Should You File Bankruptcy Pro Se?

Should you file bankruptcy pro se?

Say what? Pro Se. Pro Se is Latin for by oneself or without an attorney. So should you file bankruptcy pro se? I don’t know, how smart are you? You may be a perfectly capable and very intelligent person but there is a great deal of debate going on about whether or not you should file bankruptcy pro se because one mistake can foul up an entire bankruptcy outcome.

I like to think that I could have filed bankruptcy pro se but I’ll never know because I opted to hire an attorney. It was comforting to know that there was going to be someone with me at my 341 hearing (meeting of the creditors) and I wanted to be able to refer creditors to someone else.

My phone was ringing off the hook and I had stopped answering the phone. Not only were they calling me at home; some were calling me at work and a couple even contacted my relatives. Once I retained my attorney, I started answering the phone and gave each creditor, one by one, my attorney’s name and number. My phone did not go completely silent but grew much, much quieter. This was a huge relief.

One reason that you may want to file bankruptcy pro se is obvious. You have NO money. Hiring an attorney is expensive and you have no idea how you are going to come up with the dough.

The good news is that many bankruptcy attorneys will let you pay them off over time. They will not file until they have been paid in full (including the filing fee) but may handle creditor calls for you in the meantime. This is a good question to ask when interviewing potential attorneys.

Another reason you may want to file pro se is to be the master of your own destiny. After all, who cares more about your bankruptcy than you do? Well, that makes sense but can also be risky. Your best bet is to educate yourself, hire a good attorney and then stay on top of all proceedings. Don’t be afraid to ask questions when you think something might be overlooked.

Many people filing bankruptcy on their own make mistakes that cost them a successful discharge. Still many do file bankruptcy pro se successfully. The decision is yours to make so make it carefully. If you do decide to file bankruptcy pro se, buy a good book on the subject but make sure it is up to date with the current bankruptcy laws. The Nolo Press books have a good reputation amongst pro se filers.

Good luck whatever you decide!

I Found My Los Angeles Bankruptcy Attorney on eBay!

I'm not kidding! I wasn't really looking for a Los Angeles bankruptcy attorney on eBay..that would be absurd...but not as absurd as actually finding one on eBay.

I was looking for books on bankruptcy and stumbled across this law firm's ad for Los Angeles bankruptcy attorneys. I had already consulted with a few other bankruptcy attorneys that I had found online, but hadn't yet found one that I was both comfortable with and could afford.

This guy sounded affordable so, after googling him and finding that he and his firm had a good reputation, I called and set up a consultation for that afternoon.

I had been doing my homework online for months preparing for this bankruptcy so I already had a list of questions but I was nervous. He quickly put me at ease though, and that was no easy feat.

So after a successful consultation, I finally had an Attorney. It was the strangest feeling. I had a bankruptcy attorney.

I would not hesitate again to find an attorney online. Mine no longer advertises on eBay--I just checked--I don't know why. Guess it wasn't as good for him as it was for me...ahem. Unless you know someone who can recommend a good bankruptcy attorney, which isn't likely since no one likes to discuss bankruptcy, finding your lawyer online is probably the best way. If that makes you uncomfortable, well, there's still the yellow pages.

Or if you're one of those broke but brave types, you file pro se (without an attorney) but I'll discuss that in another post. Me, I needed the comfort that came with having an attorney. I needed a bankruptcy blankie.

My Los Angeles Bankruptcy attorney has to be my best eBay find ever!

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Bankruptcy Los Angeles County Court Experience

The decision to file bankruptcy in Los Angeles Court was the toughest one I've ever had to make. I was scared......terrified actually. I had been completely mismanaging my money for years and I felt like a colossal failure. My self esteem was at an all time low and I had no idea how I was going to get through this.

To top that off I had no one to talk to. The big recession hadn't quite kicked in (at least no one was admitting it yet), and filing bankruptcy was still considered the social equivalent to throwing a puppy out of a car window on a busy metropolitan freeway. To this day, my filing remains my dirty little secret.

If I had to do it over again, I would have done it much sooner. Filing bankruptcy in Los Angeles County court just a couple years earlier would have lessened the pain for both me and my creditors. Instead, because of the terror that the mere thought of bankruptcy invoked, I just kept borrowing money to pay on what I already owed. I kept telling myself that eventually I would miraculously be able to pay my bills off. I was gonna write that book or win that lottery. Of course, eventually, no such thing happened. Eventually the well ran dry and there simply was no more credit to be had. I was nearly 85K in the hole and there was nowhere else to turn.

Don't get me wrong. I am fully aware that there are plenty of people who are forced to file bankruptcy through no fault of their own. (Donald Trump comes to mind..snicker) There are serious illnesses and unexpected job losses that financially ruin people all the time.....that's just not the case for me and I have to own up to that.

Perhaps the best advice I came across in my quest for knowledge prior to my bankruptcy filing, is that filing bankruptcy is a business decision. I can't take credit for that little pearl but I am thankful for it. After all, the law does afford us this privilege. Bankruptcy is meant for us to get a Fresh Start...a second chance. That little piece of advice allowed me to proceed in, for the most part though I did have my moments, a rational and calm manner.

Of course, things have changed a bit in the last couple years. The recession has seen to that. With more and more people filing bankruptcy, it has almost become common place if not acceptable. But it's still a very tough pill to swallow.

If you are considering filing Bankruptcy in Los Angeles Court, there aren't many people who will be able to, or willing to, openly relate to what you are going through. Me, I've been there, done that, got the discharge.

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