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E.D.M. State of the Court Pro Se Comments

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    E.D.M. State of the Court Pro Se Comments

    I found some interesting comments written in the Eastern District of Michigan State of the Court Address, that I thought I would share for all of us pro se filers.

    Pro Se Cases
    A separate point needs to be made about the dramatic increase in our pro se filings during this past year. For the calendar year 2007, we had 1,251 pro se cases filed in our district. That represented about 3.5% of our total cases. For the calendar year 2008, we had 1,871 pro se cases filed in our district. That represents about 4.5% of our total cases. For the first 8 months of calendar year 2009, the number of pro se cases has grown to 2,333. That represents almost 9% of our total cases. In Chapter 7, more than 10% of our cases are now pro se. There are multiple explanations for this increase in pro se cases, including the cost of legal representation, the obstacles in consumer cases caused by BAPCPA, the easy access to bankruptcy forms and information on the internet, and perhaps many other reasons that are not readily apparent.

    Pro se cases require extra judicial and other resources to process through the system. They pose unique challenges to our system. The Chapter 7 Trustees have raised with the bench a number of difficulties that the processing of these cases pose for them. As a Court, we have provided a great deal of information for pro se debtors on our website with numerous links to other websites and we will continue to explore and develop new and more efficient ways of processing these cases going forward and assisting the pro se debtors in them. To the extent that you as a bar have
    recommendations for assistance to the Court in this regard, your recommendations are welcome.
    I find it interesting that 10% of all chapter 7's in the E.D.M. are pro se cases. It also nice to see that they acknowledge the growing trend of pro se cases, and are looking for ways to improve handling them.
    Chapter 13 Filed (Pro Se) - 9/30/09
    Confirmation Date - 12/1/09
    Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

    #2
    I like it when the Court recognizes it, and doesn't try to downplay it or try to demean or otherwise go beyond mere discouragement of filing pro se (for example: someone posted that in their District, they were told the no pro se filer ever had a case confirmed in a Chapter 13).

    I have also been to some District web sites where they publish an entire pro se handbook! These Districts also have pro se resources within the Court as well.

    Those Districts that are looking to help and streamline the pro se cases are the ones that will reduce their "costs" related to these filings. I am sure that a pro se petition requires more scrutiny as the filers tend to mis-apply things such as exemptions or not follow local customs with regard to certain other procedures.

    Hurray for Pro Se!
    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


      #3
      This is a good article, and shows that those who now file have never received Stimulus or 'Bammy money. Not to be curt, but we keep getting misinformation by way of (The Propaganda Czar) that all is well and we are out of this "recession"/depression.

      I would love to know the stats on those who filled out indigent forms for the filing fees. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        I am the one who was told that a pro se chapter 13 has never been confirmed in my district. This was coming from my case manager at the trustee office. That is one of the reasons I was trying to find a way to search for pro se cases on pacer, even though at this point it doesn't matter as I am "all in".

        I do think its ironic that the chief judge in the district, recognizes the need to better serve pro se filers, when the trustee's office clearly does not.
        Chapter 13 Filed (Pro Se) - 9/30/09
        Confirmation Date - 12/1/09
        Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

        Comment


          #5
          Originally posted by UpsideDownMI View Post
          I do think its ironic that the chief judge in the district, recognizes the need to better serve pro se filers, when the trustee's office clearly does not.
          Maybe you should write an amicus "letter" to the Chief Justice and let him know his clerks are anti-"pro se"!
          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

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