Pro Se Success?

[shelley]

Hello--I have been reading this forum and finally joined today. I filed Chapter 7 (no asset) this past week. I have read the bankruptcy NOLO book, the courts' web sites, searched the web to find answers, and looked at forms on PACER in order to fill out the paperwork. I needed to get it done because one of the credit cards sued me and I do not have the money to get a lawyer to fight them. I really had no choice. I thought about filing for bankruptcy before, but I hoped that I could improve my situation before it got to this point. It seems useless to try to fight the CC company, since another one may come after me later anyway.

I did what I had to do and I was as meticulous as I could be in filling out the paperwork so that I did everything right and included everything I was supposed to. Since I filed, I have been reading web site after website that talks about how most pro se debtors have their cases thrown out for this reason and that. Now I'm worried. My friend told me it's just that these lawyers are trying to drum up business, so many of them try to scare consumers into hiring them.

It looks like quite a few people here were successful in filing pro se. Am I right in being scared? I wanted to see what other people think or have experienced. My 341 meeting is next month and I can't spend that whole time being scared and stressed. As it is, I have had a migraine for about 3 days worrying about this.

[justbroke]

You're read incorrectly. The success rate of pro se filers in No-Asset Chapter 7 cases is actually pretty high. I have not heard of "most" Chapter7 pro se debtors having their cases dismissed, let alone thrown out. Chapter 13 cases are much more difficult and you will find that Chapter 13 cases are where even attorney-filed cases, are dismissed at a high rate, or never make it to discharge.

You've come to the right place though. This is the place with the non-judgmental facts. The fact is that pro se Chapter 7 debtors file cases everyday and receive discharges in those cases every day. The real issue is for "asset" Chapter 7 cases, or cases in which the pro se debtor thought that they had a "no asset" case, only to later discover that they didn't consider preferences, conveyances, and the actual statutes (law) that allows one to exempt property in a bankruptcy case.

The time right after filing, is a time for relief and breathing the sigh of relief when the phones stop ringing! It's not a time to worry. I'll tell everyone that it is what it is at this point. No point in worrying about it. Your 341 Meeting will come and go. If you are under-the-median, you'll probably find that the whole process was completely "easy" and will wonder why people worry so much. If you're over-the-median and seeking a Chapter 7 discharge, you may find it a little more "intense" -- with respect to documentation -- but you too will find that the entire process is relatively "easy".

While it's never really recommended to enter into any sort of case proceeding without an attorney, a no-asset Chapter 7 done pro se is actually not so bad. Even so, that many Districts provide pro bono attorneys or a clinic to assist with the filings! The key is all in the paperwork.

Welcome to the Pro Se forum!

[ryan]

Shelley, just thought I would add, if you've been reading the forum at all, you'll also see that Justbroke is a very experienced, knowledgeable poster who does really know pro se BK's. He succeeded in getting a pro se Chapter 13 approved on his own - quite a feat, from what I understand.

[free2breathe]

shelley, what you are feeling is exactly what I went through when I filed ours....post filing jitters. I didn't find this forum until after I filed. If I'd found it two weeks earlier, I'd have done two things differently. I'd have drawn our bank account down a little lower (no cash exemption in this state) and I would have waited until after my husband's check was deposited and rent paid, because we got dinged on "wages earned but not paid at the time of filing." Other than that, everything was smooth.

We were determined to be an asset case because of the above issues and the fact that we were due a tax refund. Our trustee is a stickler for refunds. In the end, it was worth what we end up paying into the bk estate to get the discharge of all of our debt. We were discharged in January and are well on our way to a fresh start.

Try your best to relax. As justbroke said, at this point it is what it is. Remember to breathe, sleep, and enjoy life between now and the 341. You'll be glad you did

[shelley]

Try your best to relax. As justbroke said, at this point it is what it is. Remember to breathe, sleep, and enjoy life between now and the 341. You'll be glad you did

Thank you. I'm starting to feel better about things. I am too busy to obsess about it anyway, but the first couple of days, I had trouble eating and sleeping. It's been extremely difficult to wrap my head around this.

[LynnD]

I spent far too many years believing that pro se wasn't possible. Everything you read makes it seems like it is impossible to do it correctly. So I waited and waited.. year after year and finally decided I'd just wait until my judgments fell off... except they didn't and they were renewed. At that point, I was pissed. Pissed that I'd waited all these years because I didn't have the money for an attorney and didn't believe I could do it. I got my NOLO book and posted a few questions here and filed in Dec. I am due my discharge in only a few days. I could kick, hit and pinch myself for waiting! It was NOT that bad at all. Filing was a huge weight lifted from my shoulders.

At my 341, I was not treated any differently than the people with attorneys. It was a breeze. Just answer the questions and you will be on your way out the door within just a few minutes.

[shelley]

Thank you for sharing your story, LynnD. A friend of mine said that attorneys probably write these things to scare people into hiring them. I think there may be some truth to that. I also read somewhere that the trustees will grill a pro se attorney at the 341 and will usually schedule them at the end of the day to have more time for that. Luckily, mine is schedule in the morning, so I guess that's one less thing to worry about for me.

[free2breathe]

We were the first case scheduled at our 341, much to the dismay of the attorneys waiting their turn. They "offered" to let us wait and watch them get their clients through the process. I politely declined and was told by one to expect unhappy attorneys if we took more than half an hour. Ten minutes later we walked out of the room into the hall where I approached the attorney who said that. I looked at my watch, looked at him, said, "Sorry, you don't get to be angry since we only took ten minutes."
It was such a relief to get through it. Answered our questions with yes and no answers, unless his question required something more detailed. I didn't feel grilled, though I admit I was a little nervous. I held up well, and when it was over and we were at our car I burst into a very short fit of tears. I was so relieved to be through it. Then I laughed at how crazy it was to be so worried.

[debtprison]

I did a successful pro se "no asset" C7 in the Northern District of Illinois. The 341 wasn't bad. I think it took no more than five minutes and it was done in private. He asked a couple questions, I answered, then he wished me luck and let me go. The hardest part of the entire thing was the questions I had and all the worrying.

[jcj112562]

The attorney for the trustee congratulated me when I finished up the Ch13, not necessarily for doing it pro se, but simply because many, many Ch13 debtors fail to complete their plan.

John

[doni49]

Even so, that many Districts provide pro bono attorneys or a clinic to assist with the filings! The key is all in the paperwork.

JB--any ideas how to find out if anything like this exists in my district (Western MO)?

[justbroke]

JB--any ideas how to find out if anything like this exists in my district (Western MO)?

The easiest way is to call the Clerk of the Court, or visit the website for the Western District of Mo. (I lowed at mow.uscourts.gov and there isn't much. )

[doni49]

JB,

Thanks but after some hunting on my own, I found the following link. I also found an announcement on the district court's website inviting attorneys to sign up for the "Pro Bono Program".

http://moprobono.com/?p=49

[justbroke]

I am happy to read that you found some resources!

[discombob1]

Another pro se-er here. You'll be great. Do your research and pay attention to detail and you'll be fine. I was so prepared because of this forum my trustee asked me if I was an attorney (not even close). The anxiety is normal but you will be fine!