we let it go because it needs like 00 in repairs and among other debt we had, this vehicle and payments were burying us financially) that is just sitting here collecting dust.
We thought about selling our paid off car (my husbands work vehicle-old..probably get maybe 00 for it) and putting the money toward fixing up the Kia Sorento and re-registering and insuring it….but we’d much rather sell it if possible but without title I think we are stuck.
I talked to our attorney and she said that there are no laws after the bankruptcy that would force the lender to release the lien and title.
Is there nothing else we can do?
Angel ![]()
Just a note…we will never be able to pay off the lien…the loan still had a balance of a little over k…no way can we pay that off…..:(
I wonder if we can "rent" it to someone…like a family member that needs a car? But then if they got in an accident we’d be liable, huh? Just trying to think of ideas….
Sorry…more details!
We live in California (Sacramento County) if that helps. I like some of those ideas (mechanic’s lien and the storage idea).
Angel ![]()
Been married about 10 years. She’s honestly never been much of a wife. Complete slob and totally irresponsible with almost everything. Now I do all the chores, bills, housework, etc, including vacuuming up after her dog all the time. Not only won’t she help clean, but now she actually leaves the house when I clean because it seems to offend her. I’ve spent thousands of hours remodeling the house, even built a home theater, but she doesn’t lift a finger to help. She is constantly suspecting I cheat on her, and has even accused me. She has become totally negative and mean spirited. She actually uses voodoo dolls on people she doesn’t like, and does a happy dance when something bad happens to them. Seems all she wants is for me to do everything for her. She constantly wants sex, but I have grown very unatractedd to her. She is reckless and irresponsible with the budget. I’ve told her we’re in tough shape, but she ignores me and continues to eat out most nights, and go shopping as if we have an unlimited bank account. We are now at the point that I have to sell the house and/or file bankruptcy. But of course I’m having trouble getting the house ready for sale, because I can’t keep up with the cleaning and maintenance. We have one child, but I’ll do everything I can to make sure she doesn’t get hurt.
Based on some of the answers I should explain more. Yes she has gotten gradually worse. I think it has just kind of snuck up on me though the last year or so. Now it’s become unbearable. I do NOT want to hurt her though. I think she still loves me, and would be lost and devestated without me, so that makes my decision very difficult.
I’ve decided to file for Chapter 7 bankruptcy…my employment hasn’t been steady in the last year and my debts eclipsed my rent even though I was on a debt mgmt company. All my accounts are closed and I haven’t used a card for anything since July (and that was at best a grocery purchase). I’ve been living off of temporary jobs and the occasional two-week unemployment benefit. I’m single, live alone in a small apartment, have no assets (not even a car). I have approximately K in old credit card debt. I’m not a shopaholic…most of the debt was incurred either to help me stay afloat while unemployed (and not receiving UE benefits).
I know bankruptcy will screw my credit, but I don’t really care…I don’t plan on moving anytime soon or buying anything on credit within the next few years. It would be wonderful to be able to put away some savings after paying my bills (00 a month would pay all my bills and allow me a modest budget of disposable income) would feel wonderful after scraping by for years and praying I don’t lose a job.
I can’t afford to hire an attorney, so I’m having a paralegal help me out. I know an atty would be better, but since I have nothing to save (no assets), I figure things would be pretty cut and dried.
At the moment, I am subsisting on temporary jobs and unemployment benefits during the weeks I am not working. A permanent job could come along, but I’m guessing not for at least another month.
wash – you can make payments to an attorney? I visited one early on in my decision and they quoted me 00, all upfront. I’ve heard that if you screw up your paperwork, you cant file for bankruptcy for a whole year, so I realize the value of an attorney…however, I also have a pretty simple financial matter: no assets, no kids, no mortgage.
Yahir – I don’t know if you’re a real person or not since I see a lot of these links, but just FYI – I was working with a debt mgmt company for about three years before I lost a job and could no longer pay them.
I’m single, no kids, never married.
This paralegal is not working for an attorney…she has her own business. She also told me she has filed for bankruptcy herself a number of times….I don’t know if this is a warning sign or it proves that she knows the ropes as far as what to expect.
This year has been extraordinarily difficult and I’ve had to use the money that I was setting aside for property taxes which are due in Jan and Feb. They give you till the end of Feb to pay without penalties. Credit cards and title loans aren’t an option, those have already been tapped this year as has the Roth which was depleted anyways because of previous problems years ago. About the best I could hope for would be to borrow against my 403b but again due to serious problems a few years ago (including being told I would be dead within two to five years by Doctors), I never amassed anything significant there and actually nearly lost track of having it. It would only be enough for maybe half of the property taxes. There isn’t any equity in the home that can be drawn on, I’ve only had it for a year and aside from antique computers, I have nothing to sell. There’s a benefits retirement program but because I had a backup job that reactivated the program when I lost my job in April, I can’t touch that money at all unless I quit my job. Also that money may have gone into the State lost funds thing because I lost track of a lot when I was really sick a few years ago. So now with maybe four months max to save up for property taxes, which means it isn’t going to happen, what’s going to happen when I can’t pay the full bill by the end of Feb? Should I file for forebearance from the mortgage company? The Obama MHA would require an escrow for the taxes to be established, if I can’t save up enough for that by the end of Feb, how could I establish an escrow for that amount? Should I let bills go into arrears to save up for the taxes? Should I just declare chapter 13 bankruptcy?
