If you talk to some lawyers, they will absolutely advocate against someone filing their own bankruptcy petition. But the fact is, about 10 %- 15% of people who file Chapter 7 do so without an attorney and most do it successfully. I don’t have a problem with someone filing their own Chapter 7, but I do get concerned when someone tries to manage their own Chapter 13 bankruptcy.
Chapter 13 bankruptcy is a whole other animal. There are more reporting requirements, and crafting a repayment plan that will be accepted by the creditors, trustee, and court takes knowledge of the Bankruptcy Code, forms, and local procedures. Chapter 7 trustees are used to dealing with pro se filers and for the most part are patient in working with them. Chapter 13 trustees seem to be less patient in dealing with people who file without an attorney.
We get a call or two every month from someone who has filed a Chapter 13 without an attorney. We usually invite them and ask them to bring everything they’ve filed with the court and all correspondence they’ve gotten. We can also look their case up online to see where the case is procedurally. Without fail, we’ll see forms and schedules that have been inaccurately completed. We’ll look at any objections to the repayment plan that have been fail (and there is always at least one). It’s usually after the objections have been filed that someone will call us, looking for help.
Fortunately, we can help. After we review the petition, plan, and all of the client’s supporting documents to make sure there are no discrepancies with the petition, we’ll enter an appearance. From there on out, we’ll take control of the case. We’ll update and amend the schedules and review the plan to address any objections that have been filed and make sure that the minimum allowable payment is provided for.
Our job is to guide our clients through the bankruptcy process to make sure they get through it safely. That’s our objective whether they come to use from the beginning or after they’ve tried to manage their own bankruptcy.
If you need help with your Chapter 13 bankruptcy, we hope you’ll give us a call for a free consultation with an experienced Colorado bankruptcy lawyer. You can schedule an appointment by calling 303.331.3403 or by using our online scheduling system.
More helpful articles:
What Is The Difference Between Chapter 7 And Chapter 13 Bankruptcy?
Can I File Chapter 7 Or Chapter 13 Bankruptcy?