Filed Pro Se

[liz417]

Hi Justbroke,
It sounds like you are well prepared! Good Luck!

[justbroke]

Plan filed on Thursday... woohoo! That just cost me $41.00 in postage alone.

I just got my first Claim and I just filed an objection to it. It's an "assigned" loan and they didn't provide sufficient documentation on the assignment, and the loan is shaky as it doesn't describe the actual property that they hold a security interest against, so it's a motion to disallow the entire claim. I hope I am granted my motion!

Anyhow, sure there are lots more objections and motions coming. Should get even more interesting soon.

The Trustee's office asked me not to mail them things. They will get automatic updates from the Court (electronic notification). I guess they don't want a lot of service by mail. Will save me a few stamps I guess.

[BKParalegal]

Wow 75% to your unsecureds?!? Umm, that is a bit....no that is really high, hopefully your unsecured creditor pool was small and that is why the percentage is high. It is only been in very extreme cases where i have paid much more than 30% on the dollar to unsecureds. Also, I have to believe it is rare for someone to file a Pro Se 13. There are so many nuances to getting the plan right as well as the budget, and this is using software developed for that.

Lastly, what are your payment and for how long?

Good Luck

[justbroke]

Wow 75% to your unsecureds?!? Umm, that is a bit....no that is really high, hopefully your unsecured creditor pool was small and that is why the percentage is high. It is only been in very extreme cases where i have paid much more than 30% on the dollar to unsecureds. Also, I have to believe it is rare for someone to file a Pro Se 13. There are so many nuances to getting the plan right as well as the budget, and this is using software developed for that.

Lastly, what are your payment and for how long?

Good Luck

Well, I have very sufficient income to fund 70%-80% to unsecureds (about $2.7K/month) on top of about $3.4K a month in debt service to secureds. The major difference is in how much the Trustee gets (up to $610/month in my plan!) You'd think the unsecured creditors would object to that!

I filed to save property due to arrearages and property taxes.

Yes, Chapter 13 Pro Se is complex, but I have plenty of time on my hands (I'm employed, but I like research anyhow). Yes, there are nuances, and I studied over 100 Plans from my District and have been communicative with the Trustee's office and becoming acquainted with the Clerks in the Court. I visit the court often so they know me when they see me.

Yes, I'm no lawyer, and this is not for the average person (filing Chapter 13 pro se). You have to say on top of many things, and study the Federal Rules of Bankruptcy Procedure as well as follow Local Rules. If I get into an Adversary Proceeding... I may just give up and hire a lawyer.

I was actually complimented by the Trustee's office for being on top of things.

[BKParalegal]

Well it sounds like you have done your homework, so congrats to you for handling a monumental task. And way to be proactive and object to the claims, you will be surprised at your success with that.

Good Luck

[arkienurse]

Congratulations on filing pro se!!! Good luck to you, and I hope there won't be any bumps in the road.

BTW be very careful of checking PACER every day. Each time you click and look at a page it is $.08. That may not look like much, but it adds up very quickly. We just got a bill the other day for the past quarter and we owe $128.00 that we could sure use someplace else.

With many thanks to SinkingFast, here is her post on PACER. If you follow her instructions, you can check and see if there is a new filing in your case without incurring further expense. And always save a copy of whatever you look at, because you are charged every time you look it up on PACER:


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Since PACER can be confusing to use, I thought I'd post a short Tutorial on how to access information about an Individual's Case.

When you go to PACER, you'll have to register to gain access.

Tool bar at the top of the PACER main page, upper Left, Register. If you use a Debit Card, you can get your log-in ID and password via email. And you can get immediate access. Otherwise, you have to wait for that info to come in the mail, about a week to 10 days or so.

After you get your ID and password, go to Links on the PACER main page. Top toolbar, upper left, next to Register. You'll get a drop down menu.

Select PACER Links. Next page, select BK, upper toolbar to the right.

Then, find your State and District. Click on that link.

Next page, you'll see a Court Seal top center with a Link under it. Click on that link.

Next page, you log in with your User ID and password. Click "log-in" and it will take you to a new page.

In the top toolbar, select Query. Next page, you can enter your BK Case number or SSN and click "run query". It will take you right to the main page of your BK filing.

