Pro Se And Got Discharge!! More Questions...

[peterk201]

That's right! As a pro se litigant I received a discharge in my case involving more than $50,000 (I live in New Mexico). All exemptions were nondisputed.

However, in all the joy there is a bit of confusion. I received a letter from the bankruptcy court claiming I am entitled to a discharge, but there are no specifics. On the back of the paper there is some general info that says :

"Debts that are discharged:
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all types of debts are discharged if the debts existed on the date the bankruptcy case was filed.

Debts that are Not Discharged:
Some common types of debts that are not discharged in a chapter 7 bankruptcy case are:

a. Debts for most taxes

b.Debts that are in the nature of alimony, maintenance, or support

c. Debts for most student loans

d. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged"

Then it says in bold letters:

"This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case."


Huh? Consult an attorney in THIS case? I didn't save $500-$700 dollars in attorney fees going Pro Se only to need an attorney AT THE VERY END!

Can someone help please? I had a school loan listed as part of my debt, but from the beginning I didn't think it was dischargable. It had to be listed as a matter of formality.

Should I assume all my other debts (all credit cards) were discharged? Or--is there some way to determine the specifics in my case without needing a lawyer? Is there some way, for example, that I can send a letter to the bankruptcy judge requesting specifics? There was no "final hearing" that I was required to attend in the presence of the judge, only the 341 meeting, which I attended, of course.

I would greatly appreciate a response from anyone experienced with the above.

Thanks! And good luck to all you other Pro Se litigants! YOU CAN DO IT!

[davidb81]

sounds like you are done! congratulations! I'm pretty sure that stuff is on all discharges.

[HHM]

Welcome to the world of pro se bankruptcy. All bankruptcy discharges look like the one you received. Most of what happens in bankruptcy is determined by the statute. The court nor the trustee go through and itemize your accounts and tell you which ones were or were not discharged. You will want to look at 11 USC 523 (that is Title 11 of the United States Code, Chapter 5, section 523). It will tell you which debts are not discharged, if any of your debts meet the definitions in that section, they are not discharged.

But congrats, you are done. Rest assured, all your credit cards are discharged and you won't owe them any more money. The student loan is probably not discharged.

[Minnymouth]

Congrads on a "job well done"........
HHM is right, student loans are not normally discharged unless they are private loans thru a bank or such...

Minny

[hhou812hh]

I normally don't advise anyone going pro se, but you did it and got the discharge, so congrats and good deal!!! Now for the fun of rebuilding and learning from it all.

[newday]

congratulations! can you detail the process and the timeline? I'm thinking of filing Pro Se and I'd love to read more personal experiences.

[peterk201]

Thanks for all for your nice comments, and thanks to the forum for helping out at times. When you are pro se it is easy to feel that there's no where to go for help or advice, but this forum sure helped!

As far as a timeline is concerned, well, be aware this would vary depending on how organized you are. I have been working on my case since February, including the time it took me to get my records in order. I filed in April, then a trustee meeting was set for the beginning of June. After the 341 meeting with the trustee I had to wait until the end of August before I was notified of the discharge. Yes, that's 7 months of waiting, but I could have probably shortened it by two months. I was waiting a full 90 days after my last credit card usage.

Thanks again, and I will go to the federal bankruptcy code to read more specifics about what is dischargable.

One more note: As the time nears for revisions to the bankruptcy law (i.e., individuals whose income is at least at the median for your state will be forced into a chapter 13 reorganized payment type of bankruptcy) the courts will likely be getting backed up, which will make the process a longer wait. In fact, more and more people seem to be coming here to this forum, which I suspect will continue. If you are trying to go Pro Se in your bankruptcy case, get yourself a good book to learn how to fill out forms correctly (preferably one written by a lawyer). I was also able to find out much info about procedures (not advice) through the bankrupty court office clerks in my state. Check to see if there is a website for the bankruptcy court in your state or district.