Should I file Chapter 7 bankruptcy myself or hire a lawyer?

S

Sunshine

New member
I have been sick over a year. I have been battling it out with social security and have not received any income since my illness. I do not own any property, not even a car. It got repossessed during my illness. I had to break my lease and stop paying my credit cards. My total debt is around 80K. My credit is devastated. I found out my former landlord intends on getting a judgement. I have no money, but am allowed to live for free right now because of my parents. I'm 26. I went to law school for 2 years before I got sick. I bought a NOLO book on bankruptcy, but it seems like the process is stressful and confusing. I don't have the money to hire an attorney. Nobody else has tried to sue me yet. My family said they would pay up to 2K for a bankruptcy lawyer as like a birthday/christmas present, but I feel bad because they have already been paying for so much (my medical bills, me living in their house). Should I file this myself, wait, or get the attorney? There is no way I can pay all these people back at this point.
Oh I have a free consultation on Monday.
 
A few points:
- As long as you are unemployed without money or assets, then you are "judgement proof." Non-existent wages cannot be garnished....so as long as you remain unemployed and without any money, then there is really no point in any creditor taking you to court because their judgements would not be enforceable. Tell your landlord that you are "judgement proof"
- If any of your debt involves student loans, then you need to understand that student loans cannot be discharged in Chapter 7.....student loans can never be discharged in in BK.
- If you eventually get SSDI....then your SSDI would be exempt from garnishment and you would still be judgement proof

I would contact the local free legal aide society in your community first....I'm sure that they would tell you exactly what I said about being judgement proof.

To confirm: If you currently have no job and do not anticipate having one in the near future and you have no substantial amount of money or assets, then you are judgement proof and you do not need to even think about filing for Chapter 7 right now. I would advise canceling your appointment with the bankruptcy attorney and I would encourage you to make an appointment with your local free legal aide society. They will be able to confirm the info that I just gave to you. Contact your local Red Cross for a referral.
 
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