Does filing Pro Se increase the chances of a creditor objection?

[Lindsay]

We are planning on using a lawyer (have had a lawyer meeting, but not yet retained), but I'm still wondering about Pro Se filings. What happens if you file Pro Se and a creditor objects? Do you have to negotiate yourself with the creditor? Also, do you think that more creditors object if you don't have a lawyer as they figure you are without counsel and more likely to reaffirm? Would the creditor actually know if you filed pro se or don't they have that information? We're most likely going to use the lawyer (we're saving up now!), but I know alot of people do successfully file pro se on these boards. Thanks for any information.

[freshstart06]

No

[HHM]

To answer your title question...filing pro se has no bearing on whether a creditor objects. But yes, the notice of 341 meeting that gets sent to all creditors will state whether you are pro se or represented by an attorney.

If a creditor objects, and you file Pro se, then yes, YOU have to negotiate with the creditor or otherwise defend yourself, who else is the creditor going to talk too?

On the other hand...some "trustees" get a little more aggressive with pro se filers (although doing so is probably unprofessional), but trustee's do have a profit motive as they get a percentage of whatever they are able to collect, so some trustees (usually unintentionally) take advantage of the mistakes a pro se filer will make.

[Boscoe]

No, objections aren't more or less likely with or without a lawyer.

What kind of debt are you thinking might be objected to?

Objections are actually kind of unusual unless there is fraud.

[freshstart06]

Girl, you can have the best lawyer and things can go wrong, it has nothing to do if you decide to go pro se or not. However as stated above, Objections are not common because they have to prove fraud, period. There is no other way to object. ONce the trustee declares you have no assets you much guess you will not get any objections. But you would have had to lie on the application, have hidden assets, Made a huge luxory purchase in the last 60-30 days (and in some cases this may not matter)

It is also rare that the US trustee objects after your trustee declares you no-asset case. It does happen but usually if you fight long enough you will get discharge and you usually will find out if there is problems early on.

do worry to much, just try to stay positive. I wasted a lot of time worry and it looks like so far for nothing. We filed pro se and over the median.

[lrprn]

Lindsay, filing bk without a lawyer can be done - we have several members here who have done it successfully - but it's perfectly fine if you think it's best for you to use a lawyer.

Filing pro se isn't for everyone, especially if you have anything out of the ordinary about your case, there are judgments or garnishments against you already, you have assets you can't protect with exemptions, or frankly even you aren't willing to do the tremendous homework necessary to file successfully for yourself.

Just because some file pro se successfully doesn't mean everyone can or should. Search for pro se here in the forums to see both sides of the story for yourself. Using a lawyer to file isn't a guarantee of success either, but the chances of something going wrong with your case when a lawyer helps you is far less than if you file pro se.

[freshstart06]

lrprn, I think she was just asking if filing pro se increase objections not if filing pro se is successful.

[6ftladycop]

To answer your title question...filing pro se has no bearing on whether a creditor objects. But yes, the notice of 341 meeting that gets sent to all creditors will state whether you are pro se or represented by an attorney.

If a creditor objects, and you file Pro se, then yes, YOU have to negotiate with the creditor or otherwise defend yourself, who else is the creditor going to talk too?

On the other hand...some "trustees" get a little more aggressive with pro se filers (although doing so is probably unprofessional), but trustee's do have a profit motive as they get a percentage of whatever they are able to collect, so some trustees (usually unintentionally) take advantage of the mistakes a pro se filer will make.

Not only do some trustees take advantage of pro se filers who make small mistakes, but they try and get inappropriate with the ones who complete the process with out a problem. I am sure some of you remember my telling you a few weeks ago during the 341 meeting that a trustee(who was completely inappropriate) made the comment that my leased Cadillac 2005 CTS which I signed a "Lease acknowledgment agreement" which simply said that I intend to keep making my car payments which were not behind as I have always done. Once I did that, the car was never an issue until I got to the 341 meeting and the Trustee said "who helped you with your case"?. I told him I prepared the case myself and immediately he had an attitude and told me "I don't care if you vehicle is leased or not, seems like a person driving a Cadillac should have been able to hire a real lawyer? Even though the whole business is over with, I still have a bad taste in my mouth about the trustee. One good thing, I went to turn in my Debtors Education certificate to the Courthouse on this last friday. Imagine my surprise when several reps from the Bankruptcy administrative staff were standing outside the elevators of the courthouse with surveys about the experience we had in court. I remember one lady in particular told me that the surverys will not include any names or addresses in reference to the person filing it out, however the courts administrative higher ups wanted everyone filling out the surveys to be honest. She said that we can not address issues if everybody lies about their experience.

I could not wait to fill out that form. They were actually asking how we were treated. They wanted to know about the judges and the trustees. There was a rep for each court room. It was amazing. I almost thought that they were cold and heartless and did not care how these folks treated us, but I guess I was wrong.