Pro Se Vs. Hire a Lawyer

[tdawg]

Hey everyone,

I am starting to debate whether I should just file pro se. I have read many posts on here where people would have issues with their lawyers not returning calls and also filing much later than they expected. I would like to have the expertise that a lawyer offers, but don't want to deal with that, so I'm going back and forth on the issue. I paid a lawyer $500 as a deposit back in May or June, but I haven't given him anything since then. If I file pro se, I wouldn't mind giving up that $500.

I called him last Tuesday and left a message asking if I could set up an appointment to come in later that week or the start of this coming week because I am being laid off now and I have completed the paperwork he gave me and I'd like to come in and give it to him or his assistant. I haven't received a call back yet.

Should I be more patient? I would like to file by the end of this month if that makes sense, and would hate to be told he will file by then, but then he doesn't get around to it. It would be nice to be in control of when everything gets completed. But on the other hand, his expertise could come in handy. I might mess up filing something, and get slammed for it. What's everyone's opinion on this? Is it pretty easy to file yourself? And does the US Trustee try to take advantage of you if you're filing pro se?

[Chowder]

.And does the US Trustee try to take advantage of you if you're filing pro se?

Even if you are an absolutely, positively, unequivocally, hands down, open and shut, no-brainer of a case, I'd still find an Attorney.

A good Attorney can cherry pick the right Trustee, and creditors are infinitely less likely to screw with you.

[sdbird101]

I agree, if you can afford it, go with the attorney. If I had the money I would have for the peace of mind.

[CCsAreEvil]

I agree. My lawyer fees were probably 1-2% of my overall debt load.. from a financial point of view, that's amazing.

The best reasons for me for obtaining a "real" BK lawyer:

(1) this is what they do for a living
(2) they know the set of USTs and pick the "nice" ones (they apparently did this in my case)
(3) nice to have someone on your side at the 341 meeting in case issues come up

I've read a lot of people do it pro se, but I'm just not that "confident" and "brave".

[debtprison]

I've often wondered the same thing. I went Pro Se when I did my C7 five years ago. I didn't have many problems at all with it and I used forums and the NOLO book to find out what to put on schedules. I am more of the Do-it-yourself type though and am not considered (believe it or not!) to be a moron.

The only thing I missed was that IRS back taxes were potentially dischargeable. Had I of waited a year I could have discharged an additional $10,000 in taxes!

OTOH, like you I see all these people with bad or uncaring lawyers and I tend to think that I would be better off just doing it myself. I guess if I were you I would look around and hire someone else. I expect attorneys to get back to me no latter than the next business day. Without that what good are they to me really?

[bkmaggster]

I liked being in total control of the process. My case was super simple, under median, no asset, though. And I was too broke to hire a lawyer even if I wanted one.

[music12]

if you have an especially nasty creditor, i'd go with a lawyer. the lawyer puts distance between you and creditors and thereby relieve stress by a lot. it also could discourage creditors from challenging you.

[jessica0607]

I agree - when my wife filed pro se, we had a creditor challenge a small cash advance that was approx 5 months in arrears. Once she retained an attorney to complete the process, the discharge went smooth.

[debtmonster]

Yep. I agree with the above posts. Even if I could save the money, I am SO GLAD I paid for my lawyer. He was worth every penny.

So can the lawyer pick the trustee or is the trustee automatically assigned at random based on their case load?

It seems like our paralegal was buddy-buddy with our UST. Everything was super smooth sailing.

I would never want to do battle with with a fighting creditor.

[67caprice427]

I went pro-se because I couldn't afford the attorney. I studied nolo ch7 religiously along with a couple of other books, lurked out here for months(lol), lucked out in attending a free legal aid clinic to answer the final few questions that I couldn't find an answer to. I'm very hands on, and determined that in my case, there really wasn't anything an attorney could do, that I couldn't do myself. I had a GREAT trustee and actually received multiple compliments from him regarding my accuracy and mistake free case. I took it to heart, where in the nolo book, they said to be ridiculously thorough...

[justbroke]

I mostly filed pro se because of timing, but it was partially the money required.

[AngelinaCat]

A good Attorney can cherry pick the right Trustee, and creditors are infinitely less likely to screw with you.

I have to disagree with this statement. The selection process for Trustees is 'random draw'. Whoever has the lightest case-load, or is 'next-in-line' in the rotation process, is who you will get. The attorney has no say in the matter.

Now having said that, it is known that all the attorneys and trustees in a particular district know each other. Depending on how the attorneys and trustees get along with each other, and how well the attorney 'gets along' with your trustee *can* have an influence on your case.

Whether you end up hiring an attorney or going pro se, you will best serve your case by becoming as educated as possible in the entire process.

Good luck to you in whatever you decide.

[music12]

i agree that officially an attorney cannot pick the trustee. However, an attorney has a lot of experience with how the random system picks the trustee and can probably figure out the best time to file a petition to maximize the chances of getting a particular trustee.

[aljohnson007]

I went to three bk attorneys and none had the answers to my question regarding TBE. All stated they wouldn't advise that approach. So, I continued my research, including many hours on this forum, and decided it was in my best interest to file pro se. I have had no problems with my filing including TBE exemptions for everything. My case was selected for audit by the UST but they found no material misstatements and the flag was removed yesterday. I expect discharge on 9/15. The above notwithstanding, every case is different and each must decide on their own. Filing pro se is time consuming and difficult, especially if you have asset issues. I don't make a recommendation either way, just stating my experience and non-legal opinion. I wish you the best in whatever you decide to do.

[justbroke]

I went to three bk attorneys and none had the answers to my question regarding TBE. All stated they wouldn't advise that approach.

That's odd, because, as you learned, there is pretty good caselaw in Florida on tenancy by the entireties (TBEs) as an exemption. Even my Judge has ruled in favor of honoring TBEs... so long as the title to the property is so recorded. It is well established Florida non-bankruptcy law as well. Guess those lawyers didn't want to get into a tussle with the U.S. Trustee, who seems to challenge them.