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Old 04-08-2010, 08:40 AM
 
Location: The beautiful Garden State
2,734 posts, read 4,149,010 times
Reputation: 3671

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Due to tremendous difficulties I have suffered in the past few years, I am thinking of filing for bankruptcy. I simply cannot afford a lawyer (I can barely afford the filing fees), so I am probably going to have to do it myself. My boyfriend will help me, although he's a medical school graduate instead of a law school graduate. He's researching everything thoroughly right now. He plans to be my "lawyer." I'm just nervous that if we do something wrong, my petition for bankruptcy will be denied.

Has anyone here filed for Chapter 7 without a lawyer? I have read that it is very complicated, especially since the laws changed in 2005. I have heard that I must complete some kind of credit counseling before filing. Does anyone know about this? How long does it take?

I don't own a home or a car, so my case is probably fairly simple. I have no real assets to protect, except maybe my furniture, a 5-year-old laptop, and many books. I live in a tiny room. I do work full-time, but make a pathetic salary (less than $25,000).

I am asking because one of my creditors just filed a lawsuit against me. How do I answer this lawsuit? I have to reply within the next few days!

Thanks so much to anyone who can help me and give me sound advice.
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Old 04-08-2010, 08:55 AM
 
Location: Savannah GA/Lk Hopatcong NJ
13,400 posts, read 28,717,395 times
Reputation: 12062
I know my daughter due to high medical bills did it on her own but that was prior to new laws.

She was able to download all the forms and just pay the filing fee as she could not afford a lawyer either.

I'm sure there is someone out here on CD more versed in the current laws and will respond.
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Old 04-08-2010, 11:19 AM
 
Location: Toms River, NJ
1,106 posts, read 4,897,408 times
Reputation: 656
There are a couple of good credit help boards on the web. Do a little searching and you will find the info you need for answering the summons you were served (be sure you were actually served by the court - some creditors will send some very convincing paperwork that looks like a summons hoping that they will scare you into paying). Don't get me wrong, I believe in paying what you owe but I do not go for the sleazy tactics used by some creditors. Answering the summons is not too difficult but researching and understanding the proper way to answer can be complicated. You can probably also find info about the bankruptcy on those credit boards also. I will PM you a link.
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Old 04-08-2010, 11:31 AM
 
Location: all over NJ-currently in Totowa
315 posts, read 871,237 times
Reputation: 135
If you must file Chapter 7- I would do it with a lawyer. Even though they make you do a lot of the leg-work.----They do all the legal stuff that needs to be done with all the information they make you run around and dig up
Once the collection agencies see that you have a lawyer -all thier correspondance with you stops- and if they,re are any liens against you or your paycheck starts to get tapped-or your bank acct gets hit> they make all that stop also.-
If you can find one cheap enuff , I would use a lawyer.- but thats me- - best of luck- I feel ya

Average including the filing fees 1500-2500 depending on your situation. Most want a chunk -then they will take payments
I do know someone who found a lawyer in Passaic who did hers for a grand. 500 -then 100 a month.I guess you really gotta look- but if your already having a lawsuit filed you have to look kinda quick.

Last edited by tceffo; 04-08-2010 at 11:45 AM..
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Old 04-08-2010, 11:40 AM
 
Location: Edison, NJ
89 posts, read 444,648 times
Reputation: 36
You might want to consider contacting the NJ State Bar Association and ask for a pro bono referral. Don't know if they do that or not. You might also want to see if Legal Services of NJ can offer any guidance or if either Rutgers or Seton Hall law schools offer any Bankruptcy Clinical Programs. I thoguht that Corzine created some type of legal assistance program for bankruptcy, but maybe I'm mistaking that for foreclosures. Also, I'm not sure that your doctor friend can be your "lawyer"... This all may seem insurmountable, but with time you'll sort it out.
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Old 04-08-2010, 01:56 PM
 
Location: The beautiful Garden State
2,734 posts, read 4,149,010 times
Reputation: 3671
Thanks for everyone who has replied so far. I wish that I had money for a lawyer, but I have nothing at this point. I will have $3.00 in the bank tonight, so paying thousands of dollars to lawyers is out of the question. I don't know if lawyers do "pro bono" cases for bankruptcy.

Are there any lawyers here who would know?
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Old 04-08-2010, 08:04 PM
 
Location: The beautiful Garden State
2,734 posts, read 4,149,010 times
Reputation: 3671
Any bankruptcy lawyers on this forum?
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Old 04-08-2010, 08:19 PM
 
Location: 112 Ocean Avenue
5,706 posts, read 9,627,328 times
Reputation: 8932
This might help you.

http://www.njb.uscourts.gov/file_wo_...er7_pro_se.pdf
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Old 04-09-2010, 04:42 AM
 
Location: South Jersey
7,780 posts, read 21,872,134 times
Reputation: 2355
sorry I have nothing to help you, Jersey memories, but good luck.
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Old 04-09-2010, 05:08 AM
 
Location: all over NJ-currently in Totowa
315 posts, read 871,237 times
Reputation: 135
Finding cheap or even free bankruptcy attorneys may seem like a daunting task, but a cheap bankruptcy lawyer could be found as close as a local school of law. Many law schools offer public clinics directed by legal professionals. These clinics vow to offer law students the chance to gain valuable experience while providing low or no cost advice to the general public. Students at public and private universities may also obtain free or low cost advice from future lawyers attending a university law program under the supervision of a qualified expert. These legal services are typically offered on per semester or per term basis to students and their families. The advice given by the supervised law student will range from general in nature to a full walkthrough of the legal process. Search for local law schools on the Internet or in a local phone directory and then contact them for information on times and locations of public legal clinics]

Wadda got to lose ??- check it out *
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