Filing Ch 13 Pro Se

[solipsist]

After looking into many attorney options I think filing Pro Se is the only way I can get these garnishments to stop and keep a roof over our heads.

Any advice or things to look out for?

The thought of filing this alone scares me but Im out of options and this is the cheapest way to do it.

I am still worried that they will see my income as "Not enough" to pay back my creditors but am not eligible to file a CH 7 (Discharge 10/05) ... Can they deny you if you dont make enough to adequately pay the creditors back enough?

By the means test I do qualify for a CH 7 (by like 36,000) with my family of 3.

[SMinGA]

Yes & no. If you have some DMI for a plan payment, they can't deny it. Unless you have certain things that MUST be paid in full during the plan.

If you have mortgage arrears example, and you want to keep your home then the arrears must be paid in full during the plan.

If you have nothing of priority, then any amount paid to unsecured should suffice. Keep in mind the trustee will take a % of all you pay in, and each district varies in terms of whether secured debts are paid thru the trustee or not. Details such as that make an atty very useful. If you do decide to go it alone, perhaps at least do a few consultations first and ask as many questions as you can?

[solipsist]

Thanks for your reply!

I have nothing secured~Already lost our home due to all the garnishments.

All my debts are unsecured/collections/outstanding garnishment (for house / reposessed car $22,000)

Unless student loans will hurt that (I know they are not included) $42,000.

I do have income of 36,000 gross a year for a family of 3 right now.

[SMinGA]

From those details, I don't believe there would be any minimum amount to pay in.

Check out the pro se forum. I don't recall who, but there is one who recently (as in the past year) was confirmed on a pro se ch. 13 for I believe a payback of about 1%. It can be done. Then again, there is a benefit in working with an atty since they know the 'game'.

[justbroke]

Okay, here's the real deal. You are actually entitled to a discharge if the prior Chapter 7 was filed more than 4 years from your new Chapter 13 filing date. It doesn't matter if creditors will be paid a dividend or not. There are some Districts which seem to impose a "minimum" payback to unsecured creditors, but let's not concern ourselves with that.

You really should file with an attorney. With garnishments and other judgments, you want to do this right. Also a Chapter 13 requires the submission and "confirmation" of a "feasible" Chapter 13 Plan of Reorganization. It needs to be said that the great majority of Pro Se Chapter 13 debtors (around 90%) never get confirmed. This is usually because they are not highly versed in the requirements to get a plan confirmed, and to actually submit a "confirmable" (or feasible) plan.

Having wrote that, there are several of us on here who have filed Chapter 13 pro se and have been successfully confirmed. It's not without some expectation that there are 10% of us who do get confirmed, based on the statistics. However, it could be a very long road and lots and lots and lots and lots of reading and studying! Did I mention that you have to deal with objections from not only the Trustee, but also creditors who will probably come at you? Sometimes, the time spent on a pro se Chapter 13 alone, is worth hiring an attorney.

Again, we can help get you started, but all the studying and familiarization with the FRBP, FRCP, Title 11 and the Local Rules, forms and customs, will be for you to learn -- and learn quickly.

[pcbuilder481]

I filed my ch 13 pro se, it was a long process and I read alot about it. I took my time with all the paperwork and researched everything before I filed. I am now confirmed on my plan with 15% payback to secured with my payment to trustee at $90.33.

[systemslt]

research and study as if your going to file pro se, that way you will have a good idea of what to expect. when my lawyer sent "the plan" back to me for review before filling it it was full of mistakes. i was able to make corrections and sent it back. plan was confirmed.