I should probably add that I’ve lost a third of my income. I had a backup job already arranged when I lost my job in April but it was at two thirds the pay with better benefits. My girlfriend also had legal problems that I sorted out for her but that has left me with a budget that doesn’t balance. I’ll make it balance somehow, I have to. But loosing one third of my wages is loosing over k. I’m in a serious negative cash flow situation. I should be able to pick up some contract work, that should bring in up to 20% more cash but that’s not a certainty. Can’t ask family, sister had a stroke and is about to declare bankruptcy if the hotel folds. Probably need a DMP to make budget work.
I have a relative ("Lou") who is in debt. Lou is in his early 30’s. The debt is more than K. Lou seems depressed, and I believe spends (restaurants, clothes, etc) as an escape from real life. In the past, the family has repaid Lou’s debt without conditions, but every time more debt appears later. This time, the family offered to refinance the debt only if Lou hews to a budget. Lou is resisting the budget since it imposes controls that any adult might resist. Plus, Lou is worried about his life being in too much flux and not being able to guarantee he can live within the budget. The only alternative is for Lou to default on his debt. We don’t really want that because of the long-term implications of bankruptcy. We also worry about pushing Lou "over the edge". There is no drinking or drug problem. There may be a gambling problem. What do we do? Lou refuses to go to counseling.
When my ex and I split up and child support was set up, I made a budget that fit the income. After a few years, my ex quit his job to get out of child support. After finding where he was working and turning it in, he would quit again to move to another job. I used my credit cards to fill in the missing money thinking i would pay it off when he started to pay again. Well that didn’t happen. Now I am filing bankruptcy after cutting everything we used to do out. I will be able to pay the bills with my own income when this is through. My daughter sees that I am stressed and hears the collections calls. Do I tell her the whole truth? I don’t want to seem like a complete failure in her eyes like i can’t handle money and she lost everything she used to do because of my incompetence. We wouldn’t be this bad off if he didn’t run from his responsibilities. But I don’t want to make her hate her dad.
She is 13 years old. Her Dad rarely sees her because it is now his turn to enjoy life since he started to have kids at 20(he is 42 now- and that is a quote from him) He has a 21 year old son from a first marriage living with him who he makes pay all the bills in their house. That son is going to move in with me next month because he has been wanting to go to college but hasnt been able to since all his money goes toward the household expenses(he works 60 hours a week at a little more than minimum wage and he is not my biological child)
This is for the people who asked how much he was in her life and how old she was.
We have been struggling month to month to make our car payment, which has really high interest since Jan. of 2007. At the time the dealers told us most people just take the high rate and refinance after 6-18 months, well we’ve had the SUV for two years now, and no one will refinance, and my husband is getting out of the military which doesn’t even pay enough, but it pays for your housing, so we are looking at a thousand less a month to stretch our budget. I’m wanting to file for bankruptcy, but my husband is insisting we don’t. Is there another alternative?
Me and my Husband both have horrible credit, due to poor choices made a few years ago. Times got really hard and I just had to let things go. Times are not the best, but I am learning how to better jude money, something I had no idea how to do when I first got on my own.
I have two credit cards in collection,3 light bills, 3 cell phone bills, 1 cable bill
My husband has 1 credit card, and a bunch of medical bills
We have 1 loan now that we have been trying to pay on since we let everything go. We are so far behind on the loan, we gave them 650.00 of income tax… didn’t catch us up and intrest is killing us big time. Also unable to pay the full amount each month
the only thing in good standing is my car, and thats been real hard to do and its never on time.
So the loan is my main thing, I have no idea what to do about it, and I feel like I can never catch up
what should I do?
to guy # 2 no i don’t think that is hard, I already do all of that, and I actually have a prepaid cell phone with NO MINS. My house gets paid first, then my lights, then my car ins and then my car note, and then I buy food. Yall don’t understand I have learned my lesson, and I do budget my MONEY. however money is very TIGHT right now !
and to getting a sencond job, thats impossible. My husband already works 10 hours a day and is gone for 14 (driving time ) and he is almost disabled due to a back injury. I work as much as I can but due to babysiter issues can only work so much ![]()
BY THE WAY :
I asked if I should File Bankruptcy
NOT what to do to get out of debt, Because I know how to try and its NOT WORKING ! ! !
I am in the process of filing chapter 13. My trustee recommends that I seek the advice of a lawyer. However, a lawyer is not in the budget right now. The trustee says that only a few cases will be successful without an attorney. Are there any trustees or attorneys out there that could give me a few tips for making my own case successful? Any sure fire ways to be sure I am successful on my own with this case? Any advice would be greatly appreciated. Thanks.
Ive attended the 341 meeting and now I am waiting for the judge to approve. The lawyer has made several mistakes, canceled meetings with me and is not returning my calls. I am really getting concerned. The trustee has already reset my court date due to my budget the lawyer made isnt acceptable to her!
I have really good credit. My fiance made some really bad decisions in the past and has terrible credit. (credit cards, overdrawn bank account car loan …..) We are buying a home . We are planning on getting married next year. I am wondering would it be better for him to consolidate his bills and us try to pay them off or should he just file banktruptcy? We plan on doing something before we get married. We dont have any savings and I have a child and he has three from a previous marriage that he pays support for. My concern about debtconsolidation is that we wont be able to make the payments with everything else we are having to take care of. How bad is a debt consolidation or bankruptcy going to look when we do tie the knot if I have really good credit. Also what kind of affect does that have if any on employment?
I am already buying a home so that is not an issue
I am also being told that chapter 7 and chapter 13 affects your credit in the same way and tat both stay on there for ten years
He no longer has credit cards or bank accounts. All of these things on his credit have been on there since before I met him. I asked for financial advice not for someone to make negative comments about bad decisions made in the past. As for having a budget we already live togather and pay all the bills togather We already have a home that we are buying.
We both work. Who doesnt?