Representing Yourself In Bankruptcy = Herculean Task

This morning I was at a chapter 13 confirmation hearing before Judge Mosier.  The case that was on the docket before mine was a married couple in chapter 13 bankruptcy who had decided not to hire an attorney to represent them in bankruptcy.  They were doing it pro se to use our fancy lawyer gobbledygook.

As usual, things were not going well for the pro se debtors.  They were asking the judge to issue an emergency order to stop an impending foreclosure of their home.  The judge said he was sympathetic to their plight but that they had not filed papers showing the necessary four elements to obtain the order they wanted.  He denied their request and their home will now be foreclosed.

You are not required to hire a lawyer in order to file bankruptcy.  About once a month I see some brave person on the court's docket who has decided to go it alone.  There are checklists on the Utah Bankruptcy Court's website and you might think if you just follow the checklists, you should be good to go.  Unfortunately, it is never so simple and the pro se debtor's name on the docket sheet is almost always followed by this unfortunate epitaph:  Case Dismissed.

It sounds self-serving coming from me, a bankruptcy lawyer, but bankruptcy is no place to go it alone.  Bankruptcy is extremely complex and the process is filled with very strict deadlines.  Things you might think are no big deal can cause your case to be dismissed out of hand.  Quite often when I go to a meeting of creditors with my clients, I will see a pro se debtor there who does not know his or her case has already been dismissed for failure to file some trivial but mandatory document.

I know it's not cheap to hire a lawyer but this is an area where having a seasoned professional on your side is really going to make a huge difference in the outcome.

Keeping "Luxury Items" in a Chapter 13 Bankruptcy

This week I have been working on a chapter 13 case in which my clients would like to keep and pay for their two four-wheelers.  The chapter 13 trustee was initially opposed to this plan, claiming that four wheelers are considered recreational luxuries that a person in bankruptcy should not be allowed to keep.  The trustee argued that money the debtors would pay toward keeping the four wheelers should instead be paid to unsecured debts like credit cards and medical bills, and my clients should have to give up their four wheelers.

My clients explained that they do not use the four wheelers primarily for recreation.  Instead, one of the four wheelers is affixed with a snow plow to clear the driveway because both clients are medically unable to shovel snow.  My clients further explained that they use both the four wheelers to help maintain their in-laws' nearby ranch and the livestock on the ranch.  In return, the in-laws give my clients a freezer full of meet every six months, helping to save on expensive grocery bills.

I told the trustee about these extenuating circumstances, and we reached a compromise.  If my clients agreed to pay another $75 per month toward their unsecured debts in the chapter 13 repayment plan, the trustee would not try to make them give up their four wheelers.  Done!  The clients are thrilled with the deal.

The point is, in bankruptcy as in most other parts of life, everything is negotiable.