NCJ Number
164109
Journal
FJC (Federal Judicial Center) Directions Issue: 9 Dated: (June 1996) Pages: 37-40
Editor(s)
G K Loveland
Date Published
1996
Length
4 pages
Annotation
This article presents a section of the Case Management Manual for United States Bankruptcy Judges that provides guidance to courts faced with pro se debtors either occasionally or regularly; many of the suggestions are applicable to creditors who may appear before the court without counsel.
Abstract
The first subsection describes techniques that judges can use in specific cases and proceedings to assist pro se litigants. These include an early review of documents, the use of status and pretrial conferences, the payment of the filing fees in installments, referral to mediation, and notification to pro se parties of potential sanctions under Federal Rules for Bankruptcy Proceedings 9011. Other techniques judges can use to assist pro se parties in bankruptcy proceedings are instruction in responses to motions for summary judgment, the court's approval of a reaffirmation agreement, and discouragement of inappropriate withdrawal of representation and limitations on the scope of representation. Another subsection offers suggestions on the development of districtwide programs to address the needs of pro se parties. These suggestions include the establishment of a committee to consider issues related to pro se parties, the establishment of pro bono programs, the development of instructional materials and sample forms, and the control of improper filings by "bankruptcy mills."