Chapter 13 - Filing Pro Se

[Scoutitout]

I keep reading about getting an attorney. I do not have the funds to retain an attorney and cannot seem to find any attorney who is willing to do a Chapter 13 with his fee in the plan. The last two attorneys I spoke with simply said it was the economy forcing them to get their money upfront.

I have no real property, all of my personal property is exempt. While I have tax debt I feel like I understand how it works (i.e., I have to pay some of it back, others can be listed on Schedule F and discharged as the meet the requirements for that).

I'm about 3/4 of the way done filling out my forms - I feel fairly comfortable but keep having massive pangs of fear! Am I dumb to try this on my own? It seems like my case is not that complex given I have no real assets - am I crazy to try this on my own?

[caj0524]

If you're confortable... go for it...

Several people on this board say don't do a 13 pro-se... I'm not one of them.

I love their line where they say that if you stop paying your CC's you can use that $ to hire a lawyer. I don't know what planet they are on... I stopped paying my CC's over a year ago. I imagine people don't just stop paying one day and file the next. Filing is a last resort, when you're in so deep... anyway, off my soapbox...

I did one and was confirmed 2 years ago. I requested it be dismissed because I was remarried and wanted to refile with my new wife. We are filing tomorrow!

If you feel comfortable...
If you've done your research & other due diligence...
If your gut can handle the stress...

Then go for it.

There are many pitfalls, just take them as they come and you should be ok.

[MSbklawyer]

I have to disagree with caj0524. Yes, pro se 13s can be done, but like I've said in other posts, I earn a pretty good living straightening out botched ones. I've seen people lose their homes who didn't have to because they didn't meet their pre-filing requirements and then got dismissed with a 180 day bar.

I can't believe that you can't find an attorney willing to put the fee in the plan. In my district, that is the rule, not the exception. I hate to keep plugging these people, but try www.nacba.org. You should be able to find a willing attorney there.

Good luck.

[hopeforusall]

And who is going to step in and fix the case if the attorney botches it up, after you spend money you didn't have to begin with? There are competent and incompetent attorney's just as their are careful or careless pro se filers. A quick look at past court cases reflects that many cases are dismissed that are handled by attorney's, in fact most cases are dismissed that are handled by attorney's as only a small percentage are Pro Se for Chapter 13. I would say, proceed Pro Se if you are willing to take on the challenge and don't anticipate a complex case.

[Scoutitout]

I am going to have to decide between a 13 and a 7, given that I will lose all future bonuses under the 13 I'm starting to have second thoughts. I am not certain I'm willing to do that as those bonuses may pay off my priority debt anyway and I'd be done and over with it all in 2 years or so. I will think about it some more. Thanks!

[justbroke]

I'm not saying anything.

Everyone should know my position on the topic. I'm quite neutral, and only ask that Chapter 13 pro se debtors consider other options, especially when they are trying to protect assets.

Yes, it can be done. I'm going into month 13 now. Cramdowns, mortgage lien stripping, getting Motions for Relief from Stay (RFS), and many many objections to claims... and I'm still here. But this is certainly not for everyone.