I've taken over a number of cases where a debtor prepared and
filed the various bankruptcy documents without the help of an
attorney. Apart from the fact that the schedules generally have
to be completely redone (the exemptions are usually wrong, debts
are not listed, assets are not listed or are listed or valued
incorrectly, the Statement of Financial Affairs is incorrect, and
the budget is generally wrong), a number of these people lost
their homes as a result of not being advised about what was
required, how the process worked, how to value assets, how to
deal with various types of debts, etc.--something an attorney is
required to do.
Others ran into severe problems at the Meeting of Creditors,
where they have no one to turn to for preparation or advice,
Generally, pro se debtors don't know what the Trustee is looking
for, or how to properly deal with the Trustee's questions and
concerns. One ended up being charged with bankruptcy fraud--all
because she didn't understand the effects of what the information
put in their schedules meant.
Bankruptcy is a very tricky area of the law (even to attorneys
who don't regularly practice it). Interestingly enough for a
federal system, it is very state and locality specific. What will
work in California, for example, probably won't fly here in
Maryland.
Do yourself a big favor--see a lawyer.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Scott Glenn" <ag_blacklist@yahoo.com> wrote in message
news:d06d8dd7.0307302122.4d729a17@posting.google.c om... My girlfriend and I are trying to prepare a pro-se bankruptcy
chapter 7 filing. The only item we are confused about is the fact that
her ex-husband, who is under a child support order after their
divorce, has not paid her any money since 1996. (She doesn't want
problems with him so she hasn't tried to get the money.) Does this
non-payment of support need to be placed on the petition, as part of her
personal property? There is an item on "Schedule B" that asks for alimony and
support to which you may be entitled...I think the the support husband
hasn't paid belongs to her KIDS, not her, and should not be placed on
the petition. She thinks I am wrong, and the trustee will sue her
ex, which she doesn't want. Am I right?
