Can you get an attorney after a pro se filing?

[moonflower]

I called several attorney to discuss my case after I filed pro se, and had my 341 meeting. They all said it would be a conflict of interest for them to speak with me after a pro se filing. Yet, the trustee advised me to seek legal advice. What am I missing?

[tigergem]

Attorneys don't want to talk to you after you filed pro se because they don't want to be responsible for your mistakes on your petition.

I think the reason they call it a conflict of interest is because of the factor of them giving legal advice to someone when you have not paid them to represent you, but you have representation, and that is yourself.

Why did the trustee tell you to seek legal advice?

[HHM]

Well, calling it a conflict of interest is a bit misleading. It is that they cannot shadow counsel you through your bankruptcy. Unless you "hire" an attorney, an attorney should not (will not) provide actionable legal advice. After all, they don't have all the facts and you haven't paid them anything to assume the risk. (the risk is, they tell you something, you go do it, screw it up, and them come back and say..."well, so and so attorney said I could do this").

If the trustee is asking you to seek legal counsel, that is usually not a good sign, that means there is something going on in your case that you are apparently not prepared for, did not anticipate.

[moonflower]

Did not anticpate? Thats for sure. I claimed my 2004 vehicle as exempt for $5000, which is the amount for Idaho. My Dad has held the title on it since 2007, but he never perfected the lien thru DMV because he trusted me to make the payments. To make matters worse, my Mom paid for the car so its her car. She is on the registration. She added my name so I could get insurance on the car. She gave the title to my Dad as collateral, but again he never went to DMV to be added as lienholder. Now they are suing my Dad for $5000, the exempt value, and taking my car away. Think I can ask for a voluntary dismissal?

[Flamingo]

Did you ask those attorneys what you should do to resolve the situation if you have already filed pro se? Dismiss and refile represented by counsel? I would call the Trustee's office back, or the Clerk of the BK Court, and find out what you need to do to resolve the matter as to legal representation. You probably will not be able to find an attorney to take over and redo your pro se filing - it is probably easier to start from scratch due to all the errors that can be and are made.

[tigergem]

Did not anticpate? Thats for sure. I claimed my 2004 vehicle as exempt for $5000, which is the amount for Idaho. My Dad has held the title on it since 2007, but he never perfected the lien thru DMV because he trusted me to make the payments. To make matters worse, my Mom paid for the car so its her car. She is on the registration. She added my name so I could get insurance on the car. She gave the title to my Dad as collateral, but again he never went to DMV to be added as lienholder. Now they are suing my Dad for $5000, the exempt value, and taking my car away. Think I can ask for a voluntary dismissal?

Isn't this like the third or fourth thread you have asked this question?

[HHM]

With a chapter 7, it will be hard for you to get dismissed, especially when it is an asset case. There is no right to voluntary dismissal. Also, since you have already had your 341, there isn't much you can do to get your case dismissed, except maybe not file your post-filing consumer credit counseling course.

In reality, it is not you that needs an attorney, it is your parents.

You are in a tough bind and even some attorneys don't catch this issue. The non-perfection of a vehicle a lien. There is nothing you can do to unwind this situation accept to negotiate with the trustee on some amount of money. Generally, in a vehicle situation, the trustees sell these at auction. So, you should take the car down to an auto auction place and see what they think they could get for it. Normally, you (or your parents as titled owners) get the exemption, so what you are looking to find out is how much over the exemption the car may be worth if auctioned. Then offer the trustee that amount.

Or, convert you case to a chapter 13 bankruptcy and pay the value of the non-exempt equity over 36-60
months.

I hate to say it, but you are poster child for why people shouldn't file pro se unless they really know what they are doing. Your BK will now cost you double or triple the cost of what it would have been had you hired an attorney in the first place.

[moonflower]

Yes, different questions to the same BK as different problems were arising. I guess I posted them as I thought of them. And I wasn't sure of which heading to put it under "Pro Se" vs "Chapter 7". Sorry. Being as I can't get an attorney to speak with me, I think I will heed your advice and talk with the trustee. I know he said he can't give me legal advice, but maybe clarification on the exempt part. I can't wrap my mind around the part that its exempt, but hes suing me for it anyway. Thank you, everyone, for you assistance. I will let you know what happens after I go to an auto auction and speak with the trustee.

[moonflower]

Can't convert to Chapter 13 because I have no job. Or at least thats what the trustee said.

Yes. Poster child indeed. I had no idea my Dad did not put his name as lienholder thru DMV.

[moonflower]

I just learned there will be an Adversary Hearing for my Dad. He has a notarized promisorry note from 2007. Is there a way to perfect the lien after the BK has started?

[HHM]

I just learned there will be an Adversary Hearing for my Dad. He has a notarized promisorry note from 2007. Is there a way to perfect the lien after the BK has started?

Nope

[frogger]

Get ready to buy your own car back.