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  1. #1

    Default Can a Pro Se Litigant Hire a Lawyer to Sign a Reaffirmation Agreement

    My question involves bankruptcy in the state of: Texas. Had 341 meeting pro se, now all is done except reaffirmation agreement. Even though I represented myself this far, is it allowed to hire atty just to sign reaffirmation agreement, so that judge doesn't have to approve of it? As fars i understand, if an atty signs off, a meeting with judge isnt needed and its automatically approved.

  2. #2
    Join Date
    Mar 2013
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    Default Re: Can a Pro Se Litigant Hire a Lawyer to Sign a Reaffirmation Agreement

    There are plenty of attorneys who will do just about anything for the right price. Why don't you call around and ask a few.

  3. #3
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    Default Re: Can a Pro Se Litigant Hire a Lawyer to Sign a Reaffirmation Agreement

    You may have trouble finding a lawyer to what you propose, adjusterjack’s comments notwithstanding. All attorney’s fees in a bankruptcy proceeding must be approved by the court; it is not quite as simple as signing a fee agreement and paying the attorney money. Moreover, the attorney would need to enter an appearance in the case and then petition the court to withdraw if you did not want him to do anything more in the bankruptcy. Finally, unless your state specifically allows for attorneys to provide a la carte services to clients there may be hesitation here because of the possibility of running into malpractice claims or other problems if you’ve screwed up the case somehow and then the attorney was stuck with that in representing you. But you are free to ask some bankruptcy lawyers about doing this and see what they say.

    Why is it that a hearing with the judge (assuming that the judge does require it) bothers you? The basic purpose of doing that for a pro se litigant would simply be to make sure that you understand what it is that you are agreeing to when entering into the reaffirmation agreement. The judge cannot advise you if it is the best thing for you to do and cannot simply deny it because the judge thinks you might be better off doing something else. Of course, it may be that reaffirmation is not your best move, but without details there is no way to advise you on that.

  4. #4

    Default Re: Can a Pro Se Litigant Hire a Lawyer to Sign a Reaffirmation Agreement

    If I filed pro se, isn't a hearing with judge absolutely required? Or only it proposes undue hardship?

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