urgent questions-pro se in pa

[angelmomsheila]

Waiving filing fees

Thanks Lindsey, I totally agree with your opinion. It was totally uncalled for, especially since, he had no idea what of my situation is.

Anyway, I thought I'd explain about having the fees waived for others who may be thinking about it.

You have to file an app with the court to have fee waived and they will also file your bk papers. Then they may or may not have a hearing to decide whether to have the fee waived--the court sents a notification that it's been granted, denied or pending a hearing. Meanwhile your papers are already filed, and if they don't waive the fee ,if you're eligible, they will setup a payment plan (so much a month for 6 months I think) until it's paid.

[cathywhite4495]

It's form B3B in Appendix 3. It's right behind the schedules. The reference to consent is at the bottom of the motion page.

[cathywhite4495]

I don't think you have to reaffirm student loans. They just stay there I'm not sure if you're aware but there is a repayment plan based on your income and after paying for 25 years, the remainder is discharged. I have a lot of student loan debt and this is the route I'm taking.

[justrock]

When you ask the Court to do something after you file your petition, you are asking the Court to "move" and give you "relief". In this case you are moving the Court to give you the relief of waiving the fees. The paper they gave you are your "moving papers", and as such they have to be served on all the parties in your case, which are your creditors. They are asking you to return with an "affidavit of service" which is a sworn statement saying that you served your "moving papers" on all the "parties" (creditors), who technically could object to the relief you request and serve opposition papers on you and the court stating why you are not entitled to the relief you requested. Don't see why they would in this matter it is no skin of their noses if you don't pay the Court fee.

[rilbrianne]

AMS, you do NOT have to justify anything to MajorMike or anyone else here. Frankly the post he/she made criticizing you for having internet was rude and inconsiderate. 99.9% of our members will never judge you because we've been there ourselves.

Bankruptcy is hard enough without having to listen to the "I never made a mistake, why did you?" type, This forum also has little tolerance for the condescending critic either (are you listening, MajorMike....or whatever you're calling yourself now. You're skating on thin, thin ice.)

I agree, Bless your heart. You have shown to be a strong person and I couldn't imagine what you are going through. I just want you to know I'm thinking of you and hope you find all the help you need. I'm a pro se filer too. Just had my 341 meeting today and it was very simple. In fact, everyone before us had attorney's but they had real estate as well. We didn't.

Keep coming back. You have been through tougher situations, you can make it through this... even w/ people who criticize. Hugs!

[angelmomsheila]

Thanks justrock, you seem like you know alot about this, so I just have a couple of questions?

I thought the papers they sent may have been the moving papers but I wasn't sure because the form they sent me says I have to serve "a copy of this Order and the Motion upon all parties..."

The caption on the form says this "ORDER SETTING DATE CERTAIN FOR RESPONSE AND HEARING ON MOTION" Is this the order and the motion? I hope so because it's the only form the sent besides a certificate of service.

Also is the "affidavit of service" the "certificate of service"?

I sent the the ORDER... and the certificate to all my creditors, the trustee, and the court along with a proof of mail form.

Do you think I missed anything?

If you have any idea, please let me know.

Thanks again

should have received more papers?

[angelmomsheila]

Rilbrianne, I appreciate your support. I'm really happy for you that you made it through the 341 without a problem! I found some reports last night on the web that basically said the courts and trustees don't like pro se filers because its a lot more work for them because pro se filers don't complete the paperwork at all or don't do it correctly! They were worried that offering the waiver for the fees would encourage more people to file chapter7, especially pro se filiers because they are typically people who can't afford an attorney or the fees!

Do you get the impression that the trustee didn't like the fact that you were a pro se filer?

Also, the report I was reading implied that there is usually not a hearing to waive the fee unless the US trustee objects. This really has me stressed out because I've read that if the US trustee gets involved in the case that he/she will make it extremely hard on you! I'm praying that this doesn't mean he/she's already involved.

[justrock]

Yes, the affidavit of service is the same as a certificate of service. Without seeing the actual papers I can't say for sure if what you have is your notice of motion but it sounds like it. I think you did the correct thing. I believe you have to return the affidavits of service to the Court, so they know that everyone was notified.

Sorry I took so long to get back to you I had to go to work!

[rilbrianne]

The US trustee probably won't get involved. This is probably so minor to them. They are looking for people who are hiding thousands of dollars in a hidden bank account or who aren't reporting hidden income. Unless your paycheck looks awesome but you can't afford a "measly" $300, I doubt the US Trustee will take the time to get involved.

He really didn't seem to have any different reaction to us. He asked most everyone the same questions, he asked us "who helped you with your paperwork?" and I answered " I filled it out myself", he replied "you filled it out yourself?" and that was all, so maybe I didn't do so bad...???? I don't know. But he didn't seem frustrated that we did it pro se. I have read of trustee's telling people they did better than the attorneys when it came to the paperwork. Just depends on how well you can understand it and how professional you can be with it.
Of course, I researched tremendously before I did my paperwork so when I finally filled it in, I was extremely confident. When I took it to the court clerk, she looked through it to make sure I had everything and said "let's see if your missing anything.... oh, you've got everything you need, great!". She was very nice. Luckily, I've had excellent experience and learning from my work history to make up for the absence of an attorney!
I agree that more people would probably file if the fees are waived but I couldn't afford an attorney. I had my father put the filing fee on his credit card and we're paying him back weekly for it.