What does it mean to have pro se bankruptcy representation?

I want to file for bankruptcy and don't have a lot of money for an attorney. I am worried about filing by myself, but am not sure who to turn to. I heard that I can file "pro se." What does that mean, and what are the pros and cons of doing so?

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Answered By: Guardian Law Group PLLC

Call now: (888) 799-4244

Pro se means that you are representing yourself. You can file yourself but this can be long, burdensome and cause you alot of extra work. I recommend getting an attorney (consider it an investment) and get a consultation soon to understand your options.

Answer Applies to: Utah - Replied: 9/13/2011

Answered By: Breckenridge and Walton

Call now: (810) 239-4050

Pro se means "on your own", or no attorney. If you file without an attorney, you risk losing something that you could have saved. I can recover garnished funds, protect bank accounts and tax refunds, your retirement funds and IRAs, household goods, jewelry, and many other things. It is worth the expense to have someone that can do this. If you do not know the law, how do you think you can make it through without losing anything? It will be worth the money, and often I know issues that will make my fees less than what doing it alone would cost you.

Answer Applies to: Michigan - Replied: 9/27/2011

Answered By: Paul Stuber, Attorney at Law

Call now: (303) 442-6448

Pro se just means, in Latin, by yourself. It means you do not have an attorney. Many people file pro se, but it is a difficult and lengthy document to put together a bankruptcy petition.

Answer Applies to: Colorado - Replied: 9/23/2011

Answered By: Mercado & Hartung, PLLC

Call now: (206) 898-2336

Pro se means you are not represented by an Attorney, Although not required, it is highly recommended that you hire counsel.

Answer Applies to: Washington - Replied: 9/21/2011

Answered By: Eranthe Law Firm

Call now: (415) 504-2006

"Pro se" means you have no attorney and are filing for yourself. The pro is you don't pay for an attorney. The cons are many. Bankruptcy is a complex matter with many different laws to take into account. If you are considering doing it yourself, buy a Nolo Press self help book and read it. Then study it. Study the local rules which you can find online at the U.S. Bankruptcy Court's website. If you can make sense of this material and feel comfortable tackling it, then go for it. If you make a mistake you will hear about it and can try to figure out how to fix it. The court and the court's personnel will only tell you if there is something missing or something wrong. They will not tell you how to correct it because they cannot practice law. It is dangerous to file your own bankruptcy unless you have nothing to lose and then you probably don't need a bankruptcy at all. Many knowledgeable bankruptcy attorneys provide no cost consultations and can tell you how much it will cost for them to take your case. It might be less than you think and it will take a lot of stress of your shoulders to have your case well managed.

Answer Applies to: California - Replied: 9/19/2011

Answered By: Heupel Law

Call now: (303) 955-7570

Filing pro se means that you file everything yourself and go to court without an attorney. I would recommend you borrow the money from a friend or wait until you get your tax refund so you can hire a competent attorney. It's not worth the risk of doing it wrong.

Answer Applies to: Colorado - Replied: 9/16/2011

Answered By: D T Pham Associates, PLLC

Call now: (713) 522-7270

Pro se means by yourself, without an attorney.

Answer Applies to: Texas - Replied: 9/16/2011

Answered By: Law Office of Andrew Harris

Call now: (541) 414-3328

Pro Se means that you represent yourself. You must prepare your own bankruptcy petition, file it with the proper court, attend the 341a meeting by yourself and are in fact in charge of your own case. There are many attorneys out there that will take payments. I would advise you to speak to an attorney before attempting thisendeavor.

Answer Applies to: Oregon - Replied: 9/15/2011

Answered By: The Northwest Debt Relief Law Firm

Call now: (503) 232-5303

It is Latin for "on behalf of himself/herself" The downside is that you could have to attend more hearings than you would if you were represented, do a ton of paperwork that you are not qualified to complete and risk losing money to the bankruptcy trustee that you might have otherwise kept.

Answer Applies to: Oregon - Replied: 9/15/2011

Answered By: Grasso Law Group

Call now: (855) 776-7872

"pro se" is just a way of saying that you are filing for yourself without an attorney (i.e. representing yourself in the matter).

Answer Applies to: California - Replied: 9/14/2011

Answered By: The Law Offices of Kristy Qiu

Call now: (954) 282-8296

that means that you pick up the forms from the court's website or clerk's office and fill them out yourself, and file them yourself. If you're worried about messing up or not sure how to do it, and you really don't have the resources to pay an attorney, contact your local legal aid office, they will find an attorney to file the case for you pro bono. If you make less than 1,350 a month, you will qualify for legal aid help.

