Legal Question in Bankruptcy in California
Hello. My parents are in there eighties and recently filed for bankruptcy chapter 7. They applied for the fee waiver and they were denied by the judge. They earn from a pension slightly more than the limit but have many expenses such as medical bills. They were also denied installments. They found a way to pay the fee, they borrowed from their children. Two months later it was supposed to be discharged and they receive a letter stating the case is closed because of a clerical error and my parents have to re open the case and pay another fee. We again asked the judge for a waiver and he again denied it. My parents do not have an attorney but all the documents were done correctly and turned in in a timely manner. I think this is a shameful way to treat senior citizens who are not well. Is there any way to appeal this. We live in los angeles California. Thank you.
2 Answers from Attorneys
You cannot appeal. The rule is that when a person acts as his/her own attorney the person is supposed to know all the laws and rules like a lawyer and pay for any mistakes like lawyers. Therefore, "pro se" filers are not given a special break in our judicial system. I am sure the judge did not know if your parents were 100 or 18 years old. The date of birth is not on the petition. The judge (probably the judge's clerk actually) was only looking at papers and many, many of them each day. Had the judge known the situation I am sure he/she would have been more lenient. Perhaps writing a letter to the judge detailing the situation and the age of your parents with a copy to the trustee might get the judge to reconsider the situation and waive the fee to reopen the case. Trustees don't get paid when waiver of fees are granted and Chapter 7 trustees don't make too much on each case. Therefore, the judges don't like to grant waivers that will deprive the trustee of their fees. The system would collapse if too many waivers are granted. However, why the opportunity to pay in installments was denied is a mystery to me. Good luck....
I would report the non-attorney who prepared the papers to the court. Maybe the court will make this person refund your parents' filing fee. Next time use an attorney.
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