The most common pro se mistakes are: failing to list all debts (unlisted debts may not be discharged), incorrectly valuing assets, missing exemption claims, not completing the means test properly, failing to attend the 341 meeting, not filing required credit counseling certificates, and missing deadlines for document submissions.
Knowing the common mistakes helps you avoid them. Here are the errors that most frequently cause problems for pro se filers.
Filing Errors
- Incomplete debt schedules: You must list every creditor, even debts you want to keep paying. Unlisted debts may not be discharged in some jurisdictions.
- Wrong asset values: Use current fair market value, not what you paid or what you think something should be worth. Overvaluing can cost you exemptions; undervaluing can trigger fraud concerns.
- Missing exemptions: If you do not claim an exemption on Schedule C, the trustee can take the property. This is the most costly mistake pro se filers make.
- Incorrect income calculation: The means test uses the 6-month lookback. Many pro se filers use current income instead of the required 6-month average.
Procedural Errors
- Not filing the credit counseling certificate: Must be filed within 14 days of the petition or the case is dismissed
- Missing the 341 meeting: Failure to appear typically results in case dismissal
- Not filing the financial management course certificate: Discharge cannot be entered without it
- Not responding to trustee requests: The trustee may request additional documents; failure to respond can lead to dismissal
Strategic Errors
- Filing at the wrong time (bad means test window)
- Not understanding preference payments (paying family members back before filing)
- Transferring property before filing without understanding fraudulent transfer rules