Top 10 Pro Se Filing Errors
To better assist parties without an attorney (also known as "pro se") in successful navigation of their bankruptcy cases, the U.S. Bankruptcy Court for the District of Maryland has compiled a listing of the top 10 filing errors made by pro se parties. Each error is followed by a tip on how to avoid making the error.
- Failure to Submit a Certificate of Service
- Failure to Include Signatures
- You must sign all forms and declarations where instructed to do so (e.g.,
Declaration of Schedules and
signature pages/sections at the end of many official and local bankruptcy
forms).
- Not Labeling Amended Pleadings as "Amended"
- All amended pleadings must be clearly marked as "Amended". This includes Amendments to the Creditor Mailing
Matrix (due to an incorrect address or creditor additions), which must be filed with an
Amended Verification of Creditor Matrix Form. Please see the
Amended Filings section under the Information for
Debtors Without an Attorney
page for more information. See also Top 10 Pro Se Filing Errors #8.
- Submitting Illegible Hand Written Documents
- Typed documents are preferable for all filings with the Bankruptcy Court. All bankruptcy forms are available
in PDF fillable format under the
Forms
page on the Court’s website, so you can complete them electronically and
then print them out (and then sign, if necessary) to submit them. If you need to file handwritten documents,
they must be legible and in print.
- Filings with Improper Captions or No Caption
- A caption is required on all pleadings. Some pleadings can be submitted using forms on the Court’s website,
like the
Pro Se Answer Form (and
Instructions). If there is no form available for the
pleading you need to file,
please click here for sample captions.
- Incomplete Summary of Schedules and/or Missing Statistical Summary Page
- The
Summary of Schedules is Official
Bankruptcy Form B6, which includes both the Summary of Schedules and the Statistical Summary of Certain
Liabilities. Both forms must be completed in their entirety and submitted to the Court when filing a
Chapter 7, 11, 12, or 13 case.
- Failure to File a Certificate of Credit Counseling
- Incorrect Amended List of Creditors
- The
Amended Creditor Matrix should only contain the names and
addresses of the newly added creditors and should be filed with a signed
Amended Verification of Creditor Matrix Form.
The Amended Verification Form should be used to correct an insufficient address/returned mail. Do not forget
you also must file a
Certificate of Service,
stating that you notified the creditors on the amended schedule
of the 341 Meeting of Creditors (by forwarding a copy of the Court generated notice or sending a separate notice
to the creditor that includes the case number, meeting date, and meeting time), with your Amended Matrix and
Amended Verification of Creditor Matrix Form.
- Incorrect Installment Fee Payments
- When paying for the filing of a bankruptcy case in installments you must be sure to fully complete the
application
to pay in installments,
including dates, payment amounts, and an initial down payment.
- Failure to file the Financial Management Course Certificate/Certificate of Debtor Education
- The financial management course requirement is separate from the credit counseling required before filing.
Both are needed to complete the bankruptcy process and obtain a discharge of your debts. Please see the
Financial Management Certification Warning
under the Information for Debtors Without an Attorney page.