“Pro Se” is a legal term for “on your own.” According to a study conducted by the Central District of California, approximately 9% of people filing for bankruptcy nationwide choose to go it alone. In some districts, this number can reach as high as 28%. The study found that despite governmental and non-governmental efforts to provide referrals and programs for bankruptcy seekers, it just is not possible for everyone to have an attorney representing them in bankruptcy cases.
The Problems of Filing for Bankruptcy on Your Own
Although it is possible to do a good job filing for bankruptcy by yourself, it is likely that a small detail will fall through the cracks. The following issues are some of the most common problems for pro se bankruptcy litigants.
- The bankruptcy is unnecessary: Before filing, you should be sure that a bankruptcy is not only necessary, but will be effective in dispensing your debts. There are alternatives so make sure you know exactly what you are getting yourself into.
- Filing under the wrong Chapter: While Chapter 7 and Chapter 13 bankruptcies are generally the most logical choices for consumers, there are very important distinctions between the two. Not all consumers will qualify for either or both and each type of bankruptcy addresses different debts and dispensations. Chapter 13 is often the best option to keep your home out of foreclosure while Chapter 7 may be the safest bet if you have low income and minimal assets.
- Failing to file the required documents/filing the wrong documents: Many pro se bankruptcy litigants fail to file all of the necessary paperwork. Before you file, be sure to conduct thorough research to ensure you have all the required paperwork.