We don't have any secured debt, I was thinking of filing myself to save the 4000+ the attry wants to charge us, has anyone done this? Can you tell me what the pros/cons to this are?
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Originally posted by DUMBAGAIN View PostWe don't have any secured debt, I was thinking of filing myself to save the 4000+ the attry wants to charge us, has anyone done this? Can you tell me what the pros/cons to this are?- save bunch of money
- you're your own lawyer
- get to dress in a nice suit at court
- get to read volumes of cases
- any mistakes are your own
- Courts actually are a little easier on pro se debtors (See Swofford v. Mandrell, 969 F.2d 547, 549 (7th Cir. 1992) (pro se litigants pleadings must be liberally construed); and Palmer v. City of Decatur, 814 F.2d 426, 428-29 (7th Cir. 1987))
Cons:- you make a mistake, you made a mistake
- some mistakes are costly (exemptions)
- you are your own lawyer
- knowledge of Federal Rules of Bankruptcy Procedure
- knowledge of Local Rules
- knowledge of Federal Rules of Civil Procedure
- (but for all those, courts still liberally construe your pleadings and correspondence)
- you appear in court more than you would otherwise
- you may be mistaken for a lawyer (in your fancy suit)
- you need to really understand Title 11
However, I'd add that since you don't have secured debt, it would be easier for you. This is because you wouldn't need to deal with valuation and liens and arrearages.
Your problem is, that if you have any sort of DMI, then you'll probably end up paying 100% to unsecured creditors.
Can you provide more info on your general situation.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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