Legal Question in Bankruptcy in New Jersey

Chapter 13 Bankruptcy

Can you file a ch. 13 petition pro se and then substitute in an attorney later.


Asked on 12/01/07, 7:12 pm

2 Answers from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: Chapter 13 Bankruptcy

I agree with Mr. Brown's answer.

Also, you should be aware that the overall cost of your representation may be more if you plan on filing the case pro se (yourself without attorney) and then later hiring an attorney. This is because the attorney you hire to come into your ch. 13 case you commenced pro se has to review every filing you have made with the Court and then amend whatever is deficient or requires correction. In my experience this is harder than handling a case from scratch.

Since many attorneys who handle chapter 13 cases may (and legally can) accept payment of at least part of their legal fees through the chapter 13 plan over time (particularly if there is a house involved), you would be better off hiring an attorney from the outset.

You should consult with an knowledgeable bankruptcy attorney in your area who is experienced in chapter 13 bankruptcy.

Please feel free to visit the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm for further information about chapter 13.

Good luck,

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Answered on 12/02/07, 4:55 pm
Glenn Brown Real World Law, P.C.

Re: Chapter 13 Bankruptcy

yes. However a major part of the value of an attorney is doing a proper filing to avoid errors down the road.

good luck to you.

Services at a reasonable fee.

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Answered on 12/02/07, 2:16 am


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