Answer Applies to: Florida - Replied: 9/14/2011

Answered By: Ross Smith, Attorney at Law

Call now: (419) 502-0051

"Pro se" is fancy Latin for "Lost Soul." I'm sorry, I fibbed a little. It means "for myself." It is not a good thing to file pro se. Just take a look at thebankruptcy form. It's long and complicated. It has words in it that non-bankruptcy attorneys don't even understand. If you think you can handle this yourself, try to fill out the form 22A or 22C at the end of the petition. You will see that you have doubts and questions and total blanks when you try it. Now consider, the most likely penalty for messing up is going to be the loss of your discharge. Your creditors will gnaw on your bones forever. And the worst penalty is a $10,000.00 fine and 5 years in jail. Plus you can lose your property. Ouch! So go see an attorney, Many don't charge for the initial consultation. Most don't care how slowly you pay, as long as you pay. Of course, they can't actually file until you are paid in full. A good attorney is well worth the cost. Good luck.

Answer Applies to: Ohio - Replied: 9/14/2011

Answered By: G. Anthony Yuthas & Assoc.

Call now: (303) 232-0615

Pro Se means that you are filing without the assistance of an attorney. This is usually a very bad idea. While you can do it, Bankruptcy can be a very complicated legal area and you really need the advice of an experienced attorney.

Answer Applies to: Colorado - Replied: 9/14/2011

Answered By: Bankruptcy Law Center

Call now: (303) 776-8849

Under Colorado Bankruptcy law, it means that you represent yourself in all bankruptcy matters or, in other words, you are not represented by an attorney. You are acting as your own attorney and are not relying on legal advice from any other source. You are not prohibited by Colorado Bankruptcy law from representing yourself or filing a "pro se" bankruptcy. In fact in Colorado about 10% of debtors in chapter 7 bankruptcy file "pro se". Unfortunately, a significantly larger percentage of "pro se" cases run into problems that could have been prevented by using an experienced bankruptcy attorney. "Pro se" debtors have more bankruptcies dismissed, more assets lost, and more litigation, than debtors represented by counsel. It can be cheaper in the long run to retain an experienced bankruptcy attorney. Chapter 13 bankruptcy is almost impossible to successfully complete without an attorney. Most debtors filing "pro se" chapter 7 bankruptcy use typing services called "Bankruptcy Petition preparers". Fees for typing services range from $99 to $599, but Judge Brooks in Colorado recently ruled that fees in excess of $200 are excessive, so you shouldn't pay over $200. I've sued several bankruptcy petition preparers for giving poor legal advice which resulted in devastating consequences to the debtors involved. If you thought life was difficult before filing bankruptcy, it can get 10 times worse with a bankruptcy gone bad.

Answer Applies to: Colorado - Replied: 9/14/2011

Answered By: Law Office of Lynnmarie A. Johnson

Call now: (810) 695-0102

Pro se means that your are filing for yourself, without an attorney. I occasionally see someone who does it on their own, it is not easy and the forms are difficult and have to be filled out just right. There are also documents that you have to send to the trustee ahead of your hearing, and which ones generally vary by which trustee you get. Some attorneys allow you to make payments, sometimes Legal Services can help you for free if you meet certain criteria. I would certainly recommend one or those alternatives before doing it yourself, it is too important and too easy to mess up.

Answer Applies to: Michigan - Replied: 9/14/2011

Answered By: Dan Wilson Bankruptcy

Call now: (720) 506-3157

Pro se means filing without an attorney. Its a really bad idea. BK is really complicated. You risk losing assets that could be protected, not discharging all dischargeable debts, litigation by creditors objecting to discharge, and even dismissal of your case. Interview some BK attorneys. many will flow you to make payments (although your case cannot be filed until you are paid in full.) If you are making minimum payments on your credit cards you can free up some cash by stopping payments.

Answer Applies to: Colorado - Replied: 9/14/2011

Answered By: The Morris Law Group

Call now: (949) 830-1182

Pro se means to represent yourself in a legal proceeding without the aid of an attorney. The only pro to preparing your own bankruptcy is the cost. Although if you make a mistake it may cost you a lot more. Take a look at the bankruptcy forms yourself to see if this is a do it yourself project. Good luck!

