by Raymond Bilodeau

Created on: November 21, 2008   Last Updated: February 07, 2009

Getting do-it-yourself legal tips from non-lawyers who may just by sheer luck have avoided problems is dangerous. The old saying that a person who represents himself has a fool for a client is true. There are a lot of places to get forms and books, but no place to get years of experience and formal training.

Having said that, I have for twenty years or so offered The Help Yourself Lawyer service, in which I either help people complete legal forms correctly or prepare the forms for them without representing them. I have had few clients for this service, which amazes me.

If you are going to use forms, get them from the court or from the court's website, if there one. "One-size-fits-all" forms are traps for people who are not aware of the local, state or federal rules that apply.

Bankruptcy

A few states still have state bankruptcy courts, but for the most part, bankruptcy is a federal court system and procedure. If you use the state court, you may find that a non-state creditor's debt was not discharged because there was no personal jurisdiction over the creditor. There are many "legal technicalities" you need to know about when it comes to state bankruptcies.

While federal bankruptcy uses forms that are available online (search for [your state] bankruptcy court) for Chapter 7, you may or may not be able to use the federal exemptions, and a few states allow you to choose federal or state exemptions. You have to know what they are and apply them to your assets to determine which would best for you. The new bankruptcy law changes require a period of residency in a new state to claim the homestead exemption, so you need to know about that if you have moved.

DIYers also often have a problem including certain creditors, especially doctors and dentists, but also friends, family members and people they do not want to "file bankruptcy" on. Bad idea. All creditors must be listed. Even ones you are current on. The only ones you can leave out are the ones that have a zero balance. And if you pay one creditor more than $900 in the three months prior to filing (except secured loans like mortgage or car payments, you must disclose those payments and the trustee can get that money as a "preference." There are different limits for payments to friends, family and "insiders."

If you want to do bankruptcy on your own, go to a law library that lawyers use if one is available, or the largest public library you can get to. Use the form books the lawyers use (yes, they use form books). If

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