Legal Question in Bankruptcy in California

Re: Filing a BK Petition

You have probably heard the saying that an attorney who argues his own case has a fool for a client. Any person can act without an attorney to file a bankruptcy, including an attorney. It just isn't a particularly good idea.

A podiatrist might know enough cancer to engage in a course of self treatment, but the podiatrist is better off seeing an oncologist. A personal injury attorney might be a really good litigator, but that doesn't mean they are qualified to acts as their own attorney in bankruptcy court.

Re: Filing a BK Petition

I'd have to agree with Attorney Starrett. Yes, it can be done, but is it wise to do? Attorneys fees in most consumer bankruptcies are not excessive - to a degree they are limited by the Courts who will challenge any attorneys fees exceeding established standards. A second factor to consider is the fact that you will be held to a much higher standard than any other pro se debtor, and expected to know and comply with all of the intricacies of post-BAPCPA bankruptcy filings. Much of what the Trustee's expect from debtors is not necessarily written in the rules of procedure, local rules or otherwise, and is knowledge gained through experience only. I personally wouldn't represent myself in a bankruptcy, and I work in this field.

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