Answer Applies to: California - Replied: 9/13/2011

Answered By: Bankruptcy Law office of Bill Rubendall

Call now: (925) 827-2272

A debtor may represent himself or herself. It is better to have an attorney represent you so that your rights are protected.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Law Offices of James Wingfield

Call now: (508) 797-0200

Pro se simply means that you are not using an attorney. The cons are easy. As the old saying goes, a man who represents himself has a fool for a client. Bankruptcy, perhaps more so than other areas of the law, is a highly technical and specialized area of practice. Bankruptcy is full of pitfalls that can cost you far more than any amount you might have saved in attorneys fees (such as your savings, your house or your other possessions). These pitfalls can also result in money sanctions (even against pro se debtors), loss of discharge, or dismissal in situations where the rules are not followed. Even most of my attorneys I know (who do not specialize in bankruptcy) know little or nothing about bankruptcy, and would not dream of stepping into a bankruptcy court. As for the pros well, other than not paying legal fees to someone, Im not terribly sure there are any pros. While it is legal for you to represent yourself (assuming you are not a corporation or other business entity), I would never recommend you do so. You should be up front with your attorney about your ability to pay. I work with my clients to find a workable solution for payment to allow my clients some flexibility while also making sure I am able to make a living.

Answer Applies to: Massachusetts - Replied: 9/13/2011

Answered By: Ashman Law Office

Call now: (404) 768-3509

There are NO pros to filing pro se (that means with no lawyer). There are immense cons. Pro se bankruptcies often fail, and go badly. You may be denied a discharge, or lose assets you could have saved, or face liens you failed to properly extinguish. Unless you thoroughly understand all the following terms, get a lawyer. (You will likely save more than you will spend). Do you know how to calculate the means test? Can you avoid liens, and do you know how? Do you understand lien strips? Do you understand how to allocate your homestead exemption on non-homestead property? Do you understand preferences and have you made any? Do you understand the consequences of reaffirmation? Do you know if you are better served in Chapter 7 or 13 and how to do the math to answer that?

Answer Applies to: Georgia - Replied: 9/13/2011

Answered By: Law Offices of Joseph A. Mannis

Call now: (818) 591-9890

It means you're doing this without an attorney. The pros? I can't think of any. You'll save money? Perhaps, although you'd save money if you did your own dentistry too, still want to do it? The cons? You can screw this up royally if you don't know what you're doing. You're doing it once in your life, and you're dumping all the debts. Save and hire a bankruptcy attorney and sleep better at night.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Charles Schneider, P.C.

Call now: (734) 237-1523

As a pro se filer you act as your own lawyer. The danger is becoming the victim of your own malpractice.

Answer Applies to: Michigan - Replied: 9/13/2011

Answered By: The Law Offices of Katie M. Stone

Call now: (407) 217-5807

Pro se means that you are representing yourself. A pro se debtor is someone who files a bankruptcy without an attorney. The bankruptcy process and the forms involved to file a bankruptcy petition is very detailed and complex. Although you do not have a lot of money for an attorney, I highly suggest that you meet with one to explore your situation, get some advice and ask about how much it would take. Most attorney's will offer a free initial consultation. You may be able to find an attorney that will help you at a discounted rate due to your financial hardship. I would hate for you to file a bankruptcy yourself (pro se) and then end up losing assets or not receiving a discharge because you don't understand your rights, the bankruptcy trustee's rights and the process. I hope you found this information helpful.

Answer Applies to: Florida - Replied: 9/13/2011

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis

Call now: (317) 623-3030

Pro Se means "moving forward alone." You can file bankruptcy without a lawyer but that is highly inadvisable because if you don't know what you are doing, your case will be dismissed and you could end up losing money or property moreso than it would cost to hire an attorney!

Answer Applies to: Indiana - Replied: 9/13/2011

Answered By: Law Office of David P. Farrell

Call now: (310) 593-3414

Pro se means self-represented. You have the right to represent yourself in bankruptcy, but doing so probably isn't a good idea. The law and procedure can be complex, confusing and daunting to take on yourself. You may actually end up paying more to have an attorney clean up the mess you create than you would if you just hired one in the first place. You should be able to find an attorney in your area to represent you at a price you can afford.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Financial Relief Law Center

Call now: (866) 850-3030

Filing "pro - se" just means that you are representing yourself. If you're a simple case then you can probably get by filing on your own, or with the help of a local legal aid clinic if needed. If your case is more complex, meaning you have a lot of assets or you are unsure how to protect your property in the bankruptcy, I would recommend speaking with an attorney. Often times attorneys will give an initial free consultation to assess your situation before you decide to move forward, so that may be able to give you an idea of how complex or simple your case would be.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Grace Law Offices of John F Geraghty Jr.

