Can you get a lawyer later if you file pro se?

[ConfusedinMN]

Hello all-

First, this forum has been a godsend with it's information and helpful posters.

After taking an online Means Test, I qualify for Chapter 7. I just got married 5 months ago, but I will not be filing jointly since her credit is ok and only has 1 CC & student loans.

I am above the median income, but well below the Means Test in disposable income ($-172 per month according to that, and I would be many thousands below the 25% test if it came to that.)

We don't own a house; we're just renting. My wife has a 2000 Dodge Neon with close to 100,000 miles (and past engine issues) that is paid for. I have a 2005 Mazda 3 that has at most $2000 paid off in value. My wife and I are both on the loan for this, but her name is first since she had better credit at the time.

It seems that it should be an easy process to follow the Nolo book and other information as necessary to file pro se.

My question is, if I file without a lawyer and then encounter unforseen issues at the 341 hearing, can I then get a lawyer to help out if necessary? From the brief reading I have done, it seems that this is possible when the Trustee asks you if you want to convert to a Chapter 13 if he deems you don't qualify for the Chapter 7.

Obviously I am not asking anyone for lawyerly advice, but what is your non-professional opinion / experiences on this? Thanks everyone for the help!

[HHM]

There is nothing the forbids you from hiring a lawyer if you first start of pro se and then need legal help if issues arise.

But to be honest, most lawyers do not like to jump into the middle of a case once its started, especially over minor issues. Lawyers will typically get involved if the issue is something "discrete", i.e. combating a specfic creditor objection, or some other litigation. Also, it is usually more expensisve to hire a lawyer after the fact.

So, yes, it is possible, but your options for lawyers "may" be more limited.

[BK'd-Betty]

I can tell you from my own experience that after my BK was discharged and closed, I had an issue with a creditor - my BK Lawyer would not return my calls. I never could ever get him on the phone again.

I tried to hire another BK attorney to help me with my issue and nobody would touch it. I called no less than a dozen BK attorney's and every single one of them declined to help me and just referred me back to my original Lawyer.

Not exactly the same situation, but just sharing my experience.

[riverlady]

>> my BK Lawyer would not return my calls.<< hopefully you filed with the Bar Association a complaint! When an attorney takes a case and you are his client unless he has notified you that he filed to end his representation he is still your attorney for which you paid for his services. So as long as this creditor was a part of your BK you should expect representation until told otherwise.

[CATCHMEIFYOUCAN]

Bk'd-Betty

I can tell you from my own experience that after my BK was discharged and closed, I had an issue with a creditor - my BK Lawyer would not return my calls. I never could ever get him on the phone again.

Thats is a shame to hear .. my lawyer said that after the discharge (still waiting it out though) his office contacts the 3 credit reporting agencys to make sure my credit looks decent (i guess to to make sure the creditors reported my Bk right) if not he will sue them to get it right !

Keep PUNCHING AT THEM, I'm sure you have got to be able to do something!

Catchmeifyoucan