Filed Pro Se

[justbroke]

Okay, I'm having a full professional appraisal performed, at my expense, this week. Some initial eAppraisals and the Property Tax Assessment put the home's value below the secured claim (and principal mortgage balance) that was filed by the lender.

Yes, I'm going for a lien strip off!

This is very popular in the 11th Circuit, as the decision In Re: Tanner is very settled caselaw here. (They mention Noblemen as well, which was a Supreme Court case.) I have also been in session when a lien was successfully stripped, and it wasn't even that adversarial. Only thing entered into evidence was the Debtor's URAR (full professional appraisal) of the property.

Once I have the URAR, I will go back to the Bank. I still need a Modification on the arrearage to make my Plan not be negative.

This should get interesting, as it will totally change my Plan. This will also make the unsecured creditors real upset, as they are going down from 80%+ to under 10%!!! At this rate, I'll never be confirmed!

[MajorMike]

Wow 3-4 months for confirmation. We were confirmed the same day.
Good luck with the mortgage company.

[No Gravy]

I'm actually going to do this. My strategy, is to see if they'll change their second mortgage (they own both mortgages) to an unsecured claim (but I allow them to keep the lien). Would have to be some serious negotiating, but it's a win-win for everyone. Otherwise, I abandon and they get less than the value of the first!

My lender's gonna be in for a shock when they do the final walk-through on my place.... I doubt the broker or the appraiser ever told them in was in the middle of a major remodel....

[Flowers]

I am impressed and inspired by your decision to file pro se. Hope it continues to work out for you!

(ps: speaking of organization of paperwork, anyone ever see the old episode of the "Odd Couple"? Felix gets called down to the IRS office because they want to meet the man who makes their job so easy, such a pleasure with his organized returns!)

[justbroke]

Might not hurt to talk to them and hear what their offer is. I don't believe you'd be bound to accept it, and if they're like MY lender and see a "modification" as requiring me to make the same payments I was...well, then that would make the decision so much easier.

I'm actually going to do this. My strategy, is to see if they'll change their second mortgage (they own both mortgages) to an unsecured claim (but I allow them to keep the lien). Would have to be some serious negotiating, but it's a win-win for everyone. Otherwise, I abandon and they get less than the value of the first!

[No Gravy]

Finally, the Bank on my homestead has filed a motion for relief from the automatic stay. I quickly filed a concurrence response.

My problem: I noticed on the motion that the lender has asked if they could talk to me about a modification. I'm having second thoughts now! If they got rid of my second... I could actually afford the place.

Will let you know what happens. I would hate to move again (since I already abandoned the property).

Might not hurt to talk to them and hear what their offer is. I don't believe you'd be bound to accept it, and if they're like MY lender and see a "modification" as requiring me to make the same payments I was...well, then that would make the decision so much easier.

[justbroke]

Finally, the Bank on my homestead has filed a motion for relief from the automatic stay. I quickly filed a concurrence response.

My problem: I noticed on the motion that the lender has asked if they could talk to me about a modification. I'm having second thoughts now! If they got rid of my second... I could actually afford the place.

Will let you know what happens. I would hate to move again (since I already abandoned the property).

[justbroke]

Initial Confirmation Hearing

Back from my "Initial" Confirmation Hearing. I also had a Motion before the court to do some partial plan payments (outside of a Wage Deduction Oder). My motion was granted (yipee!). Since this was the initial hearing, it was really for the judge to get a flavor for the Debtor (me). The most significant question to the Tee, was "Is he current?" I am.

They said it takes 4-5 months for Confirmation. All of my Claims aren't in anyhow, so I can see why they wait for Confirmation.

I felt very comfortable, being the only pro se person there today, with all those lawyers. My confidence. after hearing the call for all persons in the matter to enter an appearance... when I walked up to the podium was perfect as I stated, without missing a heartbeat and looking the judge straight in the eyes "Good Morning your Honor. Mr. Debtor appearing pro se". She gave me a nod.

Both the Judge and the Tee were very pleasant and realized I was pro se but also realized that I had my stuff in order. I talked to the Tee's assistant after the hearing to go over some things in the Plan. Everything is okay for them so far!

[No Gravy]

First, maybe you should come over and look at my files!

Hahahahaha! Your system sounds like it works just fine

Secondly, I just completed my backup! Today it was to CDROM as I have an evidentiary hearing on TUESDAY. Oh boy.

Good luck on Tuesday! I'm sure you'll dazzle them with your organizational skills, and have the creditors quaking in their boots.

[justbroke]

Excellent suggestion on backing up local files. One can never back up too much.

First, maybe you should come over and look at my files!

Secondly, I just completed my backup! Today it was to CDROM as I have an evidentiary hearing on TUESDAY. Oh boy.

[No Gravy]

Okay, I'm crazy... I know...

Crazy like a fox!

but you MUST stay organized if you're a pro se filer, and it doesn't hurt to be organized if you have a lawyer.

I've always believed in dazzling 'um with paperwork (and always have more documentation than is called for), in any situation that calls for it. I remember the first time I refinanced my house and was asked to bring in some paperwork. I did, all in binders with color-coded sections, etc. The mortgage broker's eyes glazed over...and she asked me if i would come to her house and organize her files.

We later became personal friends, and whenever she'd introduce me she said "OMG, you should SEE this girl's paperwork!" LOL! there are other talents I'd rather be known for....but whatever

Excellent suggestion on backing up local files. One can never back up too much.

I also have a master Spreadsheet which tracks money I spent on delivery (service) to creditors, attorneys and other contact information.

OK, I have to ask. Are these charges tax deductible, or is it for another reason? I've saved all my expenses also, but haven't gotten to the point of researching if they are deductible or otherwise of use to me.

