I was in Chapter 13 for 18 months and was confirmed in about month 5. Filing pro se can be intimidating and I have nothing but respect for my Chapter 13 Trustee and her staff, my Judge and her clerks, and my Chapter 7 Trustee and his staff. All were very professional.
The key to any successful pro se case, is doing things right the first time. Make sure your paperwork is impeccable. You need to:
- type up your petition and schedules
- be meticulous and answer everything that needs to be answered
- make sure all forms are complete and included
- don't forget LOCAL forms
- include ALL your property on your Schedules A-F!
- avoid deficiency errors
- make good friends with your case manager
- leverage your case manager
- show up to hearings and the 341 Meeting dressed based on your financial ability, but dress as though you came there to do business... not work out at a gym. (When you show that you respect the Court... they respect you right back. I have read of one Florida BK Judge that won't even address people not in proper business attire... men in coats and ties!)
- Know your case inside and out! During one hearing the Judge and my creditor's attorney were looking for a document and I quoted the Document number on the Docket from memory. Noting that my docket has over 200 entries on it and many of the same type! This will always impress the Judge and put any adversary on notice that you KNOW your case inside and out.
- know the law. What else can I say. You need to know what you're talking about and especially you need to know the law when writing papers and asking for relief.
- know the rules. You need to know the Federal Rules of Bankruptcy Procedure (FRBP) as if they were the ten commandments. They are.
- be prepared. When you attend a hearing, especially an evidentiary one, be prepared with exhibits, exhibit cover sheets, and, most importantly, the appropriate number of copies for the clerk, judge and any parties in interest... including yourself!
- know the District. Every District has their own practices and local rules. Know them.
- know your Judge. Read your Judge's interview sheet on how they like things. Review their cases, especially around the motions that you are involved in. Learn how they rule. There are simple things like whether it's okay to send a courtesy copy to chambers of a memorandum of law and any courtesy copies of cases referenced in your memorandum.
- attend court. Look at your District's calendar for your Judge. Pick a day to go watch some cases. Make sure you tgo through the specific cases and maybe print up some of the materials (motion or other paper) prior to going. Research the case a little, then attend. See how your Judge rules!
There's a lot more I want to talk about, and this is just the beginning for today. I'm still in the middle of an Adversary Proceeding (AP) in which I'm the plaintiff. That's another topic and is in another Blog. I hope to update that soon.
i just can't or couldn't see the court or trustee's breathing down my neck for the next 3-5 years and the likelyhood of us making big money again is simply over...i didn't want to be in and out of court when we either increased or decreased out income...or if somehow our situation changed.
justbroke i have to ask you...why is your case still open???