Should I file Pro Se?

[Wantmypeace]

Is there a book, or file, somewhere that gives instructions on how to file pro se? I'm trying to decide whether to give it a try or not, and I'd like to do as much reading and research first. Any suggestions on where to get this info? Everyone is telling me to get an attorney, but I can't afford one.

[free2breathe]

Go to Nolo's website. Many people use the book for filing Chapter 7 that they publish. They have an online version that you can download. You can search "Nolo coupons" online and the final cost for the online book is about $16.

[strummerfan]

Take NOLO's income and means test and see if you easily fit into the bankruptcy guidelines. You will find that most of the Pro Se filers on this forum do well but I will caution that it is a lot of work to learn the bk rules and guidelines so if you have the money for an attorney it will be money well spent and you can move on with your life. Personally I filed Pro Se partially for cost and partially for sport, so far it has been a good experience learning the laws, procedures rules guidelines, and an unexpected rewarding aspect is that I have taken a deep hard look at my financial situation and am being proactive to not make more stupid mistakes. It has also inspired me to finish my degree and pursue a career in BK law.

My 341 is tomorrow and I may regret the sporting portion but I can always lawyer up at that point.

Best of luck and do LOTS of homework before going on your own,

[justbroke]

I will go one further. If you have any types of assets, and especially assets with equity, you should be using an attorney. I've had to give bad news to too many BKforum posters that they are going to lose their assets, after they come on here and post that the Trustee wants their property. Don't let that happen to you. Property includes, cars, homes, furniture, cash, and even certain money that is deposited in a financial institution or even an "anticipated" tax refund.

If you are "no asset", and know that your property fits comfortably within the statutory exemption scheme for your State, and you are diligent and meticulous, you can attempt pro se. Many have done it, so I'm not here to say absolutely no.

[platter]

Good luck Strummerfan, maybe you've found you're calling as a BK attorney!

[abkguy]

Think we need a sticky thread on "should I file pro se."

[dumpinmydebt]

I second justbroke's advice.

We filed Chapter 7 pro se, but we have no assets (we had $20k in exemptions for home stuff we could've used, but only needed to use $6300. lol), we rent (don't own a home) have $66000k in debt, and make $26k per year (half of the median.)

I didn't think it was that difficult, just time consuming to get everything together. I also have the Nolo book.

[Flamingo]

To protect yourself and your assets, follow the excellent advice above and may I tell you that I have worked in the legal field most of my career and after going through a Chapter 13 would never advise anyone to try to do it themselves. A no asset Chapter 7 could be done pro se but a lot of homework/research is needed (and time) so if you have kids, a full time job and other things going on, realize it will take a LOT of time to do the research and paperwork to file on your own. Anyone who files pro se finds out why an attorney charges so much. It's a lot of work, research, time and hoping one doesn't mess up.

[free2breathe]

Anyone who files pro se finds out why an attorney charges so much. It's a lot of work, research, time and hoping one doesn't mess up.

You hit the nail on the head with that one. After finally getting the paperwork filled out and organized, my husband said exactly that! He watched me stress and struggle, and he's still watching me fret. He keeps telling me to let it go and have a little faith, but it's really hard.

[justbroke]

Anyone who files pro se finds out why an attorney charges so much. It's a lot of work, research, time and hoping one doesn't mess up.

This is worth repeating!

I have spent countless hours researching. Enough so, in the last 2 years, that I probably could have just gone to school and would be entering my 3rd and final year in my professional program for a juris doctorate. Yes, that much time! I think the first two weeks of my case, I spent over $100 on PACER fees and over 120 hours of research in those two weeks. Up all night... reading, reading, and more reading. My time is valuable, but I was lucky to be between assignments at work.

A Chapter 13 is even more time as you'll need to attend the 341 Meeting and at least 2 additional confirmation hearings, if everything goes smoothly! You could end up in court 4-5 times, as I did.