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Anybody file pro se bankruptcy lately?

Submitted by on Thu, 04/23/2009 - 14:27
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Has anyone successfully filed bankruptcy, either Ch. 7 or Ch. 13, pro se, with no attorney, recently? I have read that most pro se filings fail or are rejected. Is that because they are really faulty, or because the system is so biased toward the lawyers who get their take that the BK court or trustee rejects them for some trumped-up reason?


It's because filing bankruptcy is a rather complicated procedure, depending on your circumstances.

Someone with no legal experience is likely to overlook dotting an I or crossing a T, where an attorney has an entire legal staff at their disposal to take care of such matters.

I'm not saying it can't be done on your own - some folks here have done it successfully, or used a paralegal to do it. However, filing on your own is not recommended by most - especially if you have a complicated situation involving a house, multiple mortgages or other issues. If you're going to do this, you want to be sure it's done right.


Submitted by SUEBEEHONEY70 on Thu, 04/23/2009 - 15:49

SUEBEEHONEY70

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I have filed CH 7 on own and my debt successfully discharged. I am currently working on a Chapter 13 years later. My advise is simply follow the rules. It amounts to a lot of information collecting about your debts filling out the forms. Take it a step at a time and you will get through it. Anyone one says it is very complex or risky to do on your own is probably fearful of the process. Why do you think the courts let people do it own their own? Because it is not that difficult. If it were, then they would not allow it and go to the great extent they do to provide forms and extensive help to the pro se filer. You need to be detail oriented and you will get through it just fine. Find out all that you need to do and do it right.


Submitted by on Fri, 05/01/2009 - 20:09

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In addition, there is absolutely no prejudice against pro se filers. The process is the same either way. Fill out the forms and jump all the hoops and if you do it correctly it makes zero difference if you have an attorney or not. Do you really want to pay attorney fees? Do you really want to wait around on an attorney's time frame to get the steps done that you could easily be doing yourself? Download the official forms for your state court. Read about what you need to do. Call the bankruptcy clerk office and they will be happy to help you with a general form question if you get stuck. Example of a question they can answer: do I need such and such a form for a Chapter 7, etc.


Submitted by on Fri, 05/01/2009 - 20:19

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