{"id":884,"date":"2020-08-10T21:34:48","date_gmt":"2020-08-10T21:34:48","guid":{"rendered":"https:\/\/santarosabankruptcy.us\/?p=884"},"modified":"2020-08-10T21:34:49","modified_gmt":"2020-08-10T21:34:49","slug":"surprising-number-of-chapter-13-petitioners-filing-pro-se","status":"publish","type":"post","link":"https:\/\/santarosabankruptcy.us\/surprising-number-of-chapter-13-petitioners-filing-pro-se\/","title":{"rendered":"Surprising Number of Chapter 13 Petitioners Filing Pro Se"},"content":{"rendered":"\n

In both chapter 7 and chapter 13 bankruptcy there is a meeting of creditors, also called a 341 meeting after the section of the Bankruptcy Code that establishes this event. In practice, it’s common to see one, maybe 2, pro se<\/em> (people filing without an attorney; self-represented) filers in a chapter 7 bankruptcy meeting of creditors. However, I recently saw 4<\/em><\/strong> pro se<\/em> filers on a single chapter 13 bankruptcy meeting of creditors calendar<\/a> in Santa Rosa.<\/p>\n\n\n\n

Why Pro Se Petitioners In Chapter 13 Is Concerning<\/h2>\n\n\n\n

People filing Chapter 13 bankruptcy without an attorney is concerning for a number of reasons. First, chapter 13 bankruptcy is quite complicated. It requires filing a confirmable chapter 13 plan which itself is difficult but also requires motions throughout the 3-5 year case. Few self-represented pro se<\/em> filers are equipped to file motions much less a confirmable plan. <\/p>\n\n\n\n

The second cause for concern is why so many people are deciding to file chapter 13 bankruptcy without an attorney. Are there so few affordable bankruptcy attorneys<\/a> in Santa Rosa that 4 petitioners gave up and filed chapter 13 by themselves? Is there a bankruptcy petition preparer (a non-attorney) helping people who really need an attorney prepare chapter 13 petitions that have no hope of being successful? <\/p>\n\n\n\n

How Much Santa Rosa Chapter 13 Bankruptcy Attorneys Cost<\/h2>\n\n\n\n

It’s true that Santa Rosa bankruptcy attorneys charge more for chapter 13 bankruptcy than they do for chapter 7 bankruptcy. The reason lies in the added paperwork, court appearances, and duration of representation. Simply put, chapter 7 bankruptcy requires less paperwork, only 1 appearance at the meeting of creditors, and is over in a few months. In contrast, chapter 13 bankruptcy requires more paperwork, several appearances, and lasts 3 to 5 years.<\/p>\n\n\n\n

While Santa Rosa bankruptcy attorneys do charge more for chapter 13 than chapter 7, their total fees usually align with the No Look Fee Guidelines<\/a> set by the Bankruptcy Court. Better yet, most bankruptcy attorneys only charge a percentage of that total fee before filing the petition, opting to earn the rest of the fee through the chapter 13 repayment plan. As a result, few clients are asked for the entire “No Look” fee before filing.<\/p>\n","protected":false},"excerpt":{"rendered":"

In both chapter 7 and chapter 13 bankruptcy there is a meeting of creditors, also called a 341 meeting after the section of the Bankruptcy Code that establishes this event. In practice, it’s common to see one, maybe 2, pro se (people filing without an attorney; self-represented) filers in a chapter 7 bankruptcy meeting of […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/posts\/884"}],"collection":[{"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/comments?post=884"}],"version-history":[{"count":1,"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/posts\/884\/revisions"}],"predecessor-version":[{"id":885,"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/posts\/884\/revisions\/885"}],"wp:attachment":[{"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/media?parent=884"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/categories?post=884"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/santarosabankruptcy.us\/wp-json\/wp\/v2\/tags?post=884"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}