Call now: (404) 660-2740

Pro se means that you are representing yourself. Unless you are filing a liquidation Chapter 7 it is a bad idea in my opinion. if you file Chapter 13 which means youhave some income and pay a certain % of your bills the Attorney Fees can be included as part of the Bankruptcy plan.

Answer Applies to: Georgia - Replied: 9/13/2011

Answered By: Melinda Murphy Dionne, PC

Call now: (855) 776-7872

Pro se means you are representing yourself. Bankruptcy is a very complex and there are many traps that can cause your case to be dismissed. Schedule a free consultation with a bankruptcy lawyer. Most lawyers will work with you on developing a plan that you can afford and that will get you out of debt.

Answer Applies to: Alabama - Replied: 9/13/2011

Answered By: Janet A. Lawson Bankruptcy Attorney

Call now: (805) 985-1147

"pro se" means you represent yourself. If have any assets you should see a lawyer.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Law Office of L. Paul Zahn

Call now: (805) 351-3712

Filing pro se means filing as self represented. If you file in pro se, you are not represented by anyone other than yourself. Having an attorney to represent you in a bankruptcy may not be as expensive as you might think.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Linda C. Garrett Law

Call now: (707) 435-1991

The term "pro se representation" means that you represent yourself. (That you are not represented for formal legal counsel.)

Answer Applies to: California - Replied: 9/13/2011

Answered By: Diefer Law Group, P.C.

Call now: (951) 779-9609

"Pro se" means that you are representing yourself. If you file Pro Se you will need to pay the bankruptcy filing fee but would not have attorney fees as you would be your own attorney. This, however, can be a problem. Many cases are filed incorrectly due to pro se representation. While I know it is expensive to have legal representation, it is recommended.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Braunstein Wisehart LLC

Call now: (503) 505-0411

Filing a bankruptcy petition "pro se" simply means that you are representing yourself. Although representing yourself may save you money, it may cost you a lot of time and difficulty. Filing bankruptcy is a complicated process as there are several forms that you must file, various deadlines, and, generally, at least one court appearance you must make. Failure to file the appropriate forms or provide the trustee with documentation may lead to the case being dismissed.

Answer Applies to: Oregon - Replied: 9/13/2011

Answered By: Law Offices of Daniel Moulton

Call now: (773) 429-1001

Pro se means filing by yourself. The drawback is that you won't have anyone with experience assisting you.

Answer Applies to: Illinois - Replied: 9/13/2011

Answered By: Judith A. Runyon, Esq. Attorney at Law

Call now: (951) 782-7495

Pro se means you represent yourself

Answer Applies to: California - Replied: 9/13/2011

Answered By: Law Office of Harry L Styron

Call now: (925) 932-4300

"Pro se" means "for him (her) self." That's is what you are talking about doing. You can us Nolo Press' calculator to see if you are eligible for Chapter 7 or must file Chapter 13 , and you can buy their books for each kind of Bankruptcy. But Chapter 13 is very complex and difficult to do without experience. Chapter 7 is less so, but by the time you complete the petition you will have a document of more than 30 pages. If you fail to completely list everything you are supposed to list you may be denied your discharge or, worse, if the trustee concludes you were deliberately concealing something, be charged with a federal crime.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Law Office of Maureen O' Malley

Call now: (703) 467-9199

It means you're filing on your own and there's no good reason to do it.

Answer Applies to: Virginia - Replied: 9/13/2011

Answered By: Lewis Adams and Associates

Call now: (801) 676-1950

"Pro se" means that you represent yourself. If you understand the law and are confident that you can represent yourself, it may be a good way to go. Unfortunately, the bankruptcy code is complicated and contains a number of requirements that can create problems for you. In this area of the law, an attorney is usually a wise investment.

Answer Applies to: Utah - Replied: 9/13/2011

Answered By: Bird & VanDyke, Inc.

Call now: (209) 390-8877

Pro Se just means that you are filing your bankruptcy case on your own behalf without the benefit of an attorney. If you file without an attorney your are a "Pro Se" debtor. The disadvantages of this are obvious.

Answer Applies to: California - Replied: 9/13/2011

Answered By: Symmes Law Group, PLLC

Call now: (206) 390-9451

Pro se means you represent yourself when you file bankruptcy.

Answer Applies to: Washington - Replied: 9/13/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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