top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Is the trustee more likely to cause trouble for a pro se?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is the trustee more likely to cause trouble for a pro se?

    I am just wondering if the trustee is more likely to get on a pro se filer because there is no attorney and the filer is obviously handling this all without legal council. I am just wonder if pull more objections because they know they might be able to float more when there is no attorney.

    I have all the paper work done. I have gone over it several times, and I am confident it is good. All my questions now are centered on the odd ball stuff I have....and how much of a hard time the trustee will give me just because he knows I have no lawyer?

    #2
    No, from what I read here, I do not believe so. In fact if you peruse more on the Pro Se Forum, and the 341 Forum, you are more likely to find that the trustee will praise the Pro Se person, and ask if anyone helped the filer prepare the forms and/or scold the filer's attorney for NOT being prepared.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


      #3
      It's just a feeling, but I believe I would have been questioned more in my 341 if I had filed pro se, even if the petition was filled out exactly the same.

      I have no direct knowledge of this, however. If your case is straight forward, then I can see the trustee not paying more attention. '

      Chapter 7, above median, no asset. Discharged with no UST involvement.

      Comment


        #4
        Look for posts by Justbroke, and also his blogs. He filed a CH13 Pro Se, and converted to a CH7, also Pro Se.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          Geeznowwhat while there is no empirical evidence to suggest that "Pro Se" debtors are taken advantage of, I can see in some cases where a Pro Se doesn't understand what they are doing. Not understanding the proper way to exempt property may expose the property. The Trustee, in many cases, may see your issue and tell you that you used the wrong statute. or, the Trustee may not realize what you were "trying" to do and sense they don't give legal advice, proceed as if you "knew" what you meant when you listed a particular exemption. That's just an example.

          I have personally found everyone, Judges, Trustees, and even creditor attorneys, to be above board.

          When my Chapter 13 was confirmed back in 2008, I was in a conference room with the Trustee's attorney and a creditor attorney. The creditor's attorney asked me what I was doing with a vehicle. i told them I submitted another plan version and that it included language that satisfied the creditor's (and their attorney's) issues with the earlier plan language. She asked me "you really did that, right"... and I said "yes". She tells me that she trusts me and then tells the judge, after we re-entered for confirmation, that there were no objections to confirmation! Trust is a two-way street. I'm not saying that everyone is that forthcoming or trusting, but it's nice to know in a profession where people seem to speak of in a negative tone.

          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.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X