Hi everyone,
From time to time, I see questions here from people as desperate for answers as I am. On Wednesday, I received a notice of Objection to Chapter 13 plan from my car lender. Since I am attempting a cramdown, I wasn't surprised and in fact, was expecting it in some form or another.
So, for those like me that are filing pro se, who are not experts and may find themselves seeking particular answers with no idea of how to proceed....please consider what I did.
I located the nearest law library at a college - for me, I'm in the Phoenix area, so it was ASU. After a stroll in the heat (113 here yesterday)I entered the law library and looked for a reference librarian.
I told her I was filing a Chapter 13 and mentioned that I would like to see
AZ local law rules, Federal rules that included section 506 and had questions about cramdown and lien stripping.
Before I knew it, she directed me to a table, put Arizona Rules of Court Volume II-Federal in front of me and said that she wasn't familiar with cramdown, but to give her a few minutes.
While I started reading, she left and came back shortly with two other books marked with post-its. The first was 2010 edition Bankruptcy Code, Rules and Forms (marked at 506, which was my original request). The second was Nolo Chapter 13 Bankruptcy: Repay your debts 8th Edition (which may or may not be the same edition I purchased after it was suggested to me here).
I googled them all from my phone and all 3 are available for sale on ebay. The NOLO book can be had for 99 cents plus 3.99 shipping (for those on a tight budget like me). The local rules $119 and the Federal edition - 2010 edition Bankruptcy Code $147.
Or you can do what I did and find a law library with a very helpful reference librarian and dedicate your afternoon to study, which is by far the most economical way to get solid information. I found out they are open in my area until 10:00 pm.
Two things I would do differently next time I go:
1. Take lots of $1.00 bills - you can make copies, but since you are not a student you have to pay - at the ASU library, you buy a card and load it up-it only takes dollars, fives and tens - copies are 10 cents each.
2. I would have taken my lap top - I'm not sure if they have wi-fi, but being able to type word docs would have been easier than hours of taking notes and probably neater too.
Part of my frustration to date is getting specific answers to questions I ask.
I've gotten glimmers of information from initial consultations with lawyers,
using the Pro bono lawyer at the court (you get 20 minutes and walk out with incomplete information that hints at what you need to do, but is woefully inadequate), internet research in general (not real helpful), the US Bankruptcy website (good place to go), and the Bankruptcy website for your State (mine is Arizona and if it lists their local rules in complete form, I've yet to discover it). So, my best advice for others going pro se is to do what I did, visit the law library.
The reference librarian was the kindest, most helpful woman and she made my experience very positive. I walked out feeling much more informed about Chapter 13. I had made a list of specific questions I wanted to research and I found the answers to all of them in length between the 3 books.
From reading here, I realize a few of you are very knowledgeable about Chapter 13 already, this post is for those like me, who need answers quickly, who are new to Chapter 13 and have no idea how to get information that is accurate. I wish someone had pointed me in this direction before I filed my petition. Hope it helps.
From time to time, I see questions here from people as desperate for answers as I am. On Wednesday, I received a notice of Objection to Chapter 13 plan from my car lender. Since I am attempting a cramdown, I wasn't surprised and in fact, was expecting it in some form or another.
So, for those like me that are filing pro se, who are not experts and may find themselves seeking particular answers with no idea of how to proceed....please consider what I did.
I located the nearest law library at a college - for me, I'm in the Phoenix area, so it was ASU. After a stroll in the heat (113 here yesterday)I entered the law library and looked for a reference librarian.
I told her I was filing a Chapter 13 and mentioned that I would like to see
AZ local law rules, Federal rules that included section 506 and had questions about cramdown and lien stripping.
Before I knew it, she directed me to a table, put Arizona Rules of Court Volume II-Federal in front of me and said that she wasn't familiar with cramdown, but to give her a few minutes.
While I started reading, she left and came back shortly with two other books marked with post-its. The first was 2010 edition Bankruptcy Code, Rules and Forms (marked at 506, which was my original request). The second was Nolo Chapter 13 Bankruptcy: Repay your debts 8th Edition (which may or may not be the same edition I purchased after it was suggested to me here).
I googled them all from my phone and all 3 are available for sale on ebay. The NOLO book can be had for 99 cents plus 3.99 shipping (for those on a tight budget like me). The local rules $119 and the Federal edition - 2010 edition Bankruptcy Code $147.
Or you can do what I did and find a law library with a very helpful reference librarian and dedicate your afternoon to study, which is by far the most economical way to get solid information. I found out they are open in my area until 10:00 pm.
Two things I would do differently next time I go:
1. Take lots of $1.00 bills - you can make copies, but since you are not a student you have to pay - at the ASU library, you buy a card and load it up-it only takes dollars, fives and tens - copies are 10 cents each.
2. I would have taken my lap top - I'm not sure if they have wi-fi, but being able to type word docs would have been easier than hours of taking notes and probably neater too.
Part of my frustration to date is getting specific answers to questions I ask.
I've gotten glimmers of information from initial consultations with lawyers,
using the Pro bono lawyer at the court (you get 20 minutes and walk out with incomplete information that hints at what you need to do, but is woefully inadequate), internet research in general (not real helpful), the US Bankruptcy website (good place to go), and the Bankruptcy website for your State (mine is Arizona and if it lists their local rules in complete form, I've yet to discover it). So, my best advice for others going pro se is to do what I did, visit the law library.
The reference librarian was the kindest, most helpful woman and she made my experience very positive. I walked out feeling much more informed about Chapter 13. I had made a list of specific questions I wanted to research and I found the answers to all of them in length between the 3 books.
From reading here, I realize a few of you are very knowledgeable about Chapter 13 already, this post is for those like me, who need answers quickly, who are new to Chapter 13 and have no idea how to get information that is accurate. I wish someone had pointed me in this direction before I filed my petition. Hope it helps.
Bankruptcy Wizard
In my District, you just don't see any pro se Chapter 13 cases get confirmed, although a few do... and we are one of the largest Districts in the U.S. (for filings). Actually, I don't really see a large percentage of pro se cases at all.
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