Chap.13 plan forms

[lsmartin]

I will be filing a chap.13 in the Southern Ohio District at Dayton,Ohio.Can any one tell me if they have their own plan form that they want you to use?
Is it Permissable to crete your own?
Which Figure do they use,the monthly net income off of schedule, J or the monthly disposable income from line 59,on b22c ?

[HHM]

Usually, your court's web site will have the forms you need but sometimes the chapter 13 trustee will have the set of approved forms.

I would caution doing chapter 13's pro se. There are tons of land mines for would-be debtors to step on. Don't take this the wrong way, but if you can't find the right forms to use, I think your a little under-prepared to be tackling something as important as a chapter 13 on your own. Less than 40% of chapter 13's succeed. There are not specific numbers on pro se vs attorney, but the numbers of failed pro se chapter 13's are probably in excess of 80%.

[justbroke]

In no way take HHM's post or what I'm about to write, as a negative against pro se filers, as I am one!

You need to think hard about several things and ask yourself several questions.

First, are you a no-asset case? This question asks whether you have no property that you're trying to protect, whether it's a car, boat, residence, or investment property. This includes, but is not limited to, real property or cash and cash equivalents in Banks or other investment instruments. It also means your ownership interest in any LLC, partnership, or corporation.

Second, are you comfortable with research and being able to devote many hours to research? This question goes to the amount of time you're willing to dedicate to this filing. This includes your ability to research, maximize the use of Internet Search engines, spend a little money on a NoLo book (or a similar one), perhaps subscribe to Lexis-Nexis and read, read, read!

Third, are you diligent and can you follow through and be meticulous? This question goes to your ability to stay on top of things. Too many bad things happen in a Bankruptcy should you become complacent or "forget" things.

Fourth, are you willing to learn the Federal Rules of Bankruptcy Procedure, the U.S. Bankruptcy Code (11 USC), and familiarize yourself with Local Rules? This question is similar to the second one, but goes to the heart of, basically, litigating your own case. Do you have the fortitude to learn some potentially mind boggling case law and understand procedure. Will you be able to write papers (Motions, Objections, Oppositions, etc) in the appropriate format for the Court? Can you write a Court Order with points of law under which your relief is being granted? Can you write a Memorandum of Law?

I wrote some of that to be extreme, on purpose. But, having wrote all that... if you feel comfortable, don't feel bad about going pro se yourself. Some pro se filers are successful, but even more are not.

See what resources are available to you, if this is a money thing. Check with the Clerk of the Court about local Legal Aid resources. I heard of some GREAT attorneys that do pro bono work in Jacksonville (wish I lived there) that have outstanding reputations and actually set the standards!

If you can't find those resources, feel free to come here to Bankruptcy Forum to learn more and ask as many questions as you like. While we can't give legal advice, we are all full of opinions about things based on our actual combined experiences in various areas of Bankruptcy Law. We'd be happy to point you to a resource or two that may help explain some things for you.

Again, be sure this is what you want to do, and be willing to put in a lot of time and a lot of effort. If you are protecting property, have tax issues, or anything other than a simple case with just a car that has a loan, unsecured creditors only (and maybe a house that you are surrendering), then you should seek some professional help.

Again... I've done mine on my own. Alas, I put alot of time into it, and have spent over $900 in postage, appraisal, overnight mail, and PACER bills to get here!!!