To file an emerg. ch 13 without an attorney how many forms do you need

Asked over 2 years ago - Newport News, VA

where can I get samples of these forms already filled out? I want to stop a foreclosurer

Attorney answers (4)

  1. John Gerth Merna

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . A Chapter 13 Reorganization is a very complicated process. The completion or success rate of attorney-assisted filings is only 30%. You can imagine that the success rate of cases filed without an attorney is much lower. The fact that you are asking the most basic of questions put your odds at the lower end or close to 0% chance of success.

    You shouldn't take this personally because there are attorneys with three years of law school that couldn't do much better.

    What you need to understand is that the filing of a Chapter 13 can be affordable if you find the right attorney. We accept payment of most of the attorneys fees through the Chapter 13 plan. Don't waste your time and money on filing a case that is kicked out immediately due to improper froms, lack of information, incorrect calculations on the mandatory plan, etc.

    Call an attorney in your city or call us just to find out where you stand and what can be done. The consultation is free.
    John G. Merna, Esq.
    The Merna Law Group, PC
    739 Thimble Shoals Blvd., Suite 704
    Newport News, VA 23606
    (757)340-4070
    www.MernaLaw.com
    jmerna@mernalaw.com

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires... more
  2. Walter C Oney Jr

    Contributor Level 17

    5

    Lawyers agree

    Answered . Don't do this by yourself. You will inevitably screw it up and have your case dismissed. The next time when you file (hopefully with an attorney) you may not be able to get the automatic stay extended so as to prevent the foreclosure.

  3. Alan D. Walton

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . First, you should have an attorney. You can go on the court's website and search for a recently filed case to see what you need. But this is not something you should do without an attorney. The law is very detailed about what you need to do, and without someone who knows what you need, you could very well mess up your case. You need a petition, a matrix, a statement of social security number, Exhibit D, with a Credit Counseling Certificate, any local forms that are required, and the ability to file all other required documents within 14 days. Failure to do so will result in a dismissal. Then if you try to file another case, you will have no automatic stay in 30 days unless you file an appropriate motion. Do you really want to risk your home by avoiding a few thousand in attorney fees? If you have not been paying your mortgage, there should be funds available to get one. Go to www.nacba.org and find one nearby. Good luck - you are proposing do-it-yourself surgery because you do not want to pay for the expertise. You will get what you pay for. You need an attorney to assist you!

  4. Kevin Kennedy Gipson

    Contributor Level 12

    4

    Lawyers agree

    Answered . Filing a Chapter 13 by yourself is going to be next to impossible.

    But in answer to your question you would need to file the Petition, Exhibit D with Certificate of Credit Counseling attached, Social Security Number Statement and a Creditor's Matrix.

    Your Bankruptcy Court probably has the forms on its website.

    But please, get an attorney. Chapter 13 are very hard to do correctly, and there are bankruptcy attorneys that don't do them, restricting their practice to Chapter 7 bankruptcy only.

    The information provided is not intended as legal advice. No Attorney/Client relationship is intended, implied or... more

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