I’ve taken over many cases where a debtor prepared and filed the various bankruptcy documents without the help of an attorney, what is called a pro se or pro per filing. Apart from the fact that the schedules generally have to be completely redone (the exemptions are usually wrong, debts are not listed, assets are not listed or are listed or valued incorrectly, the Means Test uses the wrong figures, the Statement of Financial Affairs is incorrect, and the budget is generally wrong), and a number of these people lost their homes as a result of not being advised about what was required, how the process worked, how to value assets, how to deal with various types of debts, etc.–something an attorney is required to do.
Others ran into severe problems at the Meeting of Creditors, where they have no one to turn to for preparation or advice. Generally, pro se debtors don’t know what the Trustee is looking for, or how to properly deal with the Trustee’s questions and concerns. One ended up facing charges of bankruptcy fraud–all because she didn’t understand the effects of what the information put in their schedules meant.
Finally, under the new bankruptcy law, there are a number of new deadlines that, if missed, will result in the automatic dismissal of your case, and a potentially very complex means test computation. Many bankruptcy attorneys are no longer practicing in this area of law as a result of the changes.
Bankruptcy is a very tricky area of the law (even to attorneys who don’t regularly practice it). Interestingly enough for a federal system, it is very state and locality specific. What will work in California, for example, probably won’t fly here in Maryland.
Do yourself a big favor—see a lawyer.
About Brett Weiss, Maryland Bankruptcy Attorney
Brett Weiss has been practicing in the areas of bankruptcy for the past 26 years. Mr. Weiss has received international media attention in connection with the cases he had handled. He has been interviewed by Barbara Walters on The View, appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others. An honors graduate and award-winning National Moot Court Competition national finalist at the University of Maryland School of Law, Mr. Weiss served as law clerk to the Chief Administrative Judge of the Anne Arundel County Circuit Court before entering into private practice. Regularly appearing before the United States Bankruptcy Court, state and federal courts throughout the State of Maryland and the District of Columbia, Mr. Weiss is a strong advocate for his clients.
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