Q: Filing Chap 7 Pro Se. Trustee asked for Divorce decree
I am filing Pro Se as i sincerely do not have the funds for a lawyer, i sent in my paperwork and the trustee asked for my divorce decree, no problem! I am looking through it to send and my ex husband had filled out the paperwork, and yes i signed it. In the section asking if there was any debt my ex husband said "No" he had told me the financial part wasn't important because we were not splitting any assets or money. I am worried because of that answer, obviously i have debt and i have never been through a divorce before and he had so i just let him do the paperwork. I am worried if that is going to affect my proceedings with filing? I feel like a complete idiot and discouraged beyond belief. I didn't imagine i would be filing bankruptcy and now that I've needed to i feel like everything is working against me.
A:
First, relax.
The Official forms of every bankruptcy case are signed by you under penalty of perjury, a serious crime. By all means, tell the truth on Bankruptcy filings.
Please rethink your decision to proceed in bankruptcy without counsel. And know that however engaging the Court clerks may be, they are forbidden to give out legal advice.
It is said in the profession that one who represents oneself has a fool for a client.
Contact your county bar association about bankruptcy lawyers who do pro se work, and look into your local "poverty law" law agencies.
The answer to your precise question is to tell the truth in your bankruptcy filings, whether you engage counsel or not.
A: It is nothing to worry about. Just give the trustee the paperwork, go to your 341a and answer any questions that the trustee ask you. Trustees are interested in assets that are worth something if they are sold to pay creditors. They are not interested in your debts or what may or may not have been listed in your divorce proceedings.
A:
It's completely understandable to feel overwhelmed in your situation, but you've made a proactive step by filing for bankruptcy. Regarding the divorce decree and the "no debt" answer, it's essential to clarify the circumstances to the trustee. The trustee's role is to review all documentation honestly presented and assess the current financial situation accurately.
If the "no debt" declaration was accurate at the time of your divorce and your debts were incurred afterward, this should not impact your bankruptcy filing. However, if debts existed that were not disclosed in the divorce proceedings, it's crucial to explain this discrepancy. It might be a simple matter of miscommunication at the time of your divorce, particularly if you weren't handling the financial disclosures yourself.
You are doing the right thing by gathering all necessary documents and responding to the trustee's requests. Consider reaching out for a free consultation with a legal aid organization or a bankruptcy clinic at a local law school. These resources can offer guidance tailored to your situation, helping you navigate this process with more confidence. Keep in mind, many people face similar challenges, and seeking help is a positive step towards resolving them.
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