Although
a person is allowed to represent themself
personally in a Chapter 13 case, (the
legal term for representing one’s
self is “Pro Se”), the Chapter
13 Trustee strongly advocates that petitioners
not attempt to represent themselves before
the United States Bankruptcy Court.
A
Chapter 13 Trustee is prohibited from
giving individual legal advice to either
debtors or creditors in a Chapter 13
plan. Therefore, a petitioner who chooses
to
represent themself Pro Se in a bankruptcy
case does so at their own peril. Often
times people representing themselves
Pro Se complete the bankruptcy schedules
incorrectly;
and therefore, creditors can easily seek
appropriate court action to continue
collection and foreclosure actions against
the debtor’s
income and property.
The Trustee strongly
urges all individuals considering a
Chapter 13 bankruptcy to
contact one of the local bar associations.
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Akron
Bar Association
(330)253-5007
Medina
County Bar Association
(330)725-9794
Portage
County Bar Association
(330)296-6357
All
three bar associations have attorney
referral services and can assist individuals
who need an attorney to represent them
in bankruptcy. Often times individuals
tell the Trustee that they cannot afford
an attorney, which is not correct.
Attorneys in a Chapter 13 plan are paid
by the
funds that the petitioners pay monthly
into the Chapter 13 plan. While most
attorneys may require a down payment
as a retainer fee and court filing
fees, most attorneys do not require the
full
fee to be paid in full prior to the
filing of the bankruptcy case.
A worst case scenario
for individuals who are attempting to
represent themselves Pro Se is those
that seek the services of a bankruptcy
petition preparer. Please see "The
Perils of Using a Bankruptcy Petition
Preparer". |