Attorney Dilema - Thinking of Filing Pro Se - Could use some input

[deedee642]

I had a falling out with my attorney. He basically left some things off my filing, was condesending, and poor about communicating. I terminated my relationship with him. Actually, we were in the middle of going over all the paper work when I stopped signing off on everything and walked out. However, I walked out with the paperwork. So my question is this. Since I already paid him to do the paperwork (albeit he neglected certain things). How hard would it be for me to correct his errors and then submit the paper work pro-se. He used Best Case. He left my homeowners fees off. Where would I record those? I also asked that he put down my costs for continuing education and classroom expenses (none are reimbursed by my district) he just left them off. What line would I record those. I also wanted to try to add the costs for vitamins and supplements (I could get a letter from my doctor that these are medically recommended). What do you think my chances are? Final question. His paperwork was dated November 10. If I scrambled and was able to get everything in by the end of November, could I use his numbers (re: income etc. ) and just add my additions???
Thanks so much everyone!!!!
Dee

[despritfreya]

DeeDee,

If you are a 100% plan did your attorney not list those items so that your budget "will work". (I agree, however, that at least the HOA fees should have been listed.) If you are required to pay all of your creditors and your Plan payment must be "x", then your Schedule I and J must show that your income minus your expenses leaves you enough to pay "x". If, by adding the expenses that were left off, you cannot afford "x" you have a problem on paper.

The fact that you had a falling out with your attorney just means you should find another one. While folks do file Chapter 13's pro se, the process is quite complicated and not many pro se filings make it through the system.

Lastly, the forms you took from your attorney are proprietary. If you want to obtain your own forms and transfer the information that's fine. But using attorney work product is wrong, not to mention his name appears on the forms. You paid for the attorney's time, not the final product he produced if you fired him.

Des.

[jcj112562]

A pro se Ch13 is possible to do, and to complete, since I am living proof of it. HOWEVER, it is no picnic, and certainly not for the faint of heart. There is no attorney to ask anything, aside from the wonderful folks who post on here and are lawyers, and while the trustee and judge *might* cut you some slack because you are pro se, there is certainly no guarantee. I know that I got congratulated by my trustee's attorney for finishing the entirety of the case, as apparently I was the only pro se Ch13 she had dealt with that got all the way from filing to discharge. I am not the only one to ever do this, but there is a reason that successful Ch13 pro se cases are few and far between.

John

[justbroke]

I would heed Des' advice and seek out another attorney. The questions you are asking are really "practice" related and differ based on the District that you are in. If this is in fact a Chapter 13, you really want to have a good, solid, "livable" Plan of Reorganization; otherwise, you're doomed to fail.

I didn't read where you're in a Chapter 13, but assume you mentioned it in another thread. I have successfully filed and confirmed a Chapter 13 and converted about 2 years into it (to Chapter 7). It can be done, but your success totally depends on your understanding of your Districts rules and allowances.

You have some questionable expenses that you're claiming like education, and vitamins. Depending on the reason for them, you could get into litigation with the Chapter 13 Standing Trustee.

The vitamins and supplements should either be included in your medical care (the $64/month you get anyhow), or in your food allowance. If it's substantially higher, you could claim "extra" medical expenses but will need proof... not just a doctors note.

[deedee642]

Des,
I'm not sure why he left the HOA fees off. I think it was just an error. Also, I do not understand why he left the cost of continuing education and my license renewel off. To be honest, there was no way I would be able to pay for my housing costs and the amount he had me paying the trustee, so it was not going to work out. Thanks for your response.

Dee

[tigergem]

A pro se Ch13 is possible to do, and to complete, since I am living proof of it. HOWEVER, it is no picnic, and certainly not for the faint of heart. There is no attorney to ask anything, aside from the wonderful folks who post on here and are lawyers, and while the trustee and judge *might* cut you some slack because you are pro se, there is certainly no guarantee. I know that I got congratulated by my trustee's attorney for finishing the entirety of the case, as apparently I was the only pro se Ch13 she had dealt with that got all the way from filing to discharge. I am not the only one to ever do this, but there is a reason that successful Ch13 pro se cases are few and far between.

Congratulations on being a "first", John. I too, was a "first" in my district. Not discharged yet, but the first full year of the plan is behind me. I was the first pro se ch 13 to be confirmed in my district since BAPCA. I was told this is not an easy thing to accomplish by any means, (no pun intended) although I found it "relatively" simple because my case has been "relatively" uncomplicated, unless I choose to complicate it with APs and such. Right now I am thrilled with my plan. Less than 1% to unsecured, and I am only paying the minimum into it for somewhat less than 60 months. Although I am under means, and qualify for 36 months, I could not have fully funded my secured portion at an affordable monthly payment for that time frame. Articulating your plan is tricky. Even having done it successfully the first time, I had to make corrections to how I articulated it when I modified the Plan. I did not do it correctly when I modified the plan, and here is the kicker - - I did not fully understand all of the changes the Trustee wanted!, but I made them according to his instruction because it did not materially affect the outcome I was seeking. Not cooperating with him, definitely would have. I would venture to say that if this post does not make sense to you, or raises too many questions, you should not file pro se.