BK paperwork is posted on PACER in .pdf format so you'll need Adobe Acrobat Reader to open the files.

Be sure to check the Date of Last Filing when you access info about your case. If that date does not change, no new info has been posted in your case. No need to access Status, History, or Documents. Therefore, no cost to check and see if anything's happened in your Case while you wait.
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PS- I miss SF a lot, wish she would come back to visit.

[arkienurse]

I just filed Pro Se for protection under Chapter 13 of the U.S. Bankruptcy Code. That was a LOT of paperwork!

Going to the Clerk's Office was fun... I was out of there in less than 5 minutes. It was worth going, because the local form on their website is different from the local form they are using. Go figure!

Now it's fun telling all the creditors that the automatic stay is in affect. Actually, I was in the middle of a MODIFICATION of my mortgage on my investment property. We had completed the deal and I called today to talk with the Negotiator. She said she can't help me anymore because she talked to the Bank's attorney, and they informed her that I filed Chapter 13.

I was able to probe the Negotiator and asked her "if the Trustee agrees can I get the same modification deal?" (The deal put all the arrearages into the loan). She said yes, so I have to wait to talk with the Trustee.

I'll keep everyone up to date on what happens at my 341 meeting.

ETA: I have a PACER account and see my case is in the system. Will check PACER daily as the fun now begins.

My hat is off to you for having the guts to file a 13 pro se

[justbroke]

There's another way to save money with PACER. If you register with Electronic Bankruptcy Noticing (http://www.ebnuscourts.com/) you can get most things, except Claims and other items, via e-mail links. The first pull from the e-mail link is free. Just save it off.

Learning how to save things (even if you just peruse it and think "I'll never look at that again") is important. A good filing system is important too.

I already wasted alot of money on PACER so I'm speaking from a little experience.

[MajorMike]

Did you file pro se for a reason? I know you can put the payment to the attorney in the plan for most.....so I wondered.

[MajorMike]

Hello?

[justbroke]

Hey Mike. I didn't get an e-mail notification of your posting. So sorry for responding late.

In any event, I filed pro se for two reasons. Of course, the first is money. A few lawyers I consulted with wanted $2,800 in a retainer and the balance in the Plan. I just didn't have that on that date.

The real problem was that I was working with my Bank to save my investment property. They were dragging their feet for MONTHS. They even told me, once I reached them 2 weeks before a sale date was assigned (!), that they wait until the last minute because there is just too much to do! So, it was Tuesday and I hadn't heard from them and needed to file by F4riday (to stop the Monday morning sale). So, I had talked to lawyers two weeks prior and the almost $3K they wanted on retainer was way too much and I couldn't afford it (I had some mandatory large payments to send out that same week).

Anyhow, time ran out and I had no choice but to file.

The second was, I believe(d) that I could do this myself... even with the complexity. Worse case is I end up retaining a lawyer. I do not recommend this for anyone, unless they are savvy and diligent. There are just way too many procedures and rules. If it's a straight No Asset Chapter 7 or even a very small Chapter 13, no problem. My unsecureds are over $200K and my secured is over $1,000,000.00. Lots of creditors... complex. However, there aren't any strange things so I thought I'd give it a run.

[No Gravy]

.................................................. .....................................
Since PACER can be confusing to use, I thought I'd post a short Tutorial on how to access information about an Individual's Case.

Excellent, thank you!

[No Gravy]

You belong in the Pro se hall of fame Congrats on getting through that.

[justbroke]

Notice of Deficient Filing

Well, my first procedural problem. I just got a Notice of Deficient Filing on my Objection to Claim! Yes, stupid me... I cut and pasted the address from the Claim directly out of CM/ECF (PACER) and forgot to add "Attn: SoandSo SomethingRatherAnother". Yep, the clerk sent it back to me. Sheesh.

Oh well... details details details. I had read the Local Rule and I knew what I was doing, but one simple line missing and you get a deficient filing.

[MajorMike]

Wow, your attorney is high! Mine was only $1400 and I only had to come up with $200 up front I think....and the rest went into the plan...I can't remember exact figures but he was great to work with.