[justbroke]

My case file organization!!! Thought I'd share my filing system for other people who may attempt pro se.

I have a well organized directory structure on my PC. I back it up DAILY as I have filed pro se and my entire case and history are there.

Here's how I have mine set up (NOTE: the "00" and "01" numbers are for SORTING purposes.):

• 00 00 Pending Motions -- these are "shortcuts" to actual pending documents (which stay in their respective folder)
• 00 00 CASE XX-XXXXX-XXX -- contains everything filed and received from PACER (notices, orders, etc)
• 00 01 FOR TRUSTEE -- for the Trustee
• 00 01 TO DO - IMPORTANT -- Other Than Motions, Objections
• 00 02 PLAN -- The Plan
• 00 03 CLAIMS -- Claims (see below)
• 00 04 FILED -- Documents FILED with the Court (organized into sub-folder with the date -- e.g. 20080824)
• 00 05 MOTIONS -- Drafts of Motions
• 00 88 STATE STATUTES -- Statutes
• 00 99 OTHER -- Junk

The CLAIMS folder is organized by Claims. It looks like this

• 01 - SOME CREDITOR NAME #1
  • DOCUMENTATION -- contains the actual claim and supporting documentation submitted by the creditor
  • OBJECTION -- ONLY if I objected to it
  • NO OBJECTION -- A Blank Folder if NOT objected to
• 02 - SOME CREDITOR NAME #2
  • DOCUMENTATION
  • NO OBJECTION
• 03 - SOME CREDITOR NAME #3
  • DOCUMENTATION
  • OBJECTION

The first number is the Claim number filed. So claim number 1 get folder "01 - SOME CREDITOR #1". The numbers are used for "sorting" the folder! Keeps them in order. Inside of each CLAIM folder I do two things.

That's pretty much it for the organization. I also have a master Spreadsheet which tracks money I spent on delivery (service) to creditors, attorneys and other contact information. I also have a Form B22C in a spreadsheet to do quick what-if calculations, as well as a "payments" spreadsheet which will also tell me what happens if I modify a payment to a creditor.

Notice!!! When using PACER, it will save files with the SAME filename. The standard filename on pacer is opn_view.pdf. When you save it, make sure to use a name which represents what it is. I usually use the "CAPTION" information on the document (e.g. ABC BANK OBJECTION TO CONFIRMATION OF PLAN.pdf).

Let's see... more things to note. I have the Federal Rules of Bankruptcy Procedure bookmarked into my browser

[url]http://www.law.cornell.edu/rules/frbp[/url]

Of course, I have my local District's site as well. The Bookmarks are organized too for easy finding. Don't just have a bunch of bookmarks laying around, you'll never find stuff that way.

Okay, I'm crazy... I know... but you MUST stay organized if you're a pro se filer, and it doesn't hurt to be organized if you have a lawyer.

[JRScott]

Sounds like you are doing great

Good Luck

[No Gravy]

Well, I found that CitiFinancial, at least in some parts of the Country, fail to perfect their security interest. So, they don't have a leg to stand on when it comes to a secured debt.

I have wondered about how they calculate their interest. I only questioned it because about a year into the contract I got a letter saying that during an internal audit they found that my monthly payment had been set too low, and that during the next billing cycle it would be adjusted. I went back through my statements from them...and the figures I came up with were radically different than theirs.

I always meant to go back through the statements and make sense of them...but my life got crazy for a while, and I never had the time. Doesn't matter now, anyway.

I've read somewhere, in all my readings, that hardly any of the store cards come after you as secured, unless you spent a lot of money real recently. I haven't spent money on my "store" cards (Lowe's, Home Depot, furniture, etc) in 1-3 years... with most over 3 years ago.

Luckily my furniture was paid off almost 2 years ago, but Home Depot....yeah. Did a lot of business with them, due to remodeling my house. Last time I shopped there was May, and nothing then that would be "repo-able", unless they repo air conditioning units. I'm actually surprised they don't put a lien on the house, since it's now a part of the house. Not that it matters, I'm $100k upside down...

The Bankruptcy Law Network (http://www.************************) is pretty good for posting different decisions and techniques used by various Lawyers throughout the country.. I haven't found a similar one (other than the ABI). That's if you like to read, and is a great resource for pro se filers.

Excellent resource, thank you! I've been reading and absorbing as much as I possibly can. Some of the BK code is confusing, since the key it seems is in the interpretation of the law, and not the written law itself. Interpretation of the law can only come from experience.

OTOH, I think I'm up for the challenge of doing this myself. *crosses fingers*

Thanks again for that link and the pointers!

[justbroke]

I was really surprised when the attorney I spoke with said 2 of my creditors, which I had assumed would be secured, are really unsecured.

One company is CitiFinancial, $11k for new windows for the house, and CitiBank/Home Depot for $18k, most of that was for a new central AC.

Months ago I had nightmarish visions of CitiFinancial "repossessing" my windows because I hadn't paid the bill...

Well, I found that CitiFinancial, at least in some parts of the Country, fail to perfect their security interest. So, they don't have a leg to stand on when it comes to a secured debt.

I've read somewhere, in all my readings, that hardly any of the store cards come after you as secured, unless you spent a lot of money real recently. I haven't spent money on my "store" cards (Lowe's, Home Depot, furniture, etc) in 1-3 years... with most over 3 years ago.

The Bankruptcy Law Network (http://www.************************) is pretty good for posting different decisions and techniques used by various Lawyers throughout the country.. I haven't found a similar one (other than the ABI). That's if you like to read, and is a great resource for